Motion to Quash Skilled TheftDistinction via Carnapping Dissertation

Republic of the Korea


xxxxx Judicial Place

Branch xxxx

Cauayan Metropolis, Isabela


Plaintiff, Legal Case Number xxxxx Intended for: QUALIFIED ROBBERY






COMES NOW, the accused through the Public Lawyer's Office, by the undersigned suggest and unto this Reputable Court the majority of respectfully techniques for the quashal in the Information in the above-entitled case and in support thereof alleges:

1 . Which the accused has been indicted in two (2) Informations registered before the Honorable Court– pertaining to Violation of Anti-Carnapping Law in Felony Case No . 7497 and Qualified Fraud in Felony Case No . 7496;

2 . That the two charges came about out by a single incident and with single criminal intent that was the thieving or depriving them of without the understanding and agreement of the owner of one device tricycle, which necessarily comes with both the bike and its sidecar, on solitary place and occasion, that is, on Sept. 2010 8, 2011 in the Associated with Cauayan, Isabela, Philippines and that the singularity of intent may not be modified by the fact that the sidecar with the tricycle was subsequently separate from the motor bike;

3. That under Secret 117, Section 3(f), of the Rules upon Criminal Treatment, the falsely accused may move to quash the complaint or information on the earth " more than one offense is definitely charged other than when a solitary punishment for various offenses is prescribed by law”. Hence, this kind of motion.


4. In an Information for QUALIFIED FRAUD filed by simply City Prosecutor Rudy M. Cabrera went out with October 4, 2011 thus accused was indicted the following:

The undersigned Prosecutor accuses MARISON DELOS SANTOS, of the crime of QUALIFIED ROBBERY, defined underneath Article 310 and punished under Content 309, with the Revised Penal Code, fully commited as follows:

That on or perhaps about the 8th day of Sept 2011, in the City of Cauayan, Province of Isabela, Israel, and inside the jurisdiction on this Honorable Courtroom, the stated accused, would then and there willfully, unlawfully and feloniously, with intent to gain and without the ability and consent of the owner thereof, have, steal and carry aside, the sidecar owned by simply Apolo Guray valued for more or less P25, 000. 00 without the knowledge and consent of the owner to the destruction and bias of said Apolo Guray in the aforesaid amount P25, 000. 00.

That the falsely accused committed the crime with grave maltreatment of assurance because he separate the sidecar from the bike which was vested to him by the owner to drive underneath the so called " boundary system”.


5. In Criminal Circumstance No . 7497, herein falsely accused is also indicted prior to the Honorable Court for VIOLATION OF THE ANTI-CARNAPPING ACT OF 1972 within an Information, the inculpatory portion of which states:

That in or about the eighth day of September 2011, in the Associated with Cauayan, Province of Isabela, Philippines, and within the legal system of this Professional Court, falsely accused, with intention of gain minus the knowledge and consent from the owner thereof, did after that and there, willfully and unlawfully, consider, steal and carry away a PHAZER STX motor bike with Platter No . 2460BV, owned by simply Apolo G. Guray, towards the damage and prejudice from the said owner.


6. A careful disquisition of the two Informations would however demonstrate that equally charges came about out coming from a single event and single criminal purpose, on one place and occasion that may be, the illegal taking from the tricycle which usually necessarily includes both the motorbike and its sidecar, on Sept 8, 2011 in the Associated with Cauayan, Isabela, Philippines. This kind of contention finds support in another paragraph from the Information intended for Qualified Fraud...

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