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Motion To Defer

This document is a motion filed in the Municipal Trial Court of Benguet Province to defer the proceedings in the criminal case of The People of the Philippines versus ABCDE Layad for serious physical injuries. The motion requests to suspend the scheduled arraignment and pre-trial on April 5th as the accused had filed a petition for review on March 25th of the prosecutor's joint resolution, which has yet to be resolved. Under Section 11(c) of Rule 116, proceedings must be suspended when a petition for review of the prosecutor's resolution is pending, for no longer than 60 days from the filing of the petition. The suspension will allow the accused to prove the charges should not have been filed.

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Ryden Doculan Pascua
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716 views2 pages

Motion To Defer

This document is a motion filed in the Municipal Trial Court of Benguet Province to defer the proceedings in the criminal case of The People of the Philippines versus ABCDE Layad for serious physical injuries. The motion requests to suspend the scheduled arraignment and pre-trial on April 5th as the accused had filed a petition for review on March 25th of the prosecutor's joint resolution, which has yet to be resolved. Under Section 11(c) of Rule 116, proceedings must be suspended when a petition for review of the prosecutor's resolution is pending, for no longer than 60 days from the filing of the petition. The suspension will allow the accused to prove the charges should not have been filed.

Uploaded by

Ryden Doculan Pascua
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT


FIRST JUDICIAL REGION
BENGUET PROVINCE

THE PEOPLE OF THE PHILIPPINES,


Plaintiff,
-versus- CRIM. CASE NO. R-18676
For: SERIOUS PHYSICAL
INJURIES

ABCDE LAYAD,
Accused.
x---------------------------------------------x

MOTION TO DEFER PROCEEDINGS

ACCUSED, ABCDE LAYAD, thru counsel and unto this Honorable


Court respectfully alleges:

1. That arraignment and Pre-Trial in the above entitled case has been
set on April 05 at 8:30 in the morning;

2. That on March 25, 2018, Accused filed a petition for review in


relation to the Joint Resolution issued by the Honorable Investigating
prosecutor, of which the honorable court was duly furnished a copy thereof;

3. That the above Petition for Review has not been resolved to date;

4. That under Section 11 (c), Rule 116 of the revised rules of Criminal
Procedure, to wit:

“Section 11. Suspension of arraignment. – Upon motion by the


proper party, the arraignment shall be suspended in the
following cases:
(a) xxxxxx
(b) xxxxxx
(c) A petition for review of the resolution of the prosecutor is
pending at either the Department of Justice, or the Office of the
President; provided that the period of suspension shall not
exceed 60 days counted from the filing of petition with the
reviewing office.
5. That the suspension of proceedings will afford the accused the
opportunity to prove that the charge should not have been filed in the first
place.

WHEREFORE, premises considered, it is most respectfully prayed


that the Arraignment and Pre-Trial in the present case be suspended.

April 03, 2018. Baguio City.

NOTICE

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