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-forROBBERY WITH
INJURIES
SERIOUS PHYSICAL
ARGUMENTS
The Amended Information
is
defective,
the
facts
charged do not constitute an
offense.
----------------------------------5. The mode by which the accused assails the validity of
criminal information filed against them for insufficiency on its
face in point of law, or for defects which are apparent in the face
of the information.
6. It is axiomatic that a complaint or information must state
every single fact necessary to constitute the offense charged;
otherwise, a motion to quash on the ground that it charges no
offense may be properly sustained. The fundamental test in
considering a motion to quash on this ground is whether the facts
alleged, if hypothetically admitted, will establish the essential
elements of the offense as defined in the law.
7. The accused-movants, most respectfully submit that the
facts charged do not constitute an offense for the reason that the
crime of Robbery with Serious Physical Injuries requires the
following elements (a) that there is personal property belonging
to another; (b) that there is unlawful taking of that property; (c)
that the taking is with intent to gain; and (d) that there is
violence against or intimidation of persons or force upon things;
and (e) that in consequences of the injuries inflicted, lost the use
of speech or the power to hear or to smell, or shall have lost an
eye, a hand, a foot, an arm or a leg or shall have lost the use of
any of such member, or shall have become incapacitated for the
work in which she was therefore habitually engaged.
Consequently, the jurisdiction over the offense charged cannot be
determined on the basis of recitals of facts in the information.
NOTICE OF HEARING
The Branch Clerk of Court
Branch 9, RTC-Bulacan
Greetings:
Please take notice that the foregoing Motion for shall be
submitted for the consideration and approval of the Honorable
Court on Tuesday, 26 September 2014 at 4:00 oclock in the
afternoon or such other time and date most convenient to this
Honorable Court without further arguments.