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Republic of the Philippines

12th Judicial Region


Province of Sultan Kudarat
MUNICIPAL TRIAL COURT IN CITIES
Tacurong City
THE PEOPLE OF THE
PHILIPPINES,
Plaintiff,
-versusDOMINADOR S. GABAON
ROMMEL V. GABAON

CRIMINAL CASE NO. 0410


-forDIRECT ASSAULT UPON
AN AGENT OF PERSON
IN AUTHORITY

Accused,
X----------------------------X

MOTION TO DISMISS
INFORMATION
ACCUSED, through the undersigned counsel, unto this
Honorable Court, most respectfully submit this MOTION TO
DISMISS INFORMATION, anchored on the ground of denial
of their statutory1 and constitutional right to speedy trial
and speedy disposition of cases, stating that:
1.
The information of this case was filed on May 17
2011 and On June 02, 2011 Accused filed a Motion to
Quash Information on the ground that the facts
charged do not constitute the offense. A comment on
the Motion to Quash was subsequently filed by the
government prosecutor on June 15, 2011;
2.
As of this date, however, after the lapse of almost
Eighteen (18) months counted from the filing of the
1

Republic Act 8493

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prosecutions comment, the Motion to Quash is yet to


be resolved, hence, up and until this date the Accused
are yet to be arraigned. The long period of delay is
conspicuously unreasonable and becomes more
vexatious and oppressive to both Accused as they
continue to pay the interest in the amount they loaned
to come up with the cash bond for their provisional
liberty;
3.
Under Section 7 of Republic Act 8493, entitled as
An Act to Ensure a Speedy Trial of All Criminal
Cases Before the Sandiganbayan, Regional Trial
Court, Metropolitan Trial Court, Municipal trial
Court,
Municipal
Circuit
Trial
Court,
Appropriating Funds Therefor, and for Other
Purposes, the arraignment of an accused shall be held
within thirty (30) days from the filing of the
information, or from the date the accused has
appeared before the justice , judge or court in which
the charge is pending, whichever date last occurs;
4.
R.A. 8493 provided exclusions in the computation
of time from the filing of information and Arraignment
in section 10 thereof, and the Filing of Motion to Quash
Information falls either under Section 10 paragraph (a),
subparagraph (4) delay resulting from hearings on
pre-trial motions: Provided, that the delay does not
exceed thirty (30) days, or, Section 10 paragraph (a),
subparagraph (7) delay reasonably attributable to
any period, not to exceed thirty (30) days, during
which any proceeding concerning the accused is
actually under advisement. Both circumstances
allowing exclusions of time allow only a maximum
period of thirty (30) days of delay;
5.
The same law provides a remedy if an accused is
not brought to trial within the time limit required in
section 7 thereof, the information shall be dismissed on

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motion of the accused, thus, the instant Motion to


Dismiss Information.
WHEREFORE, based on the foregoing considerations,
for violation of Accused constitutional and statutory right to
speedy trial and speedy disposition of cases, we PRAY before
this Honorable Court for the DISMISSAL of the information
and for such other reliefs, just and equitable under the
premises.
January 14, 2013, Tacurong City, Philippines.

JOHN ALBERT S. SOLANO


Roll No. 56195
Public Attorney I
IBP No. 847451
PTR Exempt under RA 7160
MCLE Compliance No.0021734

NOTICE OF HEARING

The Clerk of Court


Municipal Trial Court in Cities
Tacurong City
Dear Madam:
G r e e t i n g s:
Upon receipt hereof, please submit and set the
hearing of the foregoing motion for the consideration and
approval of the Honorable Court. Thank You.
JOHN ALBERT S. SOLANO
Public Attorney I
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Copy furnished:
PROS. RENATO CONSEBIT
City Prosecutor
Tacurong City

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