REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION BRANCH 50

QUEZON CITY

PEOPLE OF THE PHILIPPINES,

Plaint iff,
CRIMINAL CASE No. Q-10-56789
- versus – Violation of Section 5, Article II Republic Act No. 9165
(Comprehensive Dangerous Drugs Act of 2002)
ROBIN LOPEZ PADILLA,
Accused

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MOTION TO QUASH INFORMATION

Accused Robin L. Padilla, by counsel, respectfully moves for the quashal of the Information dated 20 August 2010
issued by Assistant City Prosecutor Willie E. Revillame on the following ground:

PREFATORY STATEMENT

Commenting on the possible abuses that are prone to occur in a buy-bust operation the Supreme Court held in the
case of People vs. Ambih:
“While buy-bust operation is a recognized means of entrapment for the apprehension of drug pushers, it does not
always commend itself as the most reliable way to go after violators of the Dangerous Drugs Act as it is susceptible to
mistake as well as to harassment, extortion and abuse.”Accused is no drug pusher. The only reason he is now in the custody
of the police is because he was illegally arrested for reason she still cannot comprehend. Accused thus respectfully moves
for the Quashal of the Information dated 20 August 2010 issued by Assistant City Prosecutor Willie E. Revillame, on the
following ground:
THE COURT DID NOT ACQUIRE JURISDICTION
OVER THE PERSON OF THE ACCUSED AS THE ARREST WAS ILLEGAL.

1. In the present case, the prosecution asserts that the warrantless arrest of the accused Robin L. Padilla was the
result of a validly conducted buy-bust operation. They likewise claim that the arrest was performed after the accused
had been duly informed of his constitutional rights.
2. Contrary to the claim of the apprehending police officers that the warrantless arrest was the result of a valid buy-
bust operation, no actual buy-bust operation did in fact take place. As stated by the accused in his Counter-Affidavit,
members of the Philippine Drug Enforcement Agency (PDEA) broke into his house by breaking open the padlock
of his garage gate. Without introducing themselves as PDEA officers or presenting any warrant, 12-15 operatives
of the PDEA armed with high-powered firearms then stormed his home confiscating money, cellular phones and
other valuables from the persons of the accused and his visitors. The PDEA members then proceeded to haul off
various items from within the home of the accused.
3. The accused then recounts that the PDEA operatives then escorted him and his companion Richard G. Gomez to
a Red Toyota Revo, which then brought them to Camp Karingal. The accused and Richard G. Gomez were not
informed of their rights upon their arrest, as well as what offense they were being charged with.
4. The right of the people to be secure against unreasonable searches and seizures is an inviolable right protected by
the Constitution. As such no person may be validly arrested without the benefit of a warrant of arrest, except in the
specific instances provided by law. Any warrantless arrest done outside the specific instances provided by law are
thus deemed to be contrary to law and illegal.
5. The law as it presently stands, enumerates the instances when an warrant without warrant is valid in Section 5 of
Rule 113 of the Rules of Court, to wit:

Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest
a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense;
(b) When an offense has just been committed, and he has probable cause to believe based on personal knowledge
of facts or circumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he
is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred
from one confinement to another.
The enumeration contained in section 5 of Rule 113 of the Rules of Court being exclusive, any arrest without
warrant done outside of those specified in therein are deemed illegal.
 7. The accused Robin L. Padilla could not have been caught committing the crime in the presence of his arresting
officers, as he did not in fact sell any illegal drugs. Nor could the PDEA claim that they had personal knowledge
that a crime had been committed and that the accused had in fact committed it. This is simply because there was
no crime or valid buy-bust operation to speak of. Neither was the accused Robin L. Padilla a fugitive at the time
he was arrested. None of the instances for a valid arrest without warrant under the Rules of Court were present.
The arrest was thus illegal and as a consequence, the Court did not acquire jurisdiction over the person of the
accused. As such, the accused may move for the quashal of the information or complaint filed against him/her as
provided in the Rules of Court.
6. Thus considering that the only means, by which the court acquires jurisdiction over the person of an accused is
either by his/her arrest or voluntary appearance, the effect of an illegal arrest absent the voluntary appearance of
the accused is that the court does not acquire jurisdiction over his/her person.

There is no recourse left other than to quash the present information, as the court has not acquired jurisdiction over
the person of the accused.

PRAYER

WHEREFORE, considering the manifest illegality of the arrest of the accused Robin L. Padilla on 20 July 2010
and the consequent absence of jurisdiction by the court over the person of the accused, it is respectfully prayed that the
Information for Violation of Section 5 of Republic Act No. 9165, otherwise known as “The Comprehensive Dangerous
Drugs Act of 2002” , issued by Assistant City Prosecutor Willie E. Revillame on 20 August 2010 against the accused be
quashed.
Other just and equitable reliefs are likewise prayed for.

City of Manila for Quezon City, 17 September 2010.

ISRAEL SOGUILON
Counsel for Accused
20 TH
Floor SBC Plaza,Mendiola,City of ManilaBy:
Roll of Attorneys No. 12345
PTR No. 1234567; 01-05-2010; Pasig City
IBP No. 234567; 01-05-2010; Makati City

COPY FURNISHED:

THE BRANCH CLERK OF COURT

Regional Trial Court National Capital Judicial Region
Quezon City, Branch 100

THE HONORABLE ASSISTANT CITY PROSECUTOR

Office of the City Prosecutor
Hall of Justice, Quezon City

NOTICE OF HEARING

Greetings: Please take notice that the foregoing Motion will be submitted for the Court’s consideration and
resolution on 24 September 2010 at 8:30 a.m. or as soon thereafter as matter and counsel may be heard.

COPY FURNISHED:

THE BRANCH CLERK OF COURT

Regional Trial Court National Capital Judicial Region
Quezon City, Branch 100

THE HONORABLE ASSISTANT CITY PROSECUTOR

Office of the City Prosecutor
Hall of Justice, Quezon City