The accused, Jay-R Tampoya y Bibid, through counsel from the Public Attorney's Office, filed a manifestation and motion requesting to be re-evaluated for fitness to stand trial. The court had previously ordered evaluations and potential confinement in a mental institution due to concerns about the accused's mental condition, but these orders were not carried out. The motion asks that the accused now be evaluated at the Baguio General Hospital and Medical Center, and if confinement is needed, that it occur there rather than the originally ordered facility. A hearing is scheduled on the motion for February 22, 2021.
The accused, Jay-R Tampoya y Bibid, through counsel from the Public Attorney's Office, filed a manifestation and motion requesting to be re-evaluated for fitness to stand trial. The court had previously ordered evaluations and potential confinement in a mental institution due to concerns about the accused's mental condition, but these orders were not carried out. The motion asks that the accused now be evaluated at the Baguio General Hospital and Medical Center, and if confinement is needed, that it occur there rather than the originally ordered facility. A hearing is scheduled on the motion for February 22, 2021.
The accused, Jay-R Tampoya y Bibid, through counsel from the Public Attorney's Office, filed a manifestation and motion requesting to be re-evaluated for fitness to stand trial. The court had previously ordered evaluations and potential confinement in a mental institution due to concerns about the accused's mental condition, but these orders were not carried out. The motion asks that the accused now be evaluated at the Baguio General Hospital and Medical Center, and if confinement is needed, that it occur there rather than the originally ordered facility. A hearing is scheduled on the motion for February 22, 2021.
The accused, assisted by the Public Attorney’s Office (PAO), through the undersigned counsel, unto this Honorable Court most respectfully states that:
1. In its Resolution dated September 13, 2017, the Honorable
Court favorably acted upon the Motion to Suspend Proceedings filed by Public Attorney Marte Sabelo, alleging the accused’s unsound mental condition which renders the said person unfit to stand trial. Thus, in the same order, the Honorable Court ordered the accused to be confined at the National Mental Health in Mandaluyong City;
2. The said Order was reiterated by the Honorable Court in its
Order dated July 11, 2018 where it directed the Jail Warden of the BJMP to render report as to whether the accused was transferred for confinement at the said mental institution. It likewise ordered the Chief of the said hospital to render report as to the mental condition of the above-accused;
3. Unfortunately for the accused, he was never transferred to
the said mental institution despite of the said Orders. Hence on July 11, 2019, the Honorable Court, in its Order dated on even date,ordered that the case be ARCHIVED, to be revived only after the submission of the reports from the BJMP and the Chief of National Mental Hospital; 4. To date, the accused is still detained at the BJMP as evidenced by his Certificate of Detention hereto attached for easy reference;
5. In view of the same, the accused hereby prays that he be re-
evaluated and re-examined at the Baguio General Hospital and Medical Center in Baguio, City to determine whether he is fit to stand the rigors of trial;
6. Should there be a need for his confinement in a mental
institution, the accused begs for the compassion of the Honorable Court and prays that he be confined at the Baguio General Hospital and Medical Center in Baguio City to afford his relatives, who are residents of Sison, Pangasinan, to visit him without difficulty;
WHEREFORE, premises considered, it is most respectfully
prayed of this Honorable Court that the accused be re-evaluated and re-examined at the Baguio General Hospital and Medical Center in Baguio, City.
It is likewise prayed of the Honorable Court that the accused
be confined at the Baguio General Hospital and Medical Center in Baguio City for humanitarian consideration should there be a need for the accused’s confinement in a mental institution.
Other reliefs which are just and equitable in the premises are also prayed.
Urdaneta City, Pangasinan. February 17, 2021.
PUBLIC ATTORNEY’S OFFICE
Urdaneta City District Office Hall of Justice, Urdaneta City Pangasinan
BY: ATTY. JIM JOEL N. SANTOS
Public Attorney II IBP Lifetime No. 014930 Pampanga Chapter Roll No. 65940 MCLE Compliance No. VI – 0012051 NOTICE OF HEARING
The Branch Clerk of Court
RTC, Branch 48 Urdaneta City, Pangasinan
GREETINGS!
Please take notice that the foregoing Manifestation and Motion
shall be submitted for the consideration and approval of the Honorable Court on February 22, 2021 at 9:30 a.m.
James Walker, A/K/A James B. Walker, JR., and Della Palmore Walker, A/K/A Della M. Palmer Walker v. Bruicie Walker, James Irvin Walker and Clyde Arial Walker, 295 F.2d 35, 4th Cir. (1961)