Slander Consolidated form

Republic of the Philippines}City of Zamboanga............}x--------------------------------x

AFFIDAVIT OF COMPLAINANT

I, Mohammad Antao, of legal age, married, Filipino, and a resident of Star St., Tumaga. Zamboanga City, after having been sworn to in accordance, depose and say: 1. That I am the duly-appointed Regional Director of the Department of Public Works and Highways Regional Office - IX; 2. That on January 15, 2014, on or about on or about 10:30 a.m., Security Officer Al-Rashid Siraji went to my office and started maligning me and uttered slanderous, malicious, and defamatory words against my person in this wise: “MARU! KAWATAN! BOBO!” (SLY! THIEF! STUPID!); 3. That I was checking his performance and reminded him that poor performance will be ground to terminate his employment; 4. That his utterance is heard by Normilyn Miralpes, Maida Ismael and some employees outside my office; 5. That because of these slanderous and defamatory words, I felt belittled, ashamed and my reputation was tarnished and felt serious anxiety. Much more I felt severely humiliated in front of the employees who might lose respect and due regard to me, their Regional Director. 6. That I execute this affidavit freely and voluntarily in order to give my true and faithful account of the acts and committed against my person and to file a criminal complaint against Al-Rhasid Siraji

AFFIANT FURTHER SAYENTH NAUGHT

Mohammad Antao Affiant

IN WITNESS WHEREOF I have hereunto set my hand and affixed my signature this 18th day of January, 2014 at Zamboanga City, Philippines.

MELCA QUIPSESTATE PROSECUTOR II

CERTIFICATION

This is to certify that I personally examined the herein affiant and that I am fully satisfied that he voluntarily executed and understood his affidavit.



AFFIDAVIT

I, Normilyn Miralpes, of legal age, married, Filipino, and a resident of Zone 1, Zambowood, Zamboanga City, after been sworn to in accordance, depose and say: 1. That I was in the office of the Regional Director, on or about 10:30 o’clock in the morning; 2. That I was talking to Dir. Mohammad Antao when the Security Officer Al-Rashid Siraji arrived and verbally confronted Dir. Antao;

3. That without warning, he verbally assaulted the Director in my presence and shouted at the Director in this wise: “MARU! KAWATAN! BOBO!”(SLY! THIEF! STUPID!); 4. That I was shocked to witness that Al-Rashid Siraji lost all due respect and regard to our Regional Director by the way how he treated the latter; 5. That I execute this affidavit freely and voluntarily in order to give my true and faithful account of the acts and committed against the person Regional Director Mohammad Antao. AFFIANT FURTHER SAYETH NAUGHT.

Normilyn MiralpesAffiant

IN WITNESS WHEREOF I have hereunto set my hand and my signature this 18th day of January 2014 at Zamboanga City, Philippines.


CERTIFICATION




AFFIDAVIT

I, Maida Ismael, of legal age, single, Filipino, and a resident of Estrada St., Tetuan, Zamboanga City, after been sworn to in accordance, depose and say: 1. That I am the Secretary of the Regional Director of the Department of Public Works and Highways; 2. That I was in the office of the Regional Director, on or about 10:00 o’clock in the morning, encoding some important documents. 3. That around 10:30 a.m. when Security Officer Al-Rashid Siraji went to the office of Dir. Mohammad Antao; 4. That he immediately confronted the Director Mohammad Antao on why he was being told since he is not even a part of the Department where Siraji was working; 5. The without warning that he verbally assaulted Director Antao in this wise “MARU! KAWATAN! BOBO!” (SLY! THIEF! STUPID!) 6. That I was shocked to witness that Al-Rashid Siraji lost all due respect and regard to our Regional Director by the way how he treated the latter; 7. That I execute this affidavit freely and voluntarily in order to give my true and faithful account of the acts and committed against the person of the Regional Director Mohammad Antao.

AFFIANT FURTHER SAYETH NAUGHT.

