Republic of the Philippines MUNICIPAL TRIAL COURT 7th JUDICIAL REGION BRANCH 2 Talisay City, Cebu
PEOPLE OF THE PHILIPPINES , Complainant,
- versus -
Criminal Case No. 14944 For: VIOL OF SECTION 93 OF R.A 10654
PABLO GENOVIA RESTAURO JR. and ERWIN LLANTO CASTOR , Accused. x ------------------------------------------ x OMNIBUS MOTION FOR PRELIMINARY INVESTIGATION W/ MOTION TO DEFER ARRAIGNMENT & TO SUSPEND PROCEEDINGS
COMES NOW, the accused, through counsel, in the above entitledcases unto this Honorable Court, most respectfully avers:
1.
That That the the insta instant nt case case was was filed filed by vir virtu tuee of an Inqu Inques estt Proce Proceedi edings ngs conduc conducted ted by Inques Inquestt Prosec Prosecuto utorr Maria Maria Alice Lim-Ingles on December 28, 2015;
2.
That That both both the the herei herein n accus accused ed only only lear learne ned d of the fili filing ng of the information after they received a Subpoena on January 21, 2016 issued by this Honorable Court on Janu Januar ary y 08, 08, 2016 2016 comm comman andi ding ng them them to appe appear ar on February 03, 2016 for the scheduled arraignment of this case ;
3.
That That it was was only only on Jan Janua uary ry 22, 22, 2016 2016,, that that the acc accus used ed engaged the services of the undersigned counsel ;
4.
That That the the here herein in accus accused ed faile failed d to subm submit it any coun counte terr affidavit or any controverting evidence on their behalf;
5.
That both the accused believed that if they will be given an opportunity to answer the charges against them, the resolution could have been different;
6.
That the accused most respectfully prays that a preliminary investigation for the instant case be conducted before the Office of the City Prosecutor of Talisay City, Cebu ;
7.
That this motion is not intended for delay but solely upon above-mentioned grounds.
WHEREFORE, premises considered, and in the interest of substantial justice it is humbly prayed that the instant Motion be granted and the records of the instant case be transmitted to the Office of the City Prosecutor of Talisay City for the conduct of Preliminary Investigation. Movant further prays for the deferment of the arraignment and for the suspension of proceedings pending resolution of preliminary investigation.
Other reliefs be granted as shall be deemed just and equitable in the premises January 26, 2016. Cebu City, Philippines (For Talisay City) RESPECTFULLY SUBMITTED.
THE LAW FIRM OF PIRAMIDE FAMOR JR CORPUZ PATIÑO & PIRAMIDE (Counsel of the Accused) Suite 222 C.S. Ladia Bldg., P. Del Rosario St., cor. Junquera St., Cebu City Tel No. (032) 254-0453
By:
JURIL B. PATIÑO Roll of Attorney No. 63966 April 27,2015 PTR OR No. 8513641/11/2016 IBP OR No. 1014806 01/05/16 Cebu City Chapter MCLE COMPLIANCE No. Exempt Email add:
[email protected]
NOTICE AND REQUEST FOR HEARING
The Branch Clerk of Court MTC BRANCH 2 Talisay City
Sir/Maam : Please calendar the foregoing Motion for hearing on February 05, 2016 at 10:30 o’clock in the morning or at the earliest possible calendar of this Honorable Court, sans personal appearance of undersigned counsel.
ATTY. JURIL B. PATI ÑO
Copy furnished: ATTY. MARIA ALICE C. LIM-INGLES Associate Prosecution Attorney II City Prosecutor’s Office Talisay City Cebu
