REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

7TH Judicial Region
City of Dumaguete
Branch 1

PEOPLE OF THE PHILIPPINES, Criminal Case No:_____

Plaintiff, For: Grave Threats

-versus-

ROLANDO C. DOMINGO
Accused,
x---------------------------------------------------x

MOTION TO QUASH INFORMATION

ACCUSED,ROLANDO C. DOMINGO, by counsel and unto this Honorable Court, most

respectfully move to quash the information filed against the accused on the following
grounds:

PREFATORY STATEMENT

The Rules of Court, Rule 117 sec.3(c) provides that “The accused may move to quash
the complaint or information on any of the following grounds: … (c) That the court trying
the case has no jurisdiction over the person of the accused.

Jurisdiction over the person of the accused may be acquired either through compulsory
process, such as warrant of arrest, or through his voluntary appearance, such as when
he surrenders to the police or to the court. (Pete M. Pico vs. Alfonso V. Combing, Jr.,
A.M. No. RTJ-91-764, November 6, 1992).
The accused must be present at the arraignment and must personally enter his plea (Sec.
1[b], Rule 116, Rules of Court).

GROUND

A. LACK OF JURISDICTION OVER THE PERSON OF THE ACCUSED.

DISCUSSIONS AND ARGUMENTS

As a general proposition, one who seeks an affirmative relief is deemed to have submitted
to the jurisdiction of the court. It is by reason of this rule that we have had occasion to
declare that the filing of motions to admit answer, for additional time to file answer, for
reconsideration of a default judgment, and to lift order of default with motion for
reconsideration, is considered voluntary submission to the court’s jurisdiction. (Prudential
Bank vs. Magdamit, G.R. No. 183795, November 12, 2014)
Voluntary Appearance, however, is tempered by the concept of conditional appearance,
such that a party who makes a special appearance to challenge, among others, the
court’s jurisdiction over his person cannot be considered to have submitted to its authority

In the case at bar there is no showing, nor any evidence that indicate that this Honorable
Court has already acquired jurisdiction over the person of the accused. Additionally,
records show that this Honorable Court has yet issued a warrant of arrest or that the
accused has voluntarily appeared or submitted to the court.

Thus, the court cannot yet proceed with arraignment for the sole reason that jurisdiction
over the accused has not yet been acquired.

PRAYER

WHEREFORE, in view of all the foregoing, it is most respectfully prayed that the
information be quashed on the ground of lack of jurisdiction over the person of the
accused as provided for under Rule 117 Sec. 3 Par. (c) of the Rules of Court.

Other reliefs just and equitable are likewise prayed for.

Dumaguete City, September 6, 2019.

ATTY. JANE C. ALBINA

Room 100, Portal West Building
Silliman Avenue, Dumaguete City.
PTR No. 01234; 1/4/2019
IBP No. 56789; 1/4/2019
Roll of Attorneys No. 11111
MCLE Compliance No. 22222; 1/4/2019

NOTICE OF HEARING, EXPLANATION AND COPY FURNISHED:

Hon Gratian Tidor

Assistant City Prosecutor
Dumaguete City, Negros Oriental
 NOTICE OF HEARING

Greetings:
Please take note that this Motion to Quash will be submitted for the consideration
of this Honorable Court on September 9, 2019.

ATTY. JANE C. ALBINA