Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

10th Judicial Region
Malaybalay City

PEOPLE OF THE PHILIPPINES CRIM. CASE NO. 6146-20

Plaintiff,
For: VIOLATION OF
-versus- ARTICLE 350 OF RPC

SWEETCHER MAE CALONIA

Accused
x------------------------------------------x

MOTION TO QUASH

ACCUSED, assisted by counsel to this Honorable Court most

respectfully moves to quash the information on the above-entitled
case on the ground that the Information does not substantially
conform the prescribed form1.

Section 6, Rule 110 of the Rules on Criminal Procedure defines

the sufficiency of information, to wit:

Section 6. Sufficiency of complaint or information. — A complaint or

information is sufficient if it states the name of the accused; the
designation of the offense given by the statute; the acts or omissions
complained of as constituting the offense; the name of the offended
party; the approximate date of the commission of the offense; and
the place where the offense was committed.

When an offense is committed by more than one person, all of them

shall be included in the complaint or information. (underscore
supplied)

The offense charged, violation of Article 350 of the Revised

Penal Code (Marriage contracted against the provisions of laws) is a
felony committed by the parties contracting the unlawful marriage.
Perforce, herein accused may not be solely prosecuted for the offense
and leave Javier Garza the other party unscathed by the fact that he is
the private complainant. Absent of showing that private
complainant’s consent to the supposed illegal marriage was obtained
1
Section 3(e), Rule 117, Rules on Criminal Procedure

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by means of violence, intimidation or fraud, he ought to be
impleaded in this instant indictment to meet the sufficiency of the
Information required under the above cited proviso.

WHEREFORE, it is most respectfully prayed to this Honorable

Court that after due notice and hearing, an Order be issued
dismissing the instant case for failure of the Information to
substantially conform the prescribed form.

Other reliefs in accord with law and equity are also sought.

Done this 18th day of August 2020 in Don Carlos for Malaybalay
City, Bukidnon.

ATTY. FLORENTINE T. GARAY

Counsel for the Accused
Roll No. 65136; IBP Lifetime No. 015158
PTR No. 9763674, 01-06-2020; TIN-199-588-890
MCLE Compliance: VI - 0001711

F. T. Garay Law Office

Door 2, FS Garay Bldg., Sayre Highway,
Don Carlos, Bukidnon 8712
Mobile No. 09177192662
Email address: ftgaray@gmail.com

Copy furnished by personal service to:

OFFICE OF THE CITY PROSECUTOR

Hall of Justice
Malaybalay City, Bukidnon

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