Republic of the Philippines

First Judicial Region

REGIONAL TRIAL COURT
Laoag City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
-versus- Criminal Case No. 696969
For: Adultery
ALICIA TABLA and WILL LARGA,
Accused.
x------------------------------------------------x

MOTION TO DISMISS

ACCUSED ALICIA TABLA a.k.a. “ALICIA GRANDE” and

WILL LARGA, through the undersigned counsels, unto this
Honorable Court, most respectfully move for the dismissal of the
complaint on the ground that THE HONORABLE COURT HAS NO
JURISDICTION OVER THE SUBJECT MATTER OF THE
COMPLAINT under B.P. Blg. 129.

ARGUMENTS

Batas Pambansa Bilang 129 otherwise known as the Judicial

Reorganization Act of 1980 provides for the jurisdiction of the courts
in the Philippines. Under the said law, the Municipal Trial Courts has
exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding six (6) years, regardless of the fine or
other accessory penalties1.

A cursory reading of the Complaint readily shows that the

complaint for Adultery does not fall within the exclusive original
jurisdiction of the Regional Trial Court of Laoag City because the
offense charged is punishable by prision correccional in its medium
and maximum periods2.

In other words, the crime of Adultery is punishable by

imprisonment from 2 years, 4 months and 1 day to 6 years.

1
Section 32, BP Blg. 129
2
Article 333, Revised Penal Code. Xxx Adultery shall be punished by prision correccional in its medium and
maximum periods.”
 Clearly, the complaint does not fall within the exclusive
original jurisdiction of the Regional Trial Court which has
jurisdiction over all criminal cases where the penalty is higher than 6
years.

Moreover, it must be emphasized that criminal cases must not

only be filed with proper jurisdiction, it must also be filed with the
court of proper venue.

In this case, not only was the complaint filed with the RTC
which does not have proper jurisdiction, but was also filed in the
court of improper venue since the essential elements of the alleged
offense was committed in Bacarra, Ilocos Norte.

It is a fundamental rule of procedure that venue is an essential

element of jurisdiction in criminal cases. It determines not only the
place where the criminal action is to be instituted but also the court
that has jurisdiction to try and hear the case. A finding of improper
venue in criminal cases carries with it jurisdictional consequences.3

It was palpable error for the plaintiff to submit the complaint in

the Regional Trial Court of Laoag City when the law unequivocally
provides that it should have been filed with the Municipal Trial
Court of Bacarra which exercises jurisdiction over the offense of
ADULTERY and also the place where the alleged adulterous act was
committed4. Thus, the dismissal of the instant case is warranted.

PRAYER

WHEREFORE, above premises considered, accused ALICIA

TABLA aka “ALICIA GRANDE” and WILL LARGA respectfully
prays that the instant case be DISMISSED for lack of jurisdiction over
the crime of ADULTERY.

Other just and equitable reliefs are equally prayed for.

28 February 2018. Laoag City, Philippines.

CALUMAG, GUERRERO & PASTOR LAW OFFICES

Counsel for Accused
#123 Brgy. 10 Laoag City, Philippines
(077)7712345 | email: cgplaw@gmail.com

3
Union Bank of the Philippines and Desi Tomas v. People, G.R. No. 192565, February 28, 2012
4
Section 15(a) of Rule 110, 2000 Revised Rules of Criminal Procedure
By: ATTY. ROZANNA BIANCA T. PASTOR
Roll No. 201809 – 5/03/2016
IBP No. 09773214 – 1/3/18
PTR No. 09773214 – 1/3/18
MCLE No. V-1234567 – 5/6/17

NOTICE OF HEARING

PROVINCIAL PROSECUTORS OFFICE

Ilocos Norte

THE CLERK OF COURT

Regional Trial Court Laoag City

Greetings: Please take notice that the foregoing Motion to

Dismiss shall be submitted for the consideration and approval of the
Honorable Court on March 7, 2018 at 7:30 PM, or as soon as counsel
and matter may be heard.

ATTY. ROZANNA BIANCA T. PASTOR

Copy Furnished:

PROVINCIAL PROSECUTORS OFFICE

Laoag City