Maida Ismael Affiant

IN WITNESS WHEREOF I have hereunto set my hand and my signature this 18th day of January, 2014 at Zamboanga City, Philippines.


CERTIFICATION



REPUBLIC OF THE PHILIPPINESNATIONAL POLICE COMMISSIONPHILIPPINE NATIONAL POLICE

POLICE STATION – 7Gov. Ramos St., Sta. Maria

Zamboanga City January 15, 2014PS6 –

CASE REPORTCASE : Violation of Article 358 (Slander) of the RPCCOMPLAINANT :Mohammad Antao, 30 years old, married and a resident of Star St., Tumaga, Zamboanga City.SUBJECT : Al-Rashid Siraji, 30 years old, married and a resident of Cabatangan, Zamboanga CityWITNESSES : 1. Normilyn Miralpes, 31 years old, single and a resident of Zambowood, Zamboanga City

2. Maida Ismael, 28 years old, single and a resident of Tetuan, Zamboanga City D/T/P of Incident : January 15, 2014 OOA 10:30 o’clock in the morning, at DPWH R-IX, Barangay Tumaga, Zamboanga City

____________________________________________________________________________Reference: Complaint Assignment Sheet No. 5678 On January 15, 2014 at about 7:30 in the evening, Mohammad Antao, Regional Director of DPWH Regional Office – IX appeared to this office and lodged a complaint against Al-Rashid Siraji, Security Officer at DPWH Regional Office – IX, of legal age, married, a resident of Cabatangan, Zamboanga City, that on or about 10:30 in the morning of January 15, 2014, the latter uttered unpleasant words quote in this wise: “MARU, KAWATAN, AND BOBO”, which when translated in English language mean more or less: “SLY, THIEF, STUPID” after the former confronted the accused because of his poor performance in the office. After receipt of this complaint, this investigator requested the appearance of herein respondent for confrontation for possible reconciliation in this office which was scheduled on January 17, 2014 at 10 o’clock in the morning, but herein respondent failed to come, whereby he informed this office thru telephone that he had an important matter to attend to. However, complainant appeared before this office bringing along with him a prepared affidavit including the affidavits of his two (2) witnesses which were subscribed before Melca Quipse, State Prosecutor II, January 15, 2014. Complainant eagerly manifested his desire to elevate the case in any court of law without having yet going through the process of Exhaustion of remedy or observing the compliance mandated under RA 7160 (otherwise known as the Local Government Code). The foregoing facts in this instant case as asserted by complainant Mohammad Antao in his oath affidavit date January 15, 2014, before Melca Quipse,, State Prosecutor II of Zamboanga City, that on or about 10:30 in the morning, the Security Officer Al-Rashid Siraji went to his office and started maligning him and uttered malicious, slanderous, and defamatory words which quoted in this wise: “MARU, KAWATAN, BOBO!”. When interpreted or translated in English language mean more or less “SLY, THIEF, STUPID”. The incident happened where herein complainant confronted the latter. The said incident was heard by Normilyn Miralpes and Maida Ismael who likewise substantiated and corroborated the allegations of the complaint. However, this investigator was not to personally interview or jot down the statements of the witnesses because they did not appear to this station, instead only their prepared affidavits were submitted. The undersigned investigator recommends this case for further and thorough evaluation.

Prepared by:

Alvir Carabot-Investigator

Noted by:

SPO1 Shariff Alsree, PNPChief, Investigator, PS7 (ZCPO) Approved by:

Ahmed-Arqhan AliChief of Police, PS7, (ZCPO)

Republic of the PhilippinesDepartment of Justice

OFFICE OF THE CITY PROSECUTORZamboanga City

RE: COMPLAINT AGAINST AL-RHASID SIRAJI FOR SLANDER UNDER NPS DOCKET No. IX-14-INV-09A-00114 x-------------------------------------------------------------------------------x

