Motion to Quash Qualified Theft/Distinction from Carnapping

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Republic of the Philippines
REGIONAL TRIAL COURT
xxxxx Judicial Region
Branch xxxx
Cauayan City, Isabela

THE PEOPLE OF THE PHILIPPINES,
Plaintiff, Criminal Case No. xxxxx For: QUALIFIED THEFT
-versus-
MAxxxxxxxx
Accused.
x--------------------------------------x

MOTION TO QUASH

COMES NOW, the accused through the Public Attorney’s Office, by the undersigned counsel and unto this Honorable Court most respectfully moves for the quashal of the Information in the above-entitled case and in support thereof alleges:

1.That the accused has been indicted in two (2) Informations filed before the Honorable Court– for Violation of Anti-Carnapping Law in Criminal Case No. 7497 and Qualified Theft in Criminal Case No. 7496;

2.That the two charges arose out from a single incident and with single criminal intent which was the stealing or taking away without the knowledge and consent of the owner of one unit tricycle, which necessarily includes both the motorcycle and its sidecar, on single place and occasion, that is, on September 8, 2011 in the City of Cauayan, Isabela, Philippines and that the singularity of intent cannot be modified by the fact that the sidecar of the tricycle was subsequently detached from the motorcycle;

3.That under Rule 117, Section 3(f), of the Rules on Criminal Procedure, the accused may move to quash the complaint or information on the ground “that more than one offense is charged except when a single punishment for various offenses is prescribed by law”. Hence, this motion.

DISCUSSIONS/ARGUMENTS

4.In an Information for QUALIFIED THEFT filed by City Prosecutor Rudy J. Cabrera dated October 4, 2011 herein accused was indicted as follows:

The undersigned Prosecutor accuses MARISON DELOS SANTOS, of the crime of QUALIFIED THEFT, defined under Article 310 and penalized under Article 309, of the Revised Penal Code, committed as follows:

That on or about the 8th day of September 2011, in the City of Cauayan, Province of Isabela, Philippines, and within the jurisdiction of this Honorable Court, the said accused, did then and there willfully, unlawfully and feloniously, with intent to gain and without the knowledge and consent of the owner thereof, take, steal and carry away, the sidecar owned by Apolo Guray valued at more or less P25,000.00 without the knowledge and consent of the owner to the damage and prejudice of said Apolo Guray in the aforesaid amount P25,000.00.

That the accused committed the crime with grave abuse of confidence because he detached the sidecar from the motorcycle which was entrusted to him by the owner to drive under the so called “boundary system”.

CONTRARY TO LAW.

5.In Criminal Case No. 7497, herein accused is likewise indicted before the Honorable Court for VIOLATION OF THE ANTI-CARNAPPING ACT OF 1972 in an Information, the inculpatory portion of which reads:

That on or about the 8th day of September 2011, in the City of Cauayan, Province of Isabela, Philippines, and within the jurisdiction of this Honorable Court, accused, with intent to gain and without the knowledge and consent of the owner thereof, did then and there, willfully and unlawfully, take, steal and carry away a YAMAHA STX motorcycle with Plate No. 2460BV, owned by Apolo G. Guray, to the damage and prejudice of the said owner.

CONTRARY TO LAW.

6.A careful disquisition of the two Informations would however show that both charges arose out from a single incident and single criminal intent, on single place and occasion that is, the unlawful taking of the tricycle which necessarily includes both the motorcycle and its sidecar, on September 8, 2011 in the City of Cauayan, Isabela, Philippines. This contention finds support in the third paragraph of the Information for Qualified Theft...
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