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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES


7TH Judicial Region
City of Naga, Cebu
Branch ____

PEOPLE OF THE PHILIPPINES Formatted Table

Plaintiff,

versus CASE No. MTCCN-048-18 Formatted: Font: Italic


Formatted: Centered
FOR : ESTAFA ART 315 (1b)
Formatted: Right
Formatted: Font: Italic
CRIS ALIGANGA
Accused.
X-----------------------------------------/

PEOPLE OF THE PHILIPPINES Formatted Table

Plaintiff, CASE No. MTCCN-048-18


versus FOR : ESTAFA
CRIS ALIGANGA (ART.315 (1b) OF RPC) Formatted: Left

Accused
X__________________________/

MOTION TO QUASH INFORMATION

Accused, by counsel, states:


1. Formatted: Indent: Left: 0.5", No bullets or numbering

Formatted: Indent: Left: 0.5"

2. 1. Accused respectfully moves to quash the Formatted: Indent: First line: 0.44", No bullets or
numbering
information dated
February 20, 2018 on the ground that the facts charged do not Formatted: Indent: First line: 0.44"

constitute an offense .
3. Formatted: No bullets or numbering

2. To constitute an offense the following elements must be Formatted: List Paragraph1, Indent: First line: 0.5",
Pattern: Clear (White)
present:
4. Formatted: Indent: First line: 0.5", No bullets or

be present : Formatted: List Paragraph1, Indent: First line: 0.5",


Pattern: Clear (White)

1. 2.1. Under Article 315 1(B) wWith unfaithfulness Formatted: Font: Not Bold

or abuse of confidence, namely :

“(b) By misappropriating or converting, to the prejudice of Formatted: Indent: Left: 1", Right: 0.5"

another, money, goods, or any other personal property Formatted: Font: 12 pt


received by the offender in trust or on commission, or for
administration, or under any other obligation involving the
duty to make delivery of or to return the same, even though
such obligation be totally or partially guaranteed by a bond;
or by denying having received such money, goods or other
property.” Formatted: Font: 12 pt

3. The information for Estafa filed in this Honorable Court Formatted: Indent: Left: 0", First line: 0.44"

reads as follows :
3. Formatted: Indent: Left: 0.44", No bullets or numbering


That sometime on the 6th day of the month of July 2017 and Formatted: Font: 12 pt

subsequent thereto, in the City of Naga, Province of Cebu, Formatted: Indent: Left: 1", First line: 0", Right: 0.5"
Philippines and within the jurisdiction of this Honorable
Court, the above-named accused,being the Contractor of two
story house to be completed/finished in the month of
November 2017 on the 37 square meter lot of SPS. JOSE
ERWIN LORENZO and MA.DESIREE CARMELA
LORENZO, with unfaithfulness and abuse of confidence
reposed upon him by the spouses, and with intent to
defraud SPS.JOSE ERWIN LORENZO and MA. DESIREE
CARMELA LORENZO, after having received the amount of
FIVE HUNDRED SIXTY THREE THOUSAND (PhP
563,000.00) PESOS in trust to him for the construction of the
house of SPS. LORENZO, and once in possession of the
money and after making initial construction of the house,
and far from complying of his obligation to complete and
finish the construction or return the money received despite
of several demands, the said accused, did then and there
willfully, unlawfully and feloniously misappropriate and/or
convert the said money to his own personal use and benefit,
to the damage and prejudice of SPS. JOSE ERWIN
LORENZO and MA. DESIREE CARMELA LORENZO in
the aforementioned amount.”

There was no Unfaithfulness or Abuse of Confidence Formatted: Centered

Formatted: Font: 12 pt

4. Formatted: Centered, Indent: Left: 0", First line: 0", Right:


0.5"
Formatted: Indent: Left: 0.5", No bullets or numbering
5. 4. Accused submits that a complaint or information Formatted: Indent: First line: 0.5", No bullets or
must must
state everyInclude every single fact necessary to constitute the Formatted: List Paragraph1, Indent: First line: 0.5"

offense charged. From tThe legal and factual assessment of the


facts presented the essential elements of the offense as
alleged and as defined by law was not sufficiently shown.

There was no unfaithfulness or abuse of confidence.

4.1. There was no unfaithfulness or abuse of Formatted: Indent: Left: 0.5", First line: 0.5", No bullets
or numbering
confidence when accused agreed to handle the
construction. It was the complainant, Jose ErwinJose
Erwin Lorenzo the office mate of the accused who first
sought his service to draft a free hand design for a 37 -
square meter lot. The free hand draft was even requested
for free by the complainant. Accused never brag or never
made any pretenses, nor made an effort to convince the
Spouses on his capacity to do a design and build
services.

5.1 No Misappropriation Formatted: Normal, Centered, No bullets or numbering


Formatted: Font: Bold

No Misappropriation
Formatted: Normal, Indent: Left: 0"

5.2 4.2. The money received by the accused from Formatted: Indent: Left: 0.5", First line: 0.5", No bullets
or numbering
the Spouses Lorenzo was not given in one time basis.
Simply put, there was a progress report in order order
for the Spouses to impart their money and it was
substantiated with receipts and that the Spouses
themselves can attest the materials were being used in
the construction as provided by the picture attached in
their Judicialjudicial affidavits. Otherwise, the
House would not be erected at all.