RESOLUTION

This resolves the complaint for Slander filed by complainant Mohammad Antao against above named respondent. Complainant, the Regional Director of the Department of Public Works and Highways Regional Office 9, this city, claims that around 10:30 o’clock in the morning of January 15, 2014, respondent who is the Security Officer of said office went to his office and started maligning him by uttering the following defamatory words at him: “MARU! KAWATAN! BOBO!”(“SLY! THIEF! STUPID!”). Said utterance was allegedly witnessed by Normilyn Miralpes and Ismael Maida who in their respective Affidavit corroborate the claims of the complainant. The incident occurred within the office of the complainant who is the Regional Director in the presence of the employees of the said office. WHEREFORE, finding probable cause, let an Information charging respondent Al-Rashid Siraji with GRAVE SLANDER be filed in court. Zamboanga City, Philippines, January 25, 2014.

MELCA QUIPSE3rd Assistant City Prosecutor

RECOMMENDING APPROVAL ANTONIO ROBERTO JR1st Assistant City Prosecutor

APPROVED:

RYAN AGUSTINCity Prosecutor

Republic of the PhilippinesMUNICIPAL TRIAL COURT

9th Judicial RegionBranch 2

Zamboanga City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 49105Plaintiff,

-versus- -for-

AL RHASID SIRAJI GRAVE SLANDER Accused. (Article 358 of the Revised Penal Code)

x-----------------------------------x

INFORMATION

The undersigned 3rd Assistant Zamboanga City hereby accuses AL-RASHID

SIRAJI of the crime of GRAVE SLANDER, committed as follows:

That on or about January 15, 2014, in the City of Zamboanga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, being then the Security Officer of the Department of Public Works and Highways R-IX, this city, with the deliberate intent of bringing on MOHAMMAD ANTAO, who is the Regional Director of the aforesaid Department, into discredit, disrepute, and contempt, did and there willfully, unlawfully, and feloniously, publicly speak and utter against said MOHAMMAD ANTAO, the following words and expressions to wit: “MARU! KAWATAN! BOBO!” which if translated in English language will mean, “SLY! THIEF! STUPID!”, and other words of similar import and as a result, said defamatory utterance and expressions caused mental anguish, serious anxiety, social humiliation and besmirched reputation to his damage and prejudice.

CONTRARY TO LAW.

Zamboanga City, Philippines, January 25, 2014, 2014.

MELCA QUIPSE3rd Assistant City Prosecutor

APPROVED

RYAN AGUSTIN City Prosecutor

Witnesses:Mohammad Antao – Tumaga, Zamboanga CityNormilyn Miralpes - Zambowood, Zamboanga CityIsmael Maida – Tetuan, Zamboanga City

BOND: P6,000.00

(Republic of the Philippines )(City of Zamboanga…………. ) SS(XXX………………………………. )

AFFIDAVIT I, Sarah Alijuddin, 24 years old, single and a resident of Tumaga, Zamboanga City, after having been duly sworn to in accordance with law, do hereby depose and say: that-

1. I work as Human Resource Staff of the Department of Public Works and Highway located at Tumaga Zamboanga City;

2. I have known Al-Rhasid Siraji as a security officer who is working for the Department of Public Works and Highway for almost five years;

3. Siraji is known to be a funny and cheerful man and he is always joking around;4. On January 15, 2014, when I was about to submit my report to the

administration office, I heard Al-Rhasid making fun with his colleague Alvir Carabot, calling him MARU! KAWATAN! BOBO!” (SLY! THIEF! STUPID!) in a mischievous manner since they were having their usual conversation with one another;

5. I saw the Regional Director few meters away where Al-Rhashid was located;6. I am executing this affidavit of my own free will and volition and to attest the

veracity and truthfulness of the above-cited facts Affiant further sayeth naught.

SARAH ALIJUDDIN

Affiant

WITNESS WHEREOF I have hereunto affixed my signature this 20th day of January, 2014, in the City of Zamboanga, Philippines. SUBSCRIBED AND SWORN to before me this 20th day of January, 2014, Zamboanga City, Philippines

MELCA QUIPSE 1st Assistant City Prosecutor

CERTIFICATION THIS IS TO CERTIFY that I have personally examined the herein affiant and that I am fully satisfied that he/she voluntarily executed his/her affidavit.



