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    Ex Parte Motion To Correct Warrant of Arrest

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    JasOn Evangelista
    The motion seeks to correct the arrest warrant for Joseph Scott Pemberton which was currently addressed to "Any officer of the law through the Department of Foreign Affairs". The motion argues that addressing the warrant this way could cause difficulties in implementing it and subject it to the DFA's interpretation rather than the court's authority. The motion requests that the arrest warrant be corrected to state "Any officer of the law and the Department of Foreign Affairs", making the DFA one of the parties involved in effecting the warrant rather than the sole party it is coursed through. This correction is argued to be consistent with usual practice and preserve the court's control over the matter.

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    © All Rights Reserved
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    Ex Parte Motion To Correct Warrant of Arrest

    Uploaded by

    JasOn Evangelista
    187 views6 pages
    The motion seeks to correct the arrest warrant for Joseph Scott Pemberton which was currently addressed to "Any officer of the law through the Department of Foreign Affairs". The motion argues that addressing the warrant this way could cause difficulties in implementing it and subject it to the DFA's interpretation rather than the court's authority. The motion requests that the arrest warrant be corrected to state "Any officer of the law and the Department of Foreign Affairs", making the DFA one of the parties involved in effecting the warrant rather than the sole party it is coursed through. This correction is argued to be consistent with usual practice and preserve the court's control over the matter.

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    Ex Parte Motion to Correct Warrant of Arrest

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    The motion seeks to correct the arrest warrant for Joseph Scott Pemberton which was currently addressed to "Any officer of the law through the Department of Foreign Affairs". The motion argues that addressing the warrant this way could cause difficulties in implementing it and subject it to the DFA's interpretation rather than the court's authority. The motion requests that the arrest warrant be corrected to state "Any officer of the law and the Department of Foreign Affairs", making the DFA one of the parties involved in effecting the warrant rather than the sole party it is coursed through. This correction is argued to be consistent with usual practice and preserve the court's control over the matter.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    187 views6 pages

    Ex Parte Motion To Correct Warrant of Arrest

    Uploaded by

    JasOn Evangelista
    The motion seeks to correct the arrest warrant for Joseph Scott Pemberton which was currently addressed to "Any officer of the law through the Department of Foreign Affairs". The motion argues that addressing the warrant this way could cause difficulties in implementing it and subject it to the DFA's interpretation rather than the court's authority. The motion requests that the arrest warrant be corrected to state "Any officer of the law and the Department of Foreign Affairs", making the DFA one of the parties involved in effecting the warrant rather than the sole party it is coursed through. This correction is argued to be consistent with usual practice and preserve the court's control over the matter.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 6

    REPUBLIC OF THE PHILIPPINES

    THIRD JUDICIAL REGION


    REGIONAL TRIAL COURT
    Branch 74, Olongapo City
    PEOPLE
    OF
    PHILIPPINES,

    THE
    Plaintiff,
    CASE NO. 865-14
    FOR: MURDER

    - versus L/CPL
    JOSEPH
    PEMBERTON,

    SCOTT

    Accused.
    x---------------------------------------x
    URGENT EX-PARTE MOTION
    FOR CORRECTION OF THE ARREST WARRANT
    PRIVATE COMPLAINANT MARILOU S. LAUDE, by
    counsel, respectfully files this Urgent Ex-Parte Motion for
    Correction of the Arrest Warrant, and states that:
    1. On 16 December 2014, the Honorable Court issued an arrest
    warrant against Accused Joseph Scott Pemberton in
    connection with the murder of Jeffrey Jennifer Laude.
    2. However, the arrest warrant for said Accused was addressed
    to Any officer of the law through the Department of Foreign
    Affairs (DFA), Pasay City (emphasis supplied).
    3. Consequently,
    there
    might
    be
    serious
    difficulties
    implementing the arrest warrant as it is addressed through
    the Department of Foreign Affairs (DFA), which is not a law
    enforcement agency.
    4. More importantly, coursing the arrest warrant through
    DFA may subject its service and implementation to
    DFAs interpretation of the legal circumstances of
    Accused,
    thus adversely affecting the power of
    Honorable Court to implement the said arrest warrant.

    the
    the
    the
    the

    5. What the arrest warrant unwittingly does is to give the DFA


    the exclusive and plenary powers to determine the propriety
    of its service to the Accused.
    6. But the rule is that it is still the Court that has control over
    any proceeding involving a jurisdictional matter brought
    before it, even if it may well involve the countrys relations
    with another foreign power. It is a legal and not a political
    question, properly belonging to the judicial branch and not to
    the political branch.
    7. A very illustrative point of this was the holding of the
    Supreme Court in Liang (Huefeng) v. People,1 to wit:
    First, courts cannot blindly adhere and take on its
    face the communication from the DFA that
    petitioner is covered by any immunity. The DFAs
    determination that a certain person is covered by
    immunity is only preliminary which has no binding
    effect in courts. In receiving ex-parte the DFAs
    advice and in motu proprio dismissing the two
    criminal cases without notice to the prosecution,
    the latters right to due process was violated. It
    should be noted that due process is a right of the
    accused as much as it is of the prosecution. The
    needed inquiry in what capacity petitioner was
    acting at the time of the alleged utterances
    requires for its resolution evidentiary basis that
    has yet to be presented at the proper time. At any
    rate, it has been ruled that the mere invocation of
    the immunity clause does not ipso facto result in
    the dropping of the charges. 2 (italics in the
    original, internal citations omitted)
    8. Further, as the civil action for the recovery of civil liability
    arising from the offense charged3 shall be deemed

    1
    2
    3

    G.R. No. 125865, Jan. 28, 2000.


