Motion To Quash

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT

10th Judicial Region
BRANCH 45
Malaybalay City
PEOPLE OF THE PHILIPPINES CRIM. CASE NO. 42934-24

Plaintiff, and 42935-24
-versus- For: VIOLATION OF SEC

5 and SEC 11 OF RA 9165
CHARLIE TAPERLA y SOLATORIO
Accused
X------------------------------------------------/
MOTION TO QUASH CUM PRAYER

FOR ISSUANCE OF SUBPOENA
ACCUSED, assisted by counsel by way of Special Appearance,

most respectfully states that:
Accused Charlie Taperla y Solatorio was abducted by five men

in civilian clothes, on or about 9:00 oclock in the morning of 23 April
2024 from where he stayed at Room 9, Jade Morvie Lodging house in
Don Carlos Sur, Don Carlos, Bukidnon. Thereafter, accused was
brought to Kadingilan, Bukidnon where the concocted and sham
buy-bust resulting to these indictments, was performed. These cases
were brought by the prosecution in court through inquest
proceedings without any legal assistance accorded to the accused.
Not even the PAO was reached to assist the accused. Thus, accused
was deprived of his right to liberty, to avail the preliminary
investigation and to adduce evidence and witnesses in his defense.
Pursuant to the Rules on Criminal Procedure, assailed herein is

the jurisdiction of the Honorable Court over the person of the
accused, a ground raised to quash the Information in these cases. This
plea finds support under Section 3 (c), Rule 117 of the Rules and
excepted among the prohibited motions enumerated under 2 (iv), III
Page 1 of 3
of AM No. 15-06-10-SC (Revised Guidelines for Continuous Trial of
Criminal Cases).
To prove the presence of the accused and the abduction, the

movant will present witnesses to establish the fact that accused was
illegally arrested. Charina Taperla Taroc (accused sister) endeavored
and exerted efforts to secure the video footage of the abduction at the
Jade Morvie Lodging House (Jade for brevity). The management of
Jade through its officer, Read Jean Sandot however refused to heed the
request of Charina and required her to secure a Court Order. An
Affidavit of Merit executed by Charina T. Taroc in support thereto is
hereto attached as Annex “1”. Consequently, issuance of a Subpoena
Duces Tecum ad Testificandum by the Honorable Court to the
management of Jade Morvie Lodging House at Don Carlos,
Bukidnon, is warranted and so prayed for by the accused.
The right to confront a witness is one of the fundamental basic

rights of an accused. It is ingrained in our justice system and
guaranteed by no less than the 1987 Constitution as stated under its
Article III, Section 14(2), to wit:
Section 14. (1) x x x
(2) In all criminal prosecutions, the accused shall be

presumed innocent until the contrary is proved, and shall enjoy
the right to be heard by himself and counsel, to be informed of
the nature and cause of the accusation against him, to have a
speedy, impartial and public trial, to meet the witnesses face to
face, and to have compulsory process to secure the attendance
of witnesses and the production of evidence in his behalf.
(emphasis ours)
Based on the express guarantees by the Constitution, accused

pleads for the compulsory process from the Honorable Court to
compel the management of the Jade Morvie Lodging House to
present in Court its employee/s and authenticate the video footage
that supports the illegal arrest of the accused.
WHEREFORE, accused prays that a Subpoena Duces Tecum ad

Testificandum be issued to Read Jean Sandot or the manager or officer
in charge of Jade Morvie Lodging house in Don Carlos Sur, Don
Carlos, Bukidnon and for him to bring the video footage of the
Page 2 of 3
abduction of the accused and to testify in Court on the date and time
as the calendar of the court may allow. After due hearing as may be
proven by the movant, an Order be issued by the Court finding that
the accused was illegally arrested therefore the Court has not
acquired jurisdiction over the person of the accused and that the
Information in the above-captioned cases be quashed.
Other reliefs that are consistent in law and equity are also
prayed.
Done this 10th day of June 2024 in Don Carlos, for Malaybalay
City, Bukidnon, Philippines.
ATTY. FLORENTINE T. GARAY

Counsel for the Accused
Roll No. 65136; IBP Lifetime No. 015158
PTR No. 5434981B, 01-05-2024; TIN-199-588-890
MCLE Compliance No. VII-0025526 (until 2025)
MCLE Exemption No. VIII – BEP002358 (until 2028)
F. T. Garay Law Office

Door 2, FS Garay Bldg., Sayre Highway,
Don Carlos, Bukidnon 8712
Mobile No. 09177192662
Email address: ftgaray@gmail.com
With my conformity:
CHARLIE TAPERLA y SOLATORIO, accused
Copy furnished by personal service to:
Office of the Provincial Prosecutor

Hall of Justice, Capitol Grounds
Malaybalay City, Bukidnon
Page 3 of 3

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

PEOPLE OF THE PHILIPPINES CRIM. CASE NO. 42934-24

-versus- For: VIOLATION OF SEC

MOTION TO QUASH CUM PRAYER

ACCUSED, assisted by counsel by way of Special Appearance,

Accused Charlie Taperla y Solatorio was abducted by five men

Pursuant to the Rules on Criminal Procedure, assailed herein is

To prove the presence of the accused and the abduction, the

The right to confront a witness is one of the fundamental basic

Section 14. (1) x x x

(2) In all criminal prosecutions, the accused shall be

Based on the express guarantees by the Constitution, accused

WHEREFORE, accused prays that a Subpoena Duces Tecum ad

ATTY. FLORENTINE T. GARAY

F. T. Garay Law Office

CHARLIE TAPERLA y SOLATORIO, accused

Copy furnished by personal service to:

Office of the Provincial Prosecutor

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