5.3 4.3. Despite delay in the completion of the Formatted: Indent: Left: 0.5", First line: 0.5", No bullets
or numbering
work , accused never left or did not run awayran away
from his
obligationObligation . Delays were due to Formatted: Indent: Left: 0.5", First line: 0.5"

unfavorable weather and also the additional works such


as removal of the excavated soil . soil. Accused asked
help from the complainant because this is additional cost
but complainant did not heed to accused ‘saccused‘s
request. The additional cost eventually was shouldered
by the accused.

Complainants were not Prejudiced Formatted: Centered, Indent: Left: 0"

Complainants were not prejudiced. Formatted: Left, Indent: Left: 0.5"

5.4 4.4. For a cost of PhP 563,000.0 the Spouses can Formatted: Indent: Left: 0.5", First line: 0.5", No bullets
or numbering
make a rough estimate that the erected house would consumed
that amount and even more( considering the labor and
materials involved) also, because of the additional cost, and
that accused even infused money from his own pocket. It was
actually the Spouses complainants who benefited from this
transaction , they are trying to get more than what they gave to
the contractor
6. Formatted: Indent: Left: 0.5", No bullets or numbering

Formatted: Indent: First line: 0.5", No bullets or

7. 4.5. Given the circumstances, it is but only Formatted: Indent: Left: 0.5", First line: 0.5", No bullets
or numbering
proper that
at this stage, the information be quashed, otherwise Formatted: Indent: Left: 0.5", First line: 0.5"

the Honorable court will only be burdened by baseless


accusation not worthy of fuller examination.

PRAYER Formatted: Indent: Left: 0"

WHEREFORE, premises considered accused Cris Formatted: Justified, Indent: Left: 0"

Aliganga respectfully prays that the information be quashed


and the case be dismissed. Formatted: Font: Not Bold

Wherefore, premises considered, accused CRIS Formatted: Indent: Left: 0", First line: 0.5"

ALIGANGA respectfully prays that the INFORMATION Formatted: Indent: First line: 0.5"

be quashed and the case be dismissed.

Cebu City for Naga City , April 6, 2018.

A ACOSTA &ASSOCIATES
Accused’s Counsel
Unit 1606, 16 th Floor, Keppel Centre
Cardinal Rosales Avenue corner Samar Loop
Cebu Business Park
Cebu City, Philippines 6000
Telephone Number : 032 354 9908
Mobile Number: 0928 506 3466
Email: Abraham@AcostaLaw.phAbraham@AcostaLaw.ph Formatted: Default Paragraph Font, Font: +Body (Calibri),
11 pt, Not Expanded by / Condensed by , Pattern: Clear
Website: http//www.AcostaLaw.ph Formatted: Default Paragraph Font, Font: +Body (Calibri),
11 pt, Not Expanded by / Condensed by , Pattern: Clear
Formatted: No Spacing1, Centered
By:

ABRAHAM REY MONTECILLO ACOSTA


Roll of Attorneys No. 54441
IBP Lifetime No. 010415;Cebu City Chapter
PTR No. 177135; 3 January 2018;Cebu Province Formatted: No Spacing1, Indent: First line: 0", Pattern:
Clear

MCLE Compliance No.: V-0006387; 27 February 2015 Formatted: No Spacing1, Indent: First line: 0", Pattern:
Clear

And By : Formatted: Indent: First line: 0"


REGANT C. ESCABARTE
Roll of Attorneys No. 65295
IBP Membership 023625; 01-09-2018, Cebu City
PTR NO. 177560; 01-05-2018; Cebu City Formatted: No Spacing, Indent: First line: 0", Pattern:

MCLE Exempt (Passed 2015 BAR Examinations)REGANT


ESCABARTE Formatted: Font: Not Bold, Font color: Auto, Not Expanded
by / Condensed by , Pattern: Clear
Roll of Attorneys No.
IBP No.__________;Cebu City Chapter Formatted: No Spacing

PTR No. ________; __________ 2018;Cebu Province


MCLE Exempt Formatted: No Spacing, Indent: First line: 0", Pattern:
Clear
Formatted: Indent: First line: 0"

And By :
Formatted: Left

Formatted: Indent: First line: 0"

LUCILLE M. TEVES
Roll of Attorneys No.66995
IBP No.5622; January 05,2018 Cebu Chapter
PTR No.16726173; January 08,2018; Samboan Cebu
MCLE Exempt Formatted: Indent: First line: 0"

Formatted: Indent: First line: 0"

Notice of Hearing :

THE CLERK OF COURT


MTCC Naga, Cebu

Greetings !

Please set this case for hearing on 13 th of April at Naga, Cebu,


, 8:30 A.M

LUCILLE M.TEVES

Copy furnished:
Jeffrey C. Badilles
Office of the Prosecutor

Service and filing is done personal service. Formatted: Left

LUCILLE M. TEVES
Formatted: Indent: First line: 0"