AFFIDAVIT I, Alvir Carabot, 26 years old, single and a resident of Guiwan, Zamboanga City, after having been duly sworn to in accordance with law, do hereby depose and say: that-

1. I am employed in the Department Works and Highway and assigned in the Engineering Office;

2. I have known Al-Rhasid Siraji since he was my classmate in High school and good friends until now;

3. On January 15, 2014, I have seen Siraji with the Regional Director in the latter’s office since they were conversing with something;

4. When he leave before the presence of our Regional Director, he saw me in the hallway while I was waiting for him;

5. We started calling each other with different names, he called me “MARU! KAWATAN! BOBO!” (SLY! THIEF! STUPID!) but those were nothing personal to me since we were having fun at all;

6. I am executing this affidavit of my own free will and volition and to attest the veracity and truthfulness of the above-cited facts

Affiant further sayeth naught.

ALVIR CARABOT

Affiant


MELCA QUIPSE

1st Assistant City Prosecutor CERTIFICATION THIS IS TO CERTIFY that I have personally examined the herein affiant and that I am fully satisfied that he/she voluntarily executed his/her affidavit.



COUNTER AFFIDAVIT I, Al-Rhasid Siraji, 25 years old, single and a resident of Cabatangan, Zamboanga City, after having been duly sworn to in accordance with law, do hereby depose and say: that-

1. I was the accused on the criminal case No. 49105 on grave slander filed by Mohamad Antao, the Regional Director of Department of Public Works and Highway where I was also working as a security officer ;

2. Sometime on January 15, 2014, at around 10:30 in the morning, I went to the Regional Director’s office since I was told that I was called by him;

3. Upon arriving in the office, the Regional Director reprimanded me on the ground that he said I was an irresponsible employee;

4. I went out of the office and passed through the hallway, where I saw Alvir Carabot who was my close friend in High school; we used to call each other in different names and different slang words;

5. I started to call him, “MARU! KAWATAN! BOBO!” (SLY! THIEF! STUPID!) but were never offensive for us since we used to call each other with those words;

6. I did not notice the presence of the Regional Director and the words uttered were not for him;

7. I am executing this affidavit of my own free will and volition and to attest the veracity and truthfulness of the above-cited facts.

Affiant further sayeth naught.

AL_RHASID SIRAJIAffiant


MELCA QUIPSE

1st Assistant City Prosecutor CERTIFICATION THIS IS TO CERTIFY that I have personally examined the herein affiant and that I am fully satisfied that he/she voluntarily executed his/her affidavit.




Zamboanga City PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 49105 Plaintiff,-versus- -for- AL RHASID SIRAJI GRAVE SLANDER Accused. (Article 358 of the Revised Penal Code)

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WARRANT OF ARREST

TO ANY OFFICER OF THE LAW: GREETINGS! You are hereby commanded to arrest Al-Rhasid Siraji who is said to be at Department of Works and Highway, Tumaga, Zamboanga City, and deliver him to the nearest police station of jail. Bail for the temporary liberty of the accused is fixed at Php 6,000php. This warrant must be executed within ten (10) days from the receipt hereof. Within ten (10) days after the expiration of such period, the office whom this warrant was assigned for the execution must make a report to the judge who issued the warrant and in failure to execute the same shall state the reasons therefore. This warrant of arrest remains and should be served within ten (10) days and need not be return to the Judge until the accused is arrested or unless recalled by the Judge. (Rule 113, Sec 4, 1985 Rules on Criminal Procedure) Given under my hand and seal of the Court, this January 27, 2014, Zamboanga City

Received by:___________________________ ASSIGNED FOR EXECUTION TODate:__________________________________ ______________________________ Accused:__________________________________________Arrest on;__________________________________________ ________________________________

