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MOTION To DISMISS (Lack of Jurisdiction)

This document is a motion to dismiss a case of estafa (fraud) against Chanel Gucci lv in a Regional Trial Court. The motion argues that 1) the accused is charged with estafa involving an amount of 25,000 pesos, 2) under recent amendments to the Revised Penal Code, crimes of estafa involving amounts less than 40,000 pesos fall under the jurisdiction of Municipal Trial Courts, not Regional Trial Courts, and 3) therefore the Regional Trial Court lacks jurisdiction over this case and it should be dismissed. The defense counsel requests that the court dismiss the case for lack of jurisdiction.

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Marie Jade Ebol Araneta
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6K views2 pages

MOTION To DISMISS (Lack of Jurisdiction)

This document is a motion to dismiss a case of estafa (fraud) against Chanel Gucci lv in a Regional Trial Court. The motion argues that 1) the accused is charged with estafa involving an amount of 25,000 pesos, 2) under recent amendments to the Revised Penal Code, crimes of estafa involving amounts less than 40,000 pesos fall under the jurisdiction of Municipal Trial Courts, not Regional Trial Courts, and 3) therefore the Regional Trial Court lacks jurisdiction over this case and it should be dismissed. The defense counsel requests that the court dismiss the case for lack of jurisdiction.

Uploaded by

Marie Jade Ebol Araneta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Republic of the Philippines

REGIONAL TRIAL COURT


9TH Judicial Region

THE PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. _____


Plaintiff,

-VERSUS- -for

ESTAFA DEFINED AND PENALIZED


Chanel Gucci lv, UNDER ARTICLE 315-2 (a) OF THE
Accused. REVISED PENAL CODE
X-------------------------X

MOTION TO DISMISS CASE


COMES NOW Accused ______________, through the undersigned
counsel, and unto the Honorable Court most respectfully states:

That the above-named accused was charged of ESTAFA Defined and


Penalized under Article 315-2 (a) of the Revised Penal Code;

That upon perusal of the records of the case, the amount involved in
Criminal Case No. 26728 is Twenty-Five Thousand;

That pursuant to Republic Act No. 10951or An Act Adjusting the Amount
or the Value of Property and Damage on Which a Penalty is Based and the Fines
Imposed Under the Revised Penal Code, Amending for the Purpose Act No.
3815, Otherwise Known as “The Revised Penal Code”, as Amended, Article 315
states as follows:

“ART. 315. Swindling (estafa).— Any person who shall defraud


another by any of the means mentioned hereinbelow shall be punished by:

Xxx
“4th. By arresto mayor in its medium and maximum periods, if such
amount does not exceed Forty thousand pesos (₱40,000):
That crimes with a penalty punishable by arresto mayor fall within the
jurisdiction of the Municipal Trial Courts;

That the above-entitled case fall within the jurisdiction of the Municipal
Trial Court, the amount involved as stated in the Information does not exceed
Forty Thousand Pesos (P40,000.00), hence this Honorable Court has no
jurisdiction to try the above-entitled case;

That in view hereof Accused through counsel moves for the DISMISSAL
of the above-entitled case for lack of jurisdiction.

1
PRAYER

WHEREFORE, in view of the above, it is respectfully prayed of the


Honorable Court to DISMISS the instant case for lack of jurisdiction.

________________, Philippines.

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