Republic of the Philippines

Sixth Judicial Region

Regional Trial Court
Branch 5, Bacolod City

PEOPLE OF THE PHILIPPINES

Complainant, CRIM. CASE NO: 2022-0210
FOR: VIOLATION OF SEC. 5 (I)
OF R. A. 9262
-versus-

JESUS GARCIA y CHUA

Accused.
x-----------------------------------------------x

MOTION TO DISMISS

Accused, by his undersigned counsel and unto this Honorable Court, most
respectfully move for the dismissal of the above-captioned case on the ground that the
allegations in the complaint had already PRESCRIBED:

Section 24 of the Republic Act 9262 otherwise known as the

“Anti- Violence against Women and their Children Act of 2004”
provides for the prescriptive period within which to file an action for
violations of Sections 5 (a) to 5 (i) of the said special law. The
complainant in her complaint averred that the violation under Sec. 5
(i) was committed sometime in the month of November 2004.
Reckoned from the time of commission up to the filing of her
complaint on February 14, 2022, it clearly shows that eighteen (18)
long years had passed before the complainant opted to file charges
against the herein accused. Moreover, the prescriptive period for the
filing of an action for acts falling under Section 5 (i) of R.A. 9262 is
within ten (10) years only. For this reason, the action is barred by
PRESCRIPTION and must be DISMISSED.

WHEREFORE, it is respectfully prayed that the complaint be dismissed.

Other just and equitable reliefs are also prayed for.

Bacolod City, March 2, 2022.

Michelle C. Llaneta-Villamora
Counsel for the Accused
UNTIL DECEMBER 31, 2025
MCLE V24032
PTR No. 52401224: 3-27-24: N.C.
IBP No. 270427: 3-27-24:N.C.
Roll No. 030611: 1-14-24: Manila
 REQUEST FOR AND NOTICE OF HEARING

The Branch Clerk of Court

Regional Trial Court
Branch 5, Bacolod City

Please submit the foregoing Motion to the Court for its consideration and approval
immediately upon receipt hereof and kindly include the same in the courts calendar for
hearing on March 11, 2022 at 10:00 in the morning.

Michelle C. Llaneta-Villamora
Counsel for the Accused

Atty. Janelle Santibanez

Counsel for the Complainant
555 King Salmon Road
Bacolod City

Please take notice that the foregoing Motion will be submitted for consideration
and approval of the Honorable Court on March 11, 2022 at 10:00 in the morning or soon
thereafter as matters and counsel may be heard on notice.

Michelle C. Llaneta-Villamora
Counsel for the Accused

EXPLANATION ON SERVICE BY REGISTERED MAIL

Accused, by Counsel, respectfully manifest that due to lack of messengerial

personnel and with the imposition of restrictions by the IATF relative to the COVID-19
pandemic, time constraint and the distance involved, a copy of the foregoing Motion to
Dismiss was served by registered mail in accordance with Rule 14 Section 6 of the
Revised Rules of Civil Procedure.

Michelle C. Llaneta-Villamora
Counsel for the Accused
 Republic of the Philippines
Sixth Judicial Region
Regional Trial Court
Branch 5, Bacolod City

PEOPLE OF THE PHILIPPINES

Complainant, CRIM. CASE NO: 2022-0210
FOR: VIOLATION OF SEC. 5 (I)
OF R. A. 9262
-versus-

JESUS GARCIA y CHUA

Accused.
x-----------------------------------------------x

ENTRY OF APPEARANCE AS COUNSEL

The undersigned counsel most respectfully enters her appearance as Counsel for
the accused JESUS C. GARCIA, in the above-captioned case, with his express
conformity as indicated below.

It is respectfully requested that all Motions, Orders, Notices, Resolutions and other
processes of the Honorable Court be sent to my office address at 6F Succulent Bldg.,
Unit 888 Gym no Avenue, Bacolod City.

City of Bacolod, Philippines; March 3, 2022.

Michelle C. Llaneta-Villamora
Counsel for the Accused
UNTIL DECEMBER 31, 2025
MCLE V24032
PTR No. 52401224: 3-27-24: N.C.
IBP No. 270427: 3-27-24:N.C.
Roll No. 030611: 1-14-24: Manila

Conforme:

JESUS GARCIA
JESUS C. GARCIA
Accused
Copy furnished:

The Honorable Judge

Regional Trial Court
Branch 5, Bacolod City

Atty. Janelle Santibanez

Counsel for the Complainant
555 King Salmon Road
Bacolod City

EXPLANATION OF SERVICE BY MAIL

The undersigned Counsel most respectfully manifests that copies of the Entry of
Appearance as Counsel for accused, JESUS C. GARCIA, were served to the above-
named addresses by registered mail in lieu of personal service due to the present
restrictions of the IATF relative to COVID- 19 pandemic and lack of manpower because
of the 50% work-scheme.

Michelle C. Llaneta-Villamora
Counsel for the Accused