ARRESTING OFFICER



Zamboanga City PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 49105 Plaintiff,-versus- -for- AL RHASID SIRAJI GRAVE SLANDER Accused. (Article 358 of the Revised Penal Code)

x-----------------------------------x

PRE-TRIAL ORDER During the preliminary conference before the Clerk of Court Pearl Marjorie Vidal of the Municipal Trial Court in Cities, Branch 2, 9 th Judicial Region, Zamboanga City, the parties did not reach any settlement. The following matters transpired:

FOR THE PROSECUTION

Request for stipulation of admissionJurisdiction of this CourtThe words were uttered by the Accused Documentary evidence for the prosecution:

1. Exhibit “A” Forwarding Report2. Exhibit “B” Complaint Assignment Sheet No. 56783. Exhibit “C” and “C-1” Case Report of P03 Alvir Carabot, dated January 15, 2014, consisting of two (2) pages4. Exhibit “D” Affidavit of Complainant Mohammad Antao5. Exhibit “E” Affidavit of Normilyn Miralpes6. Exhibit “F” Affidavit of Maida Ismael ;reservation for additional documentary evidence

Witnesses for the Prosecution1. Mohammad Antao 2. Normilyn Miralpes3. Maida Ismael; with reservation for additional witnesses

Issues for the Prosecution-Whether or not the accused is liable of violation of Article 358 of the Revised Penal Code,-Whether or not the accused are liable to the complainant for damages. FOR THE DEFENSE

Request for stipulation of admissionThe Private Complainant is a Public officerActs committed in a public place

Documentary evidence for the defense:1.Exhibit “1”- Counter Affidavit of Al- Rhasid Siraji2.Exhibit “2” – Sworn Affidavit of Sarah Alijuddin3.Exhibit “3” – Sworn Affidavit of Alvir Carabot; with reservation for additional documentary evidence

Witnesses for the Defense1. Al- Rhasid Siraji2. Sarah Alijuddin3. Alvir G. Carabot; with reservation for additional witnesses

Issues for the Defense:-Whether or not the Court has jurisdiction to hear the case In today’s pre-trial and confirmation of conference before the Clerk of Court, the prosecutor confirmed and affirmed the minutes of the preliminary conference before the Clerk of Court and manifested that he has no additional documents to be marked and witnesses to be included. Defense Counsel, also confirmed and affirmed the minutes of the conference before the Clerk of Court, and also manifested that he has no additional documents to be marked and witnesses to be included.The issues to be resolved are 1) Whether or not the accused is liable of violation of Article 358 of the Revised Penal Code, 2) Whether or not the Court has jurisdiction to hear the case 3) Whether or not the accused are liable to the complainant for damages. Upon agreement of the parties, set the presentation of prosecution’s evidence on March 3 and 4, 2014 at 8:30 o’clock in the morning. The reception of defense evidence is scheduled on April 17 and 18, 2014 at 8:30 in the morning. The prosecution shall be responsible in bringing its witnesses to court. The accused and the private complainant are notified in open court and waived further notice. There being no other matters to be taken, today’s pre-trial conference is deemed terminated. SO ORDERED. Given this 17th day of February, 2014 at Zamboanga City, Philippines. Imran pangilinan

Presiding Judge

Copy Furnished:1. APA Melca Quipse, OCP, ZC ______________2. Atty. Sherwin Monejo, Tumaga., ZC __________



Zamboanga City PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 49105 Plaintiff,

-versus- -for- AL RHASID SIRAJI GRAVE SLANDER Accused. (Article 358 of the Revised Penal Code)x-----------------------------------x

MOTION TO QUASH

COMES NOW accused, through the undersigned counsel and unto this Honorable Court, most respectfully avers: that-

1. The Information filed should be Quash on the ground that:

a. the facts charged do not constitute an offense;b. the court trying the case has no jurisdiction over the

offense charged;c. the officer who filed the information had no authority to do

so;

