URGENT EX-PARTE MOTION FOR EARLY RESOLUTION ACCUSED, through counsel, and unto this Honorable Court, most respectfully avers: 1. That on October 2, 2013, an Information for Murder was filed before this Honorable Court against herein accused; 2. That, after sensing the infirmity in the authority to approve and file information, herein accused filed a Motion to Quash on December 16, 2013 on the ground that the officer who filed the information had no authority to do so thereby conferring no jurisdiction upon the Court; 3. That herein accused further asserts that the facts alleged in the information do not constitute an offense; 4. That on December 20, 2013, this Honorable Court issued an Order requiring the prosecution to file comment or opposition to the instant motion within Ten (10) days from receipt thereof; 1
5. That, noticeably, the Ten (10) day period provided to the prosecution has already elapsed and the prosecution failed to file its comment; 6. That sometime on January 14, 2014, another verification was made with this Honorable Court if a comment or opposition has already been filed by the prosecution. However, herein accused was informed that as of that date no comment or opposition has ever been filed; 7. That the continued failure or refusal of the prosecution to file comment or opposition up to today despite the opportunity accorded is a blatant manifestation of its lack of interest to file the same; 8. That for expedient resolution of the issues raised therein, early resolution of the instant motion has become glaringly exigent; 9. That this motion is intended solely for the purpose alluded thereto. PRAYER WHEREFORE, forgoing premises considered, it is most respectfully prayed of this Honorable Court that the instant motion be resolved in the soonest possible time.
