REPUBLIC OF THE PHILIPPINES

Province of Isabela
REGIONAL TRIAL COURT
Branch ____
Isabela

PEOPLE OF THE PHILIPPINES, CRIM. CASE No. 2017-4098

For: Violation of Sec. 28 (a) in

-versus- relation to paragraph e (1) of
Republic Act 10591

JOSELITO A. RIZAL
Accused.
X---------------------------------------------X

MOTION TO QUASH

ACCUSED, unto this Honorable Court respectfully moves to

quash the Information on the abovementioned case and in support
thereof, states:

1. The Office of the Provincial Prosecutor filed an Information

before this Honorable Court charging the accused of Violation of
Paragraph (a) in relation to paragraph e (1) of Section 28 of Republic
Act 10591, which provides as follows:

“INFORMATION

The Provincial Prosecutor of Isablea through the

undersigned, accuses _______________ Violation of Paragraph (a) in
relation to paragraph e (1) of Section 28 of Republic Act 10591 or the
Comprehensive Firearms and Ammunition Regulation Act, ( Unlawful
Possession of Firearms and Ammunitions)” committed as follows:

That on or about May 8, 2018, in the Municipality Carmen,

Province of Isabela, Philippines and within the jurisdiction of
this Honorable Court, the above-named accused, did then and
there willfully, unlawfully and feloniously have in his
possession, custody and control one (1) homemade 12 gauge
long barreled shotgun loaded with one (1) live ammunition
inside its chamber, which firearm belonged to “Small Arms
Category”, without any license from the proper authorities to
possess and/or own the same.
CONTRARY TO LAW.
 Isabela City, Philippines, May 9, 2018.”

However, another Information was filed simultaneously,

arising from the same incident, before the same court charging
the accused of Violation of Section 261 (q) of BP 881 (The
Omnibus Election Code) as amended, in relation to COMELEC
Resolution No. 10246 (Violation of COMELEC Gun Ban), to wit:

“INFORMATION

The Provincial Prosecutor of Isabela through the

undersigned, accuses _____________ for Violation of Section
261 (q) of BP 881 (The Omnibus Election Code) as amended, in
relation to COMELEC Resolution No. 10246 (Violation of
COMELEC Gun Ban) committed as follows:

That on or about May 8, 2018, in the Municipality of

Carmen, Province of Isabela, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused,
did then and there willfully, unlawfully and feloniously have in
his possession, custody and control one (1) homemade 12
gauge long barreled shotgun loaded with one (1) live
ammunition inside its chamber, which he carried outside his
residence without first obtaining the necessary exemption or
authority from the Commission on Elections.

CONTRARY TO LAW.

Isabela City, Philippines, May 9, 2018.”

GROUND FOR QUASHAL OF INFORMATION:

1. That the facts charged in the Information do not

constitute an offense; and

Based on the above-cited Information, accused was being

charged of two separate offenses, i.e., Violation of Republic Act
10591 and Violation of Commission on Election (COMELEC)
Resolution No. 10246. However, Sec, 29, of R.A. 10591 had the
following provision in the use of a loose firearm, to wit:

“Sec. 29. Use of Loose Firearm in the Commission of a

Crime. – The use of a loose firearm, when inherent in the
commission of a crime punishable under the Revised
Penal Code or other special laws, shall be considered as
an aggravating circumstance: Provided, That if the crime

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 committed with the use of a loose firearm is penalized by the
law with a maximum penalty which is lower than that
prescribed in the preceding section for illegal possession of
firearm, the penalty for illegal possession of firearm shall be
imposed in lieu of the penalty for the crime charged. x x x”
(Emphasis supplied.)

Hence, in the Information for Violation of Republic Act 10591, it

is blatantly obvious that the use of the alleged firearm was inherent
in the other crime - Violation of Comelec Resolution No. 10246, filed
against the accused and docketed as Criminal Case No. 2018-8618
before this court.

Considering that the Information for Violation of Republic Act

10591 was filed and lacked the element of “no other crime was
committed” when there is another Information charged against the
accused allegedly using the said firearm in another case, which is
inherent, the accused should no longer be charged with Violation of
Republic Act 10591.

Further, since this case lacked the element of “no other crime
committed”, the Information filed against the accused violates his
paramount Constitutional right of being informed of the nature and
cause of the accusation against him as the allegations in the said
Information is not sufficient for him to properly enter his plea.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed for

that the Information for Sec. 28 (a) in relation to e (1) of Republic
Act No. 10591 filed before this Honorable Court be quashed on the
ground aforementioned.

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

Carmen, Isabela – January 31, 2019.

MA. JESUSA MORENA

Roll No.: 12345
IBP No.12345
MCLE Comp. No. 12345

The Clerk of Court

RTC Branch ____
Carmen, Isabela

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GREETINGS:

Please take notice that the foregoing Motion Quash shall be submitted for
the consideration and approval of the Honorable Court on February 13, 2019 at
2:00 in the afternoon or upon the convenience of the Court.

MA. JESUSA MORENA

HON. RAMON RAPUNZEL
Assistant Provincial Prosecutor
Isabela Hall of Justice
Carmen, Isabela

GREETINGS:

Please take notice that the foregoing Motion to Quash shall be submitted
for the consideration and approval of the Honorable Court on February 13, 2019
at 2:00 in the afternoon or upon the convenience of the Court.

MA. JESUSA MORENA