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    Motion To Quash: Republic of The Philippines Municipal Trial Court 7 Judicial Region City of Cebu Branch 5

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    Ronnie Gravoso
    The document is a motion to quash filed in the Municipal Trial Court of Cebu City, Philippines. The motion argues that the court does not have jurisdiction over the accused, Jocelyn L. Morales and Melicio P. Capuno, because a warrant was issued for their arrest on March 1, 2020 but they remain at large and have not been apprehended or submitted to the court's jurisdiction. The motion requests that the information filed against the accused for violating the Revised Penal Code be quashed due to the lack of jurisdiction over the persons of the accused.

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    © All Rights Reserved
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    Motion To Quash: Republic of The Philippines Municipal Trial Court 7 Judicial Region City of Cebu Branch 5

    Uploaded by

    Ronnie Gravoso
    79 views3 pages
    The document is a motion to quash filed in the Municipal Trial Court of Cebu City, Philippines. The motion argues that the court does not have jurisdiction over the accused, Jocelyn L. Morales and Melicio P. Capuno, because a warrant was issued for their arrest on March 1, 2020 but they remain at large and have not been apprehended or submitted to the court's jurisdiction. The motion requests that the information filed against the accused for violating the Revised Penal Code be quashed due to the lack of jurisdiction over the persons of the accused.

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    mtq

    Original Title

    MTQ - Adultery

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    The document is a motion to quash filed in the Municipal Trial Court of Cebu City, Philippines. The motion argues that the court does not have jurisdiction over the accused, Jocelyn L. Morales and Melicio P. Capuno, because a warrant was issued for their arrest on March 1, 2020 but they remain at large and have not been apprehended or submitted to the court's jurisdiction. The motion requests that the information filed against the accused for violating the Revised Penal Code be quashed due to the lack of jurisdiction over the persons of the accused.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    79 views3 pages

    Motion To Quash: Republic of The Philippines Municipal Trial Court 7 Judicial Region City of Cebu Branch 5

    Uploaded by

    Ronnie Gravoso
    The document is a motion to quash filed in the Municipal Trial Court of Cebu City, Philippines. The motion argues that the court does not have jurisdiction over the accused, Jocelyn L. Morales and Melicio P. Capuno, because a warrant was issued for their arrest on March 1, 2020 but they remain at large and have not been apprehended or submitted to the court's jurisdiction. The motion requests that the information filed against the accused for violating the Revised Penal Code be quashed due to the lack of jurisdiction over the persons of the accused.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    REPUBLIC OF THE PHILIPPINES

    MUNICIPAL TRIAL COURT


    7th Judicial Region
    City of Cebu
    Branch 5

    PEOPLE OF THE PHILIPPINES,


    Plaintiff, CRIM. CASE NO. 128994-R

    -vs.- FOR: ADULTERY

    JOCELYN L. MORALES and MELICIO P. CAPUNO,


    Accused.

    X--------------------------------X

    MOTION TO QUASH
    Comes now, the accused, through the undersigned
    counsel, most respectfully, unto this Honorable Court,
    moves for the quashal of the Information filed against
    him, to wit:

    The Honorable Court did not acquire jurisdiction over


    the person of the accused because the accused remain to
    be at large.

    1. The record shows that on February 28, 2020,


    Assistant Prosecutor Allyn Franz C. Meneses filed a
    case of murder against the accused JOCELYN L. MORALES
    and MELICIO P. CAPUNO with this honorable court, which
    was docketed therein as Criminal Case No. 169691-C; a
    warrant of arrest was issued by this honorable court on
    March 1, 2020. However, as of the filing of this motion
    to quash, the accused remain at-large.

    2. Jurisdiction over the person of an accused is


    acquired upon either his apprehension, with or without
    warrant, or his submission to the jurisdiction of the
    court. Accused has not been apprehended by any
    authority nor has he submitted himself to the
    jurisdiction of this Court.
    Prayer

    WHEREFORE, premises considered, it is respectfully


    prayed that the information filed against the accused
    for allegedly violating Article 333 of the Revised
    Penal Code be quashed because this Court has not
    acquired jurisdiction over the person of the accused.

    Other just and equitable reliefs are likewise


    prayed for.

    Respectfully submitted this 9th day of March, 2020,


    Cebu City, Philippines.

    CLABISELLAS LAW FIRM AND PENSION HOUSE


    Counsel for the Accused
    Unit 1230,100th Floor, SOGO Building
    Cebu City

    By:

    Reyna Angeli L. Pesquira


    Counsel for the Accused
    My Commission Expires Dec. 31, 2023
    Roll of Attorney No. 34567
    IBP No. 12345/2-5-23/Cebu
    PTR No. 87654/12-22-23/Cebu

    NOTICE OF HEARING

    The Branch Clerk of Court


    MTC, Branch 18, Cebu City
    Qimonda IT Bldg., North Reclamation Area
    Cebu City 6000

    Hon. Allyn Franz C. Meneses


    Assistant Prosecutor, Cebu City, Cebu

    Greetings!
    Please submit the foregoing motion to quash for the
    Honorable Court's consideration on March 23, 2020, at
    nine o'clock in the morning, with presence of counsel.

    Thank you.
    REYNA ANGELI PESQUIRA

    Copy furnished by registered mail:

    Hon. Allyn Franz C. Meneses


    Assistant Prosecutor, Carcar City, Cebu

    Explanation

    A copy of the foregoing manifestation and motion to


    quash was furnished through registered mail to the Hon.
    Allyn Franz C. Meneses, due to distance and for lack of
    office personnel to do the personal service.

    REYNA ANGELI PESQUIRA

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