Republic of the Philippines

Second Judicial Region

RD
3 MUNICIPAL CIRCUIT TRIAL COURT
(TUMAUNI – DELFIN ALBANO)
Tumauini, Isabela

PEOPLE OF THE PHILIPPINES,

Complainant, CRIMINAL CASE NO. 3787

For: “VIOLATION OF RA
-versus- No.11332”

PROMELITO ACOB y GALUT, ET.

AL,
Accused.
x-------------------------------------------x

MOTION TO QUASH
(On the ground that the facts alleged in the Information do not
constitute as an offense)

ACCUSED, PROMELITO ACOB y GALUT, REYNELL ACOB y

TABUBUCA, JUDE VINCENT BANIQUED y CALAUIT, SYDNEY ROM
PEREDA y BERNARDO, EDDIE LITO CUBANGBANG y ORCINO, RODANTE
GAMAS y TANGONAN, JULIUS DELOS SANTOS y LALANTAN and ROLLY
ACOB y CALUMBIT, by the undersigned counsel, unto this Honorable Court,
most respectfully avers THAT:

1. That accused were charged with Violation of R.A. No. 11332,

docketed as Criminal Case No. 3787, pending before the Honorable Court of 3rd
MCTC, Tumauini, Isabela;

2. That the charge is base from the allegations that accused loitered
and was outside of their house playing card games in Delfin Albano Isabela,
sometime on July 08, 2020 while the province of Isabela is strictly
monitoring/implementing Modified General Community Quarantine (MGCQ);

3. That the aforesaid violation does not constitute violation of R.A. No.
11332. The prohibited acts in the aforesaid law states:

“Section 9. Prohibited Acts. -The following shall be prohibited under this

Act:

(a) Unauthorized disclosure of private and confidential

information pertaining to a patient’s medical condition or treatment;

(b) Tampering of records or intentionally providing

misinformation;

(c) Non-operation of the disease surveillance and response

systems;

1
 (d) Non-cooperation of persons and entities that should
report and/or respond to notifiable diseases or health events of
public concern; and

(e) Non-cooperation of the person or entities identified as

having the notifiable disease, or affected by the health event of
public concern.

4. Loitering outside one’s house and non observance of social

distancing does not qualify as “Non-cooperation of the person or entities
identified as having the notifiable disease, or affected by the health event of
public concern”.

5. The term non-cooperation as basis for the charge is the act of the
accused in going outside their residence. This specific action does not constitute
or at the very least contemplate the prohibited act under Section 9(e) of RA
11332. While such act illustrates defiance to the directive to observe the MGCQ,
such act does not constitute Violation of Section 9(e) of RA 11332.

6. Thus, it is therefore proper for the Honorable Court to outrightly

dismiss the instant Information for utter lack of merit.

PRAYER

WHEREFORE, foregoing premises considered, it is most respectfully

prayed unto this Honourable court to GRANT herein Motion to Quash Information
dated July 09, 2020 against PROMELITO ACOB y GALUT, REYNELL ACOB
y TABUBUCA, JUDE VINCENT BANIQUED y CALAUIT, SYDNEY ROM
PEREDA y BERNARDO, EDDIE LITO CUBANGBANG y ORCINO, RODANTE
GAMAS y TANGONAN, JULIUS DELOS SANTOS y LALANTAN and ROLLY
ACOB y CALUMBIT.

ACCUSED further prays for such other reliefs that are just and equitable
under the premises.

Cabagan, Isabela. July 28, 2021.

Assisted by:

DEPARTMENT OF JUSTICE
Public Attorney’s Office
Cabagan District Office
Cabagan, Isabela

NICANOR G. GARCIA
District Public Attorney
Cabagan, Isabela

MARICION B. CAPILI-GUINGAB
Public Attorney II

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 NOTICE OF HEARING

THE HON. CLERK OF COURT

MCTC Tumauini

PROS. JOHANS S. GONZAGA

Office of the Provincial Prosecutor
Ilagan City, Isabela

GREETINGS:

Please take notice that the undersigned requested the Honourable Branch
Clerk of Court to include the foregoing motion in the calendar of cases of this
Honourable Court for hearing preferably on July 29, 2021 at 9:00 in the morning.

ATTY. MARICION B. CAPILI-GUINGAB

Copy Furnished:

PNP - TUMAUINI, ISABELA

Brgy. District 2, Tumauini, Isabela

PROS. JOHANS S. GONZAGA

Office of the Provincial Prosecutor
Ilagan City, Isabela