Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

11th Judicial Region
Branch 3
Davao City

PEOPLE OF THE PHILIPPINES, Crim. Case No. 121 387-C-2005

- versus -

For: Viol. of Section 5(e) of RA 9211

Accused,
x - - - - - - - - - - - - - - - - - - - - - - -/

URGENT OMNIBUS MOTION TO REVIVE

THE CASES AND TO SET FOR EARLY
TRIAL WITH MOTION TO QUASH
INFORMATION
Accused, __________________, unto the Honorable Court,
respectfully states THAT:

1. Accused has pending case before this Honorable Court but the same was
archived on the ground the accused was still at large as per order dated
March 27, 2006;

2. Accused is still facing a different offense pending before Regional Trial

Court - Branch 17 for Violation of RA 9165 that prohibits his attendance
before this Honorable Court;

3. He further prays that at the time of the revival of his case, court
processes and subpoena be issued and delivered at the Davao City Jail –
Maa Davao City;

4. Accused-movant have not been arraigned in the case pending before this
Honorable Court;

5. Additionally, accused further prays after this case has been revived that
the same be dismissed on the ground that the crime was already
prescribed as it was filed out of time;

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6. The offense charged carries only fines for its penalties:

SECTION 32. Penalties.—The following penalties shall apply:

a. Violation of Sections 5 and 6.—On the first offense, a fine of not

less than Five hundred pesos (Php500.00) but not more than One
thousand pesos (Php1,000.00) shall be imposed.

On the second offense, a fine of not less than One thousand pesos
(Php1,000.00) but not more than Five thousand pesos
(Php5,000.00) shall be imposed.

On the third offense, in addition to a fine of not less than Five

thousand pesos (Php5,000.00) but not more than Ten thousand
pesos (Php10,000.00), the business permits and licenses to operate
shall be cancelled or revoked1.

7. Furthermore, Act 3326 provides for the prescription of the offenses

committed in violation of special laws:

Section 1. Violations penalized by special acts shall, unless

otherwise provided in such acts, prescribe in accordance with the
following rules: (a) after a year for offenses punished only by a fine
or by imprisonment for not more than one month, or both;

x-x-x-x

Section 2. Prescription shall begin to run from the day of the

commission of the violation of the law, and if the same be not
known at the time, from the discovery thereof and the institution of
judicial proceeding for its investigation and punishment.

The prescription shall be interrupted when proceedings are

instituted against the guilty person, and shall begin to run again if
the proceedings are dismissed for reasons not constituting
jeopardy.

8. In the above-captioned case, the alleged offense was allegedly committed

on July 6, 1999 and was only filed on May 16, 2005 or almost 6 years
already, hence, the offense was filed out of time thus, it has already
prescribed.

WHEREFORE, premises considered, it is most respectfully prayed that

an ORDER be issued reviving this instant case and be set for earlier trial
dates.

And that after hearing on this motion, information be quashed on the

ground that the offense has already prescribed.

Other reliefs, just and equitable, are also prayed for.

Davao City Philippines, October 18, 2018.

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Section 32 RA 9211

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 NOTIFICATION

Branch Clerk of Court

Municipal Trial Court in Cities – Branch 3
Davao City

Prosecutor II
City Prosecutors Office
Davao City

GREETINGS!

GREETINGS!

Please submit the foregoing Motion for the consideration and approval of the
Honorable Court on October 26, 2018 at 8:30 a.m. or soon thereafter as the
calendar of the Court shall allow.

Copy furnished: