The Regional Trial Court (RTC) Branch 10 in Davao City denied activist Walden Bello’s Motion to Quash the cyber libel and libel cases filed against him by former Davao City Information officer Jefr…
The Regional Trial Court Branch 10 in Davao City denied activist Walden Bello’s Motion to Quash the cyber libel and libel cases filed against him by former Davao City Information officer Jefry Tupas.
The order added “a Motion to Quash challenges the efficacy of information and compels the court to determine whether the Information suffices to require an accused to endure the rigors of trial. Where the information is insufficient and thus cannot be the basis of any valid conviction, the court must drop the case immediately and save an accused from the anxiety and convenience of a useless trial.
RTC’s latest order states that a motion to quash information on the ground that the facts charged do not constitute an offense should be resolved based on the allegations in the information whose truth and veracity are hypothetically admitted. It said that the question must be answered whether such allegations are sufficient to establish the elements of the crime charged without considering matters aliunde.
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