THE FACTS CHARGED DO NOT CONSTITUTE AN OFFENSE1

2. The elements of grave slander are indispensable to determine if the crime itself exists, to wit--

“There is grave slander when it is of a serious and insulting nature. The gravity of the oral defamation depends not only (1) upon the expressions used, but also (2) on the personal relations of the accused and the offended party, and (3) the circumstances

surrounding the case.”2

3. The averment of the prosecution is insufficient to hold the accused with the crime stated therein;

1 Section 3(a) of Rule 117 of the Rules of Court2 Villanueva vs People GR No. 160351, April 10, 2006

4. The witnesses of the accused are manifesting the fact that the words uttered by the accused were not directly related to him since they ended their conversation before the said incident happened;

5. The words were never addressed to the Plaintiff but to someone named Alvir Carabot since he was a good friend of the accused herein;

6. In People vs Raagas[1938], the Supreme Court ruled that the information do not constitute the offense charged, to wit-

“In order that oral defamation consisting of the imputation of a vice, defect, act, omission or circumstance tending to cause the dishonor, discredit or contempt of a person or the memory of one who is dead, may be punishable, the language used must be defamatory and clear so as to leave no room for doubt that it is addressed to a determinate person. Although the defamation may be direct or indirect or in the form of allusions it must nevertheless be positive, that is, it must express the idea or element punished by the law”3

THE COURT TRYING THE CASE HAS NO JURISDICTION OVER THE OFFENSE CHARGED4

5. The Sandiganbayan has the jurisdiction over the offense charged as stated in R.A. 8249, Section 4(B) which states that-

“Section 4. Jurisdiction – The Sandiganbayan shall exercise original jurisdiction in all cases involving:a.xxxb. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a of this section in relation to their office.”5

6. The Plaintiff is a public official and the accused is an employee of the Department of Public Works and Highway, aduly-organized government entity;

7. Since the crime, regardless of being simple or complex, is under the jurisdiction of the Sandiganbayan, the accused was reprimanded because of his poor work performance, thus the offense committed is in relation to office;

THE OFFICER WHO FILED THE INFORMATION HAD NO AUTHORITY TO DO SO6

3 G.R. No. L-45414 , June 13, 19384 Section 3(b) of Rule 117 of the Rules of Court5 Section 4(b) of RA 82496 Section 3(d) of Rule 117 of the Rules of Court

8. The case, to prosper should have been filed before the Ombudsman who will determine the probable case, thus-

“The rule is that as far as crimes cognizable by the Sandiganbayan are concerned, the determination of probable cause during the preliminary investigation is a function that belongs to the Office of the Ombudsman. The Ombudsman is empowered to determine, in the exercise of his discretion, whether probable cause exists, and to charge the person believed to have committed the crime as defined by law.”7

P R A Y E R

WHEREFORE, in view of all the foregoing, it is most respectfully prayed that the information be quashed, and accused be discharged.

Other relief just and equitable are likewise prayed for.

Respectfully submitted.

January 28, 2014

Atty. SHERWIN MONTEJOCounsel for the Accused

Commissioned until 12.31.2015Executive Village, Tumaga ZC

IBP OR. No. 896962,01.07.2014 ZCPTR OR. No. 0759552.01.07.2014 ZC

Roll No. 12345

NOTICE OF HEARING

7 COLLANTES vs. HON. SIMEON MARCELO, G.R. Nos. 167006-07 August 14, 2007

THE CLERK OF COURTRegional Trial Court Branch 169th Judicial RegionZamboanga City GREETINGS: Please submit the foregoing MOTION TO QUASH for the consideration and approval of the Honorable Court on February 2, 2014 or immediately upon receipt hereof. Thank you for your kind attention. January 28, 2014, Zamboanga City, Philippines.

Sherwin Montejocounsel

--oOo--

NOTICE OF HEARING

ATTY. MELCA QUIPSECounsel for PlaintiffHall of Justice, Sta. BarbaraZamboanga City GREETINGS: Kindly take NOTICE that the undersigned will submit the foregoing MOTION TO QUASH for the consideration and approval of the Honorable Court on February 2, 2014 or immediately upon receipt thereof.

