Republic of the Philippines

FOURTH JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 90
Dasmarinas City, Cavite

PEOPLE OF THE PHILIPPINES

Plaintiff,

-Versus-
Criminal Case No. CC – 032020-XD
FOR : ACTS OF LASCIVIOUSNESS

ALANO KORTOM
Accused
x------------------------x

MOTION TO QUASH INFORMATION

Comes now accused Alano Kortom by the undersigned
counsel and unto this Honorable Court respectfully submits:

1. That from the facts presented by the private complainant

including the resolution prepared and released by the Honorable
City Prosecutor of Jordan, Guimaras, the accused herein move
for the quashal of the information on the ground that:
“That the criminal action or liability has been
extinguished.”

2. That accused submits that a complaint or information must state

every single fact necessary to constitute the offense charged.
From the 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. That given those circumstance, it is
but only proper that at this stage the prosecution should be shut
off lead the Honorable Court will only be burdened by baseless
accusation not worthy of a fuller examination.

3. The private complainant in his complaint affidavit accuses the

accused in this case for “Acts of Lasciviousness” for touching her
butt, grabbing her from behind and pushing his penis against
her. Meanwhile the CCTV footage of the elevator shows that
private complainant was on the left side of the elevator, and the
accused upon entering, positioned himself on the opposite side
but upon realizing that there was splattered vomitus covering the
right side of the elevator where he was standing, he moved to the
other side and stood behind the private complainant.

4. That accused merely lost his balance which resulted to him

getting lightheaded as he was exposed to long hours of field work
prior to the incident. The elements of acts of lasciviousness
punishable under Article 336 of the Revised Penal Code are as
follows.

1
 1. That the offender commits any acts of lasciviousness or
lewdness;
2. That it is done by using force or intimidation or when the
offended party is under 12 years of age; and
3. That the offended party is another person of either sex (Pp vs
Ramos G.R. No. 138545-46 April 16, 2002)

5. That the crime of acts of lasciviousness entails that the acts of

the accused constitutes lewd design. The presence or absence of
lewd designs is inferred from the nature of the acts themselves
and the environmental circumstances. What is or what is not
lewd conduct, by its very nature, cannot be pigeonholed into a
precise definition (Pp vs Ladra G.R. No. 221443 July 17, 2017).

6. All told, the accused herein respectfully submits that since the
facts accrued by the private complainant do not at all show
criminal liability and the resolution of the City prosecutor taking
its whole context does not admit that the crime of acts of
lasciviousness was committed. If is therefore but imperative that
the information be quashed not only for lack of probable cause
but clearly the facts as shown does not constitute an offense.

Wherefore, it is most respectfully beseeched of this Honorable

Court that the above arguments be considered and the case
dismissed since the facts charged do not constitute an offense.

Respectfully Submitted,

Alano Kortom
Accused

Copy furnished;

Christine C. Chavez
Office of the Provincial Prosecutor, Jordan, Guimaras