sic itur ad astra

                             Motion to Quash, Motion to Dismiss | Criminal Procedure Facts: Respondent-spouses Edgardo and Nelia Aguinaldo filed a complaint against petitioner Artemio T. Torres, Jr. for falsification of public documents. They alleged that titles to their properties were transferred without their knowledge through a forged deed of sale. Torres denied the forgery and claimed that Aguinaldo sold the properties to him with a different deed of sale. The Office of the City Prosecutor recommended filing charges against Torres, which were filed before the Metropolitan Trial Court. Torres's motion for reconsideration was denied. On appeal, the Secretary of Justice reversed the findings and ordered the withdrawal of the charges. Aguinaldo's motion for reconsideration was also denied. The Metropolitan Trial Court granted the motion to withdraw the information. Aguinaldo filed a petition for certiora...

                              Motion to Quash | Criminal Procedure Facts: The petitioner, Odon Pecho, and Jose Catre were charged with the violation of Section 3 (e) of R.A. No. 3019, also known as the Anti-Graft and Corrupt Practices Act. The charges were related to an alleged fraudulent importation scheme involving misdeclaration of goods and evasion of taxes and duties. The petitioner filed a motion for reconsideration, citing various grounds including the invalidity of the information, failure of the prosecution to prove guilt beyond reasonable doubt, and the non-existence of the crime charged. The Sandiganbayan denied the petitioner's motion for reconsideration, stating that the decision was supported by proof beyond reasonable doubt. The Office of the Solicitor General agrees with the petitioner that the prosecution failed to prove the elements of the crime and recommends his acquittal but suggest...

                                Motion to Quash, Authority | Criminal Procedure Facts: Girlie M. Quisay filed a motion to quash the information filed against her for violation of Republic Act No. 7610 (Special Protection of Children Against Abuse Exploitation and Discrimination Act) due to lack of authority of the person who filed it. The Office of the City Prosecutor of Makati City issued a resolution finding probable cause against petitioner. Petitioner argued that the Pasiya (resolution) and Pabatid Sakdal (information) did not show prior written authority or approval from the City Prosecutor for the filing of the information. In support of her motion, petitioner pointed out that the Pasiya issued by the OCP-Makati was penned by Assistant City Prosecutor Estefano H. De La Cruz (ACP De La Cruz) and approved by Senior Assistant City Prosecutor Edgardo G. Hirang (SACP Hirang), while the Pabatid Sa...

                               Motion to Quash | Criminal Procedure Facts: The petitioner, Hermilo v. Rodis, Sr ., former President of the Philippine Underwriters Finance Corporation (PHILFINANCE), was charged with five counts of violation of Section 3(b) of Republic Act No. 3019 (Anti-Graft and Corruption Practices Act) before the Sandiganbayan. On May 31, 1985, the petitioner filed a motion to quash the charges against him based on the lack of preliminary investigation . He also requested a reinvestigation by the Tanodbayan. The prosecution opposed the motion, stating that lack of preliminary investigation is not a valid ground for quashing the charges and advised the petitioner to file a petition for reinvestigation with the Tanodbayan. While the petitioner's petition for reinvestigation was pending, the Sandiganbayan denied his motion to quash on July 15, 1985, stating that lack of preliminary in...

                              Motion to Quash | Criminal Procedure Facts: In 2000, the Office of Special Investigation (OSI) of the Bangko Sentral ng Pilipinas (BSP) transmitted a letter to the Chief State Prosecutor of the Department of Justice (DOJ) containing five affidavits alleging criminal charges against Hilario P. Soriano. The affidavits accused Soriano, the president of Rural Bank of San Miguel (Bulacan), Inc. (RBSM), of estafa through f alsification of commercial documents and violation of the DOSRI (Directors, Officers, Stockholders, and Their Related Interests) law. State Prosecutor Albert R. Fonacier conducted a preliminary investigation based on the letter and filed two separate informations against Soriano before the Regional Trial Court (RTC) of Malolos, Bulacan. The first information charged Soriano with estafa through falsification of commercial documents , alleging that he falsified ...

                            Motion to Quash | Criminal Procedure Facts: Socorro D. Ramirez filed a civil case against Ester S. Garcia, alleging that the private respondent vexed, insulted and humiliated her in a confrontation in the latter's office. Ramirez presented a verbatim transcript of the event, based on a tape recording she made. She sought damages, attorney's fees, and other expenses in the civil case in the amount of P610,000.00 . As a result, Garcia filed a criminal case against Ramirez for violating Republic Act No. 4200, which prohibits wiretapping and related violations of private communication. Ramirez filed a motion to quash the information, arguing that the facts charged did not constitute an offense under the law. The trial court granted the motion, but the Court of Appeals overturned the decision, stating that the allegations were sufficient to constitute an offense under the law. Ram...