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    (Laurente) Motion To Defer Arraignment

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    kent rickx pede
    This document is a motion filed in the 3rd Municipal Circuit Trial Court in Tago, Surigao del Sur, Philippines requesting to defer the arraignment of Nicolas C. Laurente and Belen Laurente. The accused were charged with violation of the Code of Conduct and Ethical Standards for Public Officials and Employees. Previously, the court denied the accused's motion to quash/dismiss the information due to inordinate delay. The accused has now filed a motion for reconsideration arguing that unjustified delay with prejudice is grounds for inordinate delay. The motion requests to defer the scheduled arraignment on December 4, 2017 pending resolution of the motion for reconsideration to avoid an unnecessary proceeding if the court

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    (Laurente) Motion To Defer Arraignment

    Uploaded by

    kent rickx pede
    55 views4 pages
    This document is a motion filed in the 3rd Municipal Circuit Trial Court in Tago, Surigao del Sur, Philippines requesting to defer the arraignment of Nicolas C. Laurente and Belen Laurente. The accused were charged with violation of the Code of Conduct and Ethical Standards for Public Officials and Employees. Previously, the court denied the accused's motion to quash/dismiss the information due to inordinate delay. The accused has now filed a motion for reconsideration arguing that unjustified delay with prejudice is grounds for inordinate delay. The motion requests to defer the scheduled arraignment on December 4, 2017 pending resolution of the motion for reconsideration to avoid an unnecessary proceeding if the court

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    (laurente) motion to defer arraignment

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    This document is a motion filed in the 3rd Municipal Circuit Trial Court in Tago, Surigao del Sur, Philippines requesting to defer the arraignment of Nicolas C. Laurente and Belen Laurente. The accused were charged with violation of the Code of Conduct and Ethical Standards for Public Officials and Employees. Previously, the court denied the accused's motion to quash/dismiss the information due to inordinate delay. The accused has now filed a motion for reconsideration arguing that unjustified delay with prejudice is grounds for inordinate delay. The motion requests to defer the scheduled arraignment on December 4, 2017 pending resolution of the motion for reconsideration to avoid an unnecessary proceeding if the court

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    55 views4 pages

    (Laurente) Motion To Defer Arraignment

    Uploaded by

    kent rickx pede
    This document is a motion filed in the 3rd Municipal Circuit Trial Court in Tago, Surigao del Sur, Philippines requesting to defer the arraignment of Nicolas C. Laurente and Belen Laurente. The accused were charged with violation of the Code of Conduct and Ethical Standards for Public Officials and Employees. Previously, the court denied the accused's motion to quash/dismiss the information due to inordinate delay. The accused has now filed a motion for reconsideration arguing that unjustified delay with prejudice is grounds for inordinate delay. The motion requests to defer the scheduled arraignment on December 4, 2017 pending resolution of the motion for reconsideration to avoid an unnecessary proceeding if the court

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 4

    Republic of the Philippines

    11th Judicial Region


    3rd MUNICIPAL CIRCUIT TRIAL COURT
    - TAGO-SAN MIGUEL
    Tago, Surigao del Sur

    PEOPLE OF THE PHILIPPINES Criminal Case No. 7036-T


    Plaintiff,
    -versus- For: Violation of Section 8(a)
    in relation to Section 11 (a)
    of Republic Act No. 6713
    NICOLAS C. LAURENTE
    and BELEN LAURENTE
    Accused.
    X-------------------------------------------/
    MOTION TO DEFER ARRAIGNMENT

    ACCUSED, by counsel, respectfully states – THAT:


    1. On November 03, 2017, herein Accused filed a MOTION TO
    QUASH/DISMISS the Information of the above case based on
    INORDINATE DELAY in the investigation up to the filing of
    the case in court;
    2. In an ORDER dated November 13, 2017, this Honorable Court
    denied the above MOTION ruling that Inordinate Delay is not
    applicable since the violation is filed within the prescriptive
    period and the MOTION being a prohibited pleading under the
    Revised Guidelines for Continuous Trial of Criminal Cases;
    3. Accused then humbly submitted a MOTION FOR
    RECONSIDERATION of the Honorable Court ORDER
    pleading that (1) unjustified delay with concomitant prejudice
    to the Accused is enough for Inordinate Delay to apply and (2)
    the cited doctrine is consistent with the spirit and goal of the
    Revised Guidelines. The MOTION is yet to be determined by
    the court;
    4. Meanwhile, the Arraignment of the above case was set to be on
    December 04, 2017;
    5. However, Accused is of the view that it presented crucial and
    compelling issues in its MOTION FOR RECONSIDERATION
    as it avers not only a potential violation of a Constitutionally

    1
    guaranteed right but also the necessity of further prosecuting
    the case;
    6. Thus, without pre-empting the resolution of the court, to
    arraign the Accused this coming December 04, 2017, would just
    turn-out to be an exercise in futility in the best likelihood that
    the court finds merit to the position that INORDINATE DELAY
    is applicable; not to mention the collateral waste of time and
    resources of the court;
    PRAYER
    WHEREFORE, premises considered, it is most respectfully
    prayed unto this Honorable Court to defer the Arraignment
    scheduled this coming December 04, 2017 pending resolution of the
    MOTION FOR RECONSIDERATION.

    Other reliefs just and equitable under the circumstances are


    likewise prayed for.

    November 29, 2017. Tago, Surigao del Sur, Philippines.

    Respectfully submitted.

    DIAZ LAW OFFICE


    (Counsel for the Accused)
    Purok Sandiya, Victoria, Tago,
    Surigao del Sur
    Office Tel. No. 086-214-5816
    Mobile Phone: 09479615032
    E-mailadd:[email protected]

    By:

    ATTY. DANIEL L. DIAZ


    Roll No. 57741
    IBP No. 1063364 – 01/09/17
    Tandag, Suigao del Sur
    PTR No: 6618008 – 01/06/17
    Province of Surigao
    del Sur
    MCLE Compliance No. V-0013299

    2
    ATTY.RONALD I. MAGALLANO
    Roll No. 67773
    IBP O.R. No. 004231, 05-17-17,
    Surigao del Sur
    PTR No. 9290885, 07-21-2017,
    MCLE COMPLIANCE: Newly
    admitted to the Bar

    NOTICE OF HEARING

    The Clerk of Court


    3rd MCTC, Tago – San Miguel
    Surigao del Sur

    Pros. Florito G. Cuartero


    Provincial Prosecutor
    Office of the Provincial Prosecutor
    Tandag City, Surigao del Sur

    Office of the Ombudsman Mindanao


    25-327 Alvarez St, Poblacion District,
    Davao City, 8000 Davao del Sur

    Greetings!

    Please take notice that I am submitting the foregoing motion to


    the Honorable Court for its kind consideration and approval
    immediately upon receipt hereof sans appearance of counsel.

    ATTY. DANIEL L. DIAZ

    EXPLANATION
    The distance from the Office of the Counsel of the Accused to
    the Office of the Ombudsman prompted the service of a copy of this
    Motion for Reconsideration to the latter via registered mail.

    3
    ATTY. DANIEL L. DIAZ

    Copy furnished:

    Office of the Ombudsman Mindanao


    25-327 Alvarez St, Poblacion District,
    Davao City, 8000 Davao del Sur
    Date:
    Registry Receipt No. ______________

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