    Id.
    Section 1, Rule 111 of the Revised Rules of Criminal Procedure.
    2

    instituted with the criminal action..,4 the arrest warrant in


    this criminal case is akin to the summons in a civil case.
    9. Hence, Private Complainant as the party to the civil action
    deemed instituted in this criminal action, respectfully prays
    that the Honorable Court ORDER the correction of the arrest
    warrant for Accused Joseph Scott Pemberton so that it states
    Any officer of the law and the Department of Foreign Affairs
    (DFA), Pasay City.
    10.
    This prayer is also consistent with usual court practice
    addressing arrest warrants to Any officer of the law.
    Further, rather than coursing said warrant through the DFA,
    said agency is made only one of the parties involved in
    effecting the warrant of arrest against PFC Pemberton.
    11.
    Moreover, this motion is urgently applied for since with
    the Christmas season there will be a series of legal holidays
    starting with 24 December 2014 wherein all the courts and
    government offices will be closed. These are exigent
    circumstances calling for the urgent consideration of this
    motion.

    PRAYER

    WHEREFORE, premises considered, it is respectfully prayed


    that the Honorable Court ORDER the correction of the arrest
    warrant for Accused Joseph Scott Pemberton so that it states
    Any officer of the law and the Department of Foreign Affairs
    (DFA), Pasay City.
    Other reliefs just and equitable under the premises are
    likewise prayed for.
    Makati City for Olongapo City, 17 December 2014.
    ROQUE & BUTUYAN LAW OFFICES
    Counsel for Private Complainant Marilou
    S. Laude
    4

    Id.
    3

    1904 Antel Corporate Center


    121 Valero Street, Salcedo Village
    Makati City
    Email: [email protected]
    Tel. Nos. 887-4445/887-3894;
    Fax No: 887-3893
    By:
    H. HARRY L. ROQUE, JR.
    Roll No. 36976
    PTR No. 4264493/Jan 30, 2014/Makati
    IBP No. 01749/Lifetime
    MCLE Exemption No. IV-000513
    (issued on Feb 15, 2013)

    ROMEL R. BAGARES
    Roll No. 49518
    PTR No. 4264492/Jan 30, 2014/Makati
    IBP No. 961461/Jan 29, 2014/Socsargen
    MCLE Compliance No. IV-0011822
    (issued on Jan 25, 2013)
    GILBERT TERUEL ANDRES
    Roll No. 56911
    PTR No.4264862/Jan. 30, 2014/ Makati
    IBP No. 961460/Jan. 29, 2014/Negros Occ.

    MCLE Compliance No. IV-0011824


    (issued on Jan. 25, 2013)
    By:

    14/Makati

    VIRGINIA LACSA SUAREZ


    Collaborating Counsel for Private
    Complainant LABOR ADVOCATES FOR
    WORKERS SERVICES (LAWS INC.)
    Roll No. 41145
    Lifetime IBP Member-LRN 05283
    (April 27, 2005)
    PTR # 4232794/01-07MCLE Compliance No. IV-0022951/7-62013
    3rd Floor MKP Bldg., No. 22 Libertad St.
    Mandaluyong City 1550
    CP/Tel.No.09088159923/531-07-86/87
    4

    NOTICE OF HEARING
    AND EXPLANATION

    THE HON. CLERK OF COURT


    Regional Trial Court
    Branch 74, Olongapo City
    PROS. EMILIE FE. M. DELOS SANTOS
    Counsel for the People
    City Prosecution Office
    Olongapo City, Zambales

    ATTY ROWENA GARCIA FLORES and


    ATTY. BENJAMIN TOLOSA, JR.
    Counsel for Accused Joseph Scott Pemberton
    9k The Fort Residences
    30th cor. 2nd Avenue
    Burgos Circle
    Bonifacio Global City
    0399 Taguig
    Metro Manila
    Please take note that the undersigned counsel will
    submit the foregoing Urgent Ex-Parte Motion for Correction
    of the Arrest Warrant for the consideration and approval of
    5

    the Honorable Court immediately upon receipt, with waiver


    of appearance and without further arguments due to the
    urgency of the matter being raised.
    Also, due to the shortage of messengerial services, time
    constraint, and distance, this Urgent Ex-Parte Motion for
    Correction of the Arrest Warrant is being served to other
    parties by registered mail in accordance with Section 11,
    Rule 13 of the Revised Rules of Court.

    GILBERT TERUEL ANDRES

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