Republic
of the Philippines
Metropolitan Trial Court
National Capital Judicial Region
Branch 69, Pasig City
People of the Philippines,
-versus- M-PSG-20-01187-CR
For: Serious Physical Injuries
Ardy Vicario y Paller,
Bryan Genita y Lagata,
Ranny Janer y Angerra,
Accused.
x-------------------------------------------x
COMMENT / OPOSITION TO PROSECUTION’S URGENT
MOTION FOR RECONSIDERATION
(Re: Resolution dated March 02, 2022)
The accused, through the undersigned counsel and unto this
Honorable Court, most respectfully moves to wit:
1. On March 30, 2022, the undersigned counsel received via
registered mail a copy of the Private Prosecutor’s Urgent
Motion for Consideration on the Resolution of this Honorable
Court dated March 02, 2022, denying the Private Prosecutor’s
Urgent Motion with Leave of Court for Additional Witness;
2. The accused, through counsel, hereby interpose their
objection to the motion of the prosecution.
3. The accused would like to reiterate their ground for
opposition, that the pre-trial was already terminated, and as a
matter of procedure, all witnesses should have been named or
reserved thereon;
4. A.M. No. 03-1-09-SC, sec. I(A)(2) provides for the Guidelines
to Observed in Pre-rial to wit:
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2. The parties shall submit, at least three (3) days before the
pre-trial, pre-trial briefs containing the following:
....
d. The documents or exhibits to be presented, stating the
purpose thereof. (No evidence shall be allowed to be
presented and offered during the trial in support of a
party's evidence-in-chief other than those that had been
earlier identified and pre-marked during the pre-trial,
except if allowed by the court for good cause shown) [.]
5. It was clear from the above guidelines that all evidences and
or all witnesses should have been named or reserved thereon,
and as admitted by the Private Prosecutor, both the
prosecution and defense have made no reservation of
additional witnesses;
6. Also, the Private Prosecutor did not raise new issues on his
Motion for Reconsideration but only a mere rehash of his then
Motion for Additional Witness;
7. Furthermore, as stated in the prosecution’s motion for
reconsideration, it was only after the June 27, 2021 incident
which is the matter in another case of one of the herein
accused Ardy Vicario Paler, the Private Complainant suffered
trauma;
8. And that the additional witness Clinical Psychologist was
named as a witness in that pending case, hence, the accused
herein cannot see the good cause of the inclusion of the same
witness in the above-titled case, but a mere violation the right
of the accused to a speedy trial and to a speedy disposition of
the case against him.
9. The accused, however, will submit to the sound discretion of
this Honorable Court;
PRAYER
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WHEREFORE, premises considered, it is most respectfully
prayed that;
1. The opposition to the Urgent Motion for Consideration on
the Resolution of this Honorable Court dated March 02, 2022 be
admitted; and
2. The Resolution of this Honorable Court dated March 02, 2022
be affirmed.
Such other reliefs just and equitable under the premises are
likewise prayed for.
Pasig City, 06 April 2022.
___________________________ _________________________
MA. JHESA M BASTALIÑO FLOZERFIDA R. CORTEZ
LSP Level 2 Cert. No. LSP Level 2 Cert. No.
ACANCJR2-MND-2021-007 ACANCJR2-MND-2021-012
bma.jhesa@gmail.com flozerfidacortez@gmail.com
09175051816 09297752181
____________________________
ROCHELLE O MARQUESES
LSP Level 2 Cert. No. ACANCJR2-
MND-2021-023
marquesesrochelle03041991@gmail.com
09564274746
Supervised by:
___________________________
ATTY. DAN JOSEPH T. CRUZ
Supervising Lawyer
Integrated Bar of the Philippines, Rizal Chapter
4 Floor IBP Bldg. Julia Vargas Ave., Ortigas, Pasig City
th
danjtcruz@gmail.com; 0999-956-1885
Roll of Attorneys No. 63386
PTR No. 7206606 / 01.05.21 / Pasig City
IBP Lifetime Member No. 018356
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MCLE Compliance No. VI-0004672 / 12.05.17
Conforme:
______________________________
Bryan Genita y Lagata
Accused
______________________________
Ardy Vicario y Paller
Accused
NOTICE
The Branch Clerk of Court
MeTC Branch 69, Pasig City
Prosec. Reuben T. Briones
Office of the City Prosecutor
Atty. Gabriel Corton
Private Prosecutor
Greetings!
Kindly submit the foregoing Manifestation / Comment with
Motion for Reconsideration for the kind consideration of the
Honorable Court immediately upon receipt thereof.
_____________________________
ATTY. DAN JOSEPH T. CRUZ
Copy Furnished:
Prosec. Reuben T. Briones
Office of the City Prosecutor
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Hall of Justice, Pasig City
Atty. Gabriel Corton
Private Prosecutor
# 203 Dr. Fabella Street, Brgy. Plainview
Mandaluyong City
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