Thank you for your kind attention. January 28, 2014, Zamboanga City, Philippines

Sherwin Montejocounsel

Copy furnished: Atty. Melca Quipse By:_______________Counsel for the Plaintiff Date:_____________Hall of Justice, Sta. BarbaraZamboanga City

Republic of the Philippines

MUNICIPAL TRIAL COURT9th Judicial Region

Branch 2Zamboanga City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 49105 Plaintiff,

-versus- -for- AL RHASID SIRAJI GRAVE SLANDER Accused. (Article 358 of the Revised Penal Code)

x-----------------------------------x

OPPOSITION TO MOTION TO QUASH

COMES NOW Plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully avers, that:

1. On January 28, 2014, the accused through the undersigned counsel submitted unto this honorable court a motion to quash the information;

2. The Plaintiff received a copy therein, hence this opposition;

3. As to the averment that the facts charged do not constitute an offense;

3.1 The filing of the above-entitled case is substantial. The testimony of the Plaintiff and of the witnesses are prima facie evidence that he committed the offense charged;

3.2 There exists a probable cause, the burden to prove all the elements during the preliminary investigation will defeat the ends of justice. The Honorable Court in the case of Reyes vs Pearlbank Securities[2008] states that-

“Probable cause, for the purpose of filing a criminal information, has been defined as such facts as are sufficient to engender a well-founded belief that a crime has been committed and that respondent is probably guilty thereof.18The term does not mean "actual and positive cause" nor does it import absolute certainty. It is merely based on opinion and reasonable belief. Probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged”8

4. It is the Honorable Court who has the jurisdiction on the above-entitled

case;

8 G.R. No. 171435, July 30, 2008

http://www.lawphil.net/judjuris/juri2008/jul2008/gr_171435_2008.html#fnt18

4.1 Accused is indicted with the crime of Grave Slander that is in violation of Article 358 of the Revised Penal Code which provides that-

“Art. 358. Slander. — Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200”

4.2 Batas Pambansa 129 as amended by R.A, No. 7691 specifically provides that when the penalty does not exceed six(6) years, hence, cognizable by the Municipal Trial Court –

Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in criminal cases. Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:(1)xxx (2) Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value, or amount thereof: Provided, however, That in offenses involving damage to property through criminal negligence they shall have exclusive original jurisdiction thereof. (as amended by R.A, No. 7691)

4.3 The Honorable Court did not err to have jurisdiction in this case and the proper authority to file this case is the prosecutor;

P R A Y E R

WHEREFORE, it view of all the foregoing, it is most respectfully prayed that the motion for information be denied.

Other relief just and equitable are likewise prayed for.

Respectfully submitted.

February 2, 2014

Atty. MELCA QUIPSE3rd Assistant City ProsecutorOffice of the City Prosecutor

Hall of JusticeSta Barbara, Philippines

NOTICE OF HEARING THE CLERK OF COURTRegional Trial Court Branch 169th Judicial Region

Zamboanga City GREETINGS: Please submit the foregoing OPPOSITION TO MOTION TO QUASH for the consideration and approval of the Honorable Court immediately upon receipt hereof sans oral arguments. Thank you for your kind attention. January 28, 2014, Zamboanga City, Philippines.

Melca Quipsecounsel

--oOo--

NOTICE OF HEARING

ATTY. Sherwin MontejoCounsel for AccusedTumaga, Zamboanga City GREETINGS: Kindly take NOTICE that the undersigned will submit the foregoing OPPOSITION TO MOTION TO QUASH for the consideration and approval of the Honorable Court immediately upon receipt thereof sans oral arguments. Thank you for your kind attention. January 28, 2014, Zamboanga City, Philippines

Melca Quipsecounsel

Copy furnished: Atty. Sherwin Montejo By:_______________Counsel for the Accused Date:_____________Hall of Justice, Sta. BarbaraZamboanga City

Slander Consolidated form

Documents

Transcript of Slander Consolidated form