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  • Motion Suspend (Lomibao)

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    Patricia Castro
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    The defense counsel has recently been engaged in the case. She is entering her appearance and requests copies of all orders. She also files a motion to suspend the arraignment scheduled for May 11 and hold proceedings in abeyance. This is to allow time to file a motion for reconsideration of the resolution finding probable cause, which was received on May 2. Suspending the proceedings will prevent the motion for reconsideration from becoming moot. The defense intends to file the motion within the

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    The defense counsel has recently been engaged in the case. She is entering her appearance and requests copies of all orders. She also files a motion to suspend the arraignment scheduled for May 11 and hold proceedings in abeyance. This is to allow time to file a motion for reconsideration of the resolution finding probable cause, which was received on May 2. Suspending the proceedings will prevent the motion for reconsideration from becoming moot. The defense intends to file the motion within the

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    © All Rights Reserved
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    60 views3 pages

    Motion Suspend (Lomibao)

    Uploaded by

    Patricia Castro
    The defense counsel has recently been engaged in the case. She is entering her appearance and requests copies of all orders. She also files a motion to suspend the arraignment scheduled for May 11 and hold proceedings in abeyance. This is to allow time to file a motion for reconsideration of the resolution finding probable cause, which was received on May 2. Suspending the proceedings will prevent the motion for reconsideration from becoming moot. The defense intends to file the motion within the

    Copyright:

    © All Rights Reserved
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    of 3

    Republic of the Philippines

    MUNICIPAL TRIAL COURT IN CITIES


    First Judicial Region
    BRANCH 1
    Baguio City

    PEOPLE OF THE PHILIPPINES,


    Plaintiff,

    - versus - CRIM. CASE No. 136305

    KIT MAPANAO, JULIAN LOMIBAO


    and CARMEN LOMIBAO,
    Accused.
    x--------------------------------------------------x

    NOTICE of APPEARANCE with


    URGENT MOTION to SUSPEND PROCEEDINGS

    ACCUSED, through the undersigned counsel, unto this Honorable


    Court, most respectfully states that:

    BY WAY OF ENTRY OF APPEARANCE

    1) The services of the undersigned counsel was just recently


    engaged by the accused, thus she is entering her appearance as
    counsel for all of the accused in the above-entitled case;

    2) Henceforth, she requests that all copies of Orders and other


    processes be furnished to her office address as indicated below;

    BY WAY OF MOTION

    3) The arraignment of the accused is set on 11 May 2017 at


    8:30 o’clock in the morning. A copy of the order was received on
    05 May 2017;

    4) The basis in filing the present Information is the Resolution


    issued by the Office of the City Prosecutor of the City of Baguio
    dated 12 April 2017, which was received by herein accused last 02
    May 2017, the dispositive portion of which reads as follows:

    “WHEREFORE, the undersigned finds PROBABLE


    CAUSE against Respondents Julian Lomibao, Carmen Lomibao,

    1|Page
    and Kit Mapanao of the crime of Serious Disobedience upon an
    Agent of a Person in Authority for disobeying a lawful order while
    the Complainant was in the performance of his duties and
    recommends that they be indicted and prosecuted under the
    corresponding attached Information for approval.”;

    5) The time to file a Motion for Reconsideration of a resolution


    adverse to the respondents is within ten (10) days from receipt of
    the assailed resolution1, i.e. until 12 May 2017;

    6) The accused fully intend to file a Motion for Reconsideration


    within the reglementary period, which has not yet expired;

    7) It is humbly manifested that the filing of a motion for


    reconsideration is an integral part of the preliminary investigation
    proper and that the denial thereof is tantamount to a denial of the
    right itself to a preliminary investigation2;

    8) In order not to render the Motion for Reconsideration to be


    filed by herein accused moot and academic, accused most
    respectfully move that their arraignment scheduled on 11 May 2017
    be deferred and/or the proceedings of the above-entitled case be
    held in abeyance until resolution of the said Motion for
    Reconsideration;

    9) The present motion is filed not for the purpose of delaying


    the instant case, rather to aid in its early disposition.

    PRAYER

    WHEREFORE, premises considered, it is most respectfully


    prayed of this Honorable Court that the arraignment of the accused on 11
    May 2017 and/or the proceedings in the present case be deferred or
    suspended until the resolution of the Motion for Reconsideration to be
    filed by herein accused.

    Other reliefs, just and equitable, are likewise prayed for.

    This 10th day of May 2017, in the City of Baguio, Philippines.

    A B S LAW OFFICES
    Suite 305, Laperal Building
    Session Road, Baguio City
    1
    Section 2, DOJ Order No. 223.
    2
    Torralba vs. Sandiganbayan, G.R. No. 101421, 10 February 1994; Sales vs. Sandiganbayan, G.R. No.
    143802, 16 November 2001.
    2|Page
    Tel No. (074) 442-8243

    By:

    PATRICIA MARIE FRANCES D. CASTRO


    PTR No. 2882577/12.19.2016/Baguio City
    IBP Life No. 012653/04.04.2014/Baguio City
    MCLE Compliance No. V – 0002740/06.14.2013
    Roll No. 63622

    NOTICE

    The BRANCH CLERK of COURT


    MTCC – Branch 1, Baguio City

    Greetings:

    Please submit the foregoing Motion for the consideration and


    approval of the Honorable Court immediately upon receipt hereof.

    PATRICIA MARIE FRANCES D. CASTRO

    Copy furnished:

    OFFICE OF THE CITY PROSECUTOR


    Justice Hall, Baguio City

    3|Page

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