Robbery by Band
Robbery by Band
Robbery by Band
-versus-
xxxxx
MOTION TO DISMISS
COMES NOW, accused through the undersigned counsel and unto
this Honorable Court respectfully states:
1. That on 20 September 1999, a criminal complaint charging Juan
Dela Cruz, Pedro Posadas, Manuelito Posadas and three other
unidentified persons with robbery in band was filed by Atty. Troy
Cabungcal of the Prosecutors Office in the Regional Trial Court. The
information reads as follows:
That on or about 2:30 o'clock in the afternoon of
September 02, 2012, in the City of Manila, Velasquez,
Tondo, Philippines, and within the jurisdiction of this
Honorable Court, the said accused, conspiring
together and helping one another for a common
purpose and all armed with bolos, by means of
violence and intimidation, did then and there
willfully, and unlawfully and feloniously, take and
carry away with intent of gain and against the will of
the owner thereof, 5 pieces of jewelries worth
500,000.00 (Php 100,000.00 each) and 3 pieces of
Rolex watches valued at 3 million and a cash
amounting to 300,000.00 , belonging to Constacio
Cojuangco, to his damage and prejudice in the said
sum of 3,800,000.00
SOLOMON, Ruby D.
Legal Writing/ 6:00PM-8:00PM TUES.
Atty. Reyes
SOLOMON, Ruby D.
Legal Writing/ 6:00PM-8:00PM TUES.
Atty. Reyes
That the first and fourth requisites did not concur. Accused Juan
Dela Cruz was not even a member of the band as the complainant
mistakenly recognizes his participation and what he had shouted to
prevent the commission of the assault.
PRAYER
Respectfully submitted.
City of Manila, February 4, 2012.
By:
SOLOMON, Ruby D.
Legal Writing/ 6:00PM-8:00PM TUES.
Atty. Reyes
Copy furnished:
REGISTRY
Robinsons Ermita
Postal Station
THE CLERK OF COURT
BRANCH 13, MANILA
Postal Station
EXPLANATION OF SERVICE
A copy of the foregoing MOTION TO DISMISS is filed with this
Honorable Court and is being served to the above-named addressees
through registered mail and personal service being impracticable due to
time, distance and personnel constraints.