Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Third Judicial Region
Science City of Muñoz, Nueva Ecija
-o0o-

THE PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- CRIM. CASES NOS. 9438, 9439,

9440, 9441, 9442, & 9443
For: Unjust Vexation

PATRICIO JUICO, JR.,

Accused.
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MOTION TO DISMISS

and/or

MOTION TO QUASH

ACCUSED, by himself and to this Honorable Court, most respectfully

moves for the dismissal of the above-entitled cases and/or the quashal of the
information based on the following ground:

1. The Office of the Public Prosecutor of the Science City of Munoz,

Nueva Ecija failed to remand the case to the Barangay for
compliance with the mandatory requirement of the Katarungang
Pambarangay Law and the Local Government Code of 1991.

2. The Local Government Code provides that all disputes are subject
to Barangay conciliation pursuant to the Revised Katarungang
Pambarangay [ formerly P.D. 1508, repealed and now replaced by
Secs. 399-422, Chapter VII, Title I, Book III and Sec. 515, Title I,
Book IV, R.A 7160 ] and prior recourse thereto is a pre-condition
before filing a complaint in court or any government offices, save
for some exceptions wherein the above-entitled cases are were not
covered. Article 287, paragraph 2 provides the any other coercions
or unjust vexations shall be punished by arresto menor or a fine
ranging from 5 to 200 pesos, or both. Clearly the above-entitled
cases are within the jurisdiction of the Barangay.

3. The Office of the City Prosecutor took cognizance of the case even
without the required Certificate to File Action from Barangay San
 Antonio, Science City of Munoz, Nueva Ecija wherein all of the
parties resides.

4. As to the manifestation of Public Prosecutor Gerald Dela Cruz that

the case filed was originally for Direct Assault and was
downgraded to Unjust Vexation, still the Investigating Prosecutor
after investigation should have remanded the case to the Barangay
to comply with the mandatory requirement of the Katarungang
Pambarangay. Complainants have to the tendency or are
intentionally filing graver offenses so as to get away from
complying with the said requirement so that they can file the case
directly to the Office of the City Prosecutor. This is definitely a
circumvention of the law.

5. Accused is also taking this opportunity to manifests to this

Honorable Court that the Information filed against him is defective
and erroneous. It is clear from the statement of the accused that he
directed his joke only to complainant Kagawad Pasardan but not to
all of the complainants. This is not in consonance with the one act-
one crime principle except when the crime committed is
complexed or compounded. In the cases at bar, if the joke has been
considered vexing then one crime has only been committed against
one (1) of the complainants and not to all of them.

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that the instant cases be dismissed and/or the criminal
information be quashed based on the above reasons.

PATRICIO JUICO, JR.

Accused

THE CLERK OF COURT

Municipal Trial Court in Cities
Science City of Muñoz, Nueva Ecija

HON. GERALD DELA CRUZ

Assistant City Prosecutor
Science City of Muñoz, Nueva Ecija

G R E E T I N G S :

Please submit the foregoing motion for the consideration of this

Honorable Court and set if for hearing on May 17, 2016 at 2:00 o’clock in
the afternoon.

PATRICIO JUICO, JR.,