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    Motion To Quash PP V Bautista

    Uploaded by

    Joan Cariga
    The motion seeks to quash the information charging the accused with violating RA 11332 for failing to specify which prohibited act was committed. The law prohibits the unauthorized disclosure of patient information, tampering with records, failure to operate disease surveillance systems, and failure to cooperate with disease reporting. However, the information does not state which of these acts was allegedly committed by the accused. As such, the accused are not properly informed of the offense charged against them in violation of their rights. The motion prays that the information be quashed.

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    © All Rights Reserved
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    Motion To Quash PP V Bautista

    Uploaded by

    Joan Cariga
    176 views2 pages
    The motion seeks to quash the information charging the accused with violating RA 11332 for failing to specify which prohibited act was committed. The law prohibits the unauthorized disclosure of patient information, tampering with records, failure to operate disease surveillance systems, and failure to cooperate with disease reporting. However, the information does not state which of these acts was allegedly committed by the accused. As such, the accused are not properly informed of the offense charged against them in violation of their rights. The motion prays that the information be quashed.

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    Motion to Quash

    Original Title

    Motion-to-Quash-Pp-v-Bautista

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    The motion seeks to quash the information charging the accused with violating RA 11332 for failing to specify which prohibited act was committed. The law prohibits the unauthorized disclosure of patient information, tampering with records, failure to operate disease surveillance systems, and failure to cooperate with disease reporting. However, the information does not state which of these acts was allegedly committed by the accused. As such, the accused are not properly informed of the offense charged against them in violation of their rights. The motion prays that the information be quashed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    176 views2 pages

    Motion To Quash PP V Bautista

    Uploaded by

    Joan Cariga
    The motion seeks to quash the information charging the accused with violating RA 11332 for failing to specify which prohibited act was committed. The law prohibits the unauthorized disclosure of patient information, tampering with records, failure to operate disease surveillance systems, and failure to cooperate with disease reporting. However, the information does not state which of these acts was allegedly committed by the accused. As such, the accused are not properly informed of the offense charged against them in violation of their rights. The motion prays that the information be quashed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic of the Philippines

    MUNICIPAL TRIAL COURT IN CITIES


    Second Judicial Region
    Branch 02
    Tuguegarao City, Cagayan

    PEOPLE OF THE PHILIPPINES CRIM. CASE NO. 31883


    Plaintiff

    - versus - F O R :VIOLATION OF RA 11332

    AILYN BAUTISTA, et.al.


    Accused.
    x---------------------x

    MOTION TO QUASH INFORMATION

    Accused AILYN BAUTISTA and MARVIN JAGONOY, through the Public


    Attorney’s Office, by the undersigned counsel, and to this Honorable Court most
    respectfully moves to quash the Information filed against them on the ground that:

    The facts charged do not constitute an offense.1

    ARGUMENTS

    1. Accused are indicted for Violation of Section 9(e) of Republic Act No. 11332,
    otherwise known as the “Mandatory Reporting of Notifiable Diseases and
    Health Events of Public Health Concern Act”, in relation to Executive Order NO.
    55 of the City Government of Tuguegarao in an Information 2 dated August 25,
    2020.
    2. Cited in People vs. Sandiganbayan3 are the following pronouncements:
    “The main purpose of an Information is to ensure that an accused is formally
    informed of the facts and the acts constituting the offense charged.  Where
    insufficient, an accused in a criminal case can file a motion to have the Information
    against him quashed and/or dismissed before he enters his plea.” 
    “This Court, in Lazarte v. Sandiganbayan,  explained the two important purposes
    underlying the rule. First, it enables the accused to suitably prepare his defense.
    Second, it allows the accused, if found guilty, to plead his conviction in a
    subsequent prosecution for the same offense. Thus, this Court held that the true
    test in ascertaining the validity and sufficiency of an Information is "whether the
    crime is described in intelligible terms with such particularity as to apprise the
    accused, with reasonable certainty, of the offense charged."
    3. Accused were charged with Violation of RA 11332. This law specifies the
    prohibited acts4 as follows:
    a. Unauthorized disclosure of private and confidential information pertaining to
    a patient’s medical condition or treatment;
    b. Tampering of records or intentionally providing misinformation;
    c. Non-operation of the disease surveillance and response systems;
    d. Non-cooperation of persons and entities that should report and/or respond to
    notifiable diseases or health events of public concern; and
    1
    Sec. 3a, Rule 117 of the Revised Rules of Criminal Procedure
    2
    Records
    3
    G.R.160619, September 9, 2015
    4
    Section 9 of RA 11332
    2

    e. Non-cooperation of the person or entities identified as having the notifiable


    disease or affected by the health event of public concern.

    4. In the instant case, the Information failed to specifically state which of these
    prohibited acts did the accused commit that would warrant the instant charge,
    which is a violation of their right to be informed of the nature or cause of
    accusation against them. At any rate, nothing in the afore-stated provision
    provides that roaming outside the streets constitute crime.

    PRAYER
    WHEREFORE, premises considered, it is most respectfully prayed of this
    Honorable Court to quash the Information filed in Criminal Case 31883 for Violation
    of RA 11332 against all accused on the ground that the facts charged do not
    constitute an offense.
    Other reliefs, just and equitable in the premises are likewise prayed for.

    Tuguegarao City, Cagayan – February 18, 2021.

    PUBLIC ATTORNEY’S OFFICE


    Hall of Justice
    Carig,Tuguegarao City

    By:

    MARYDINE CAMBRI MERCADO


    Public Attorney II
    Counsel for the Accused
    Roll No. 64356; IBP No. 030652, Cagayan
    MCLE No. VI-0025998 until April 14, 2022

    NOTICE OF HEARING

    THE BRANCH CLERK OF COURT


    MTCC- Branch 2

    HON. RENE B. BACULI


    Presiding Judge
    MTCC- Branch 2

    Greetings:

    Please take notice that undersigned counsel will submit the foregoing Motion for the
    consideration and approval of the Honorable Court on February 26, 2021 at 8:30 in the
    morning or soon thereafter as matter and counsel may be heard.

    ATTY. MARYDINE CAMBRI MERCADO

    CC: Pros. Robin Baricaua


    Trial Prosecutor

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