REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
11th Judicial Region
Branch 47
Alabel, Sarangani Province
PEOPLE OF THE PHILIPPINES
Plaintiff,
FOR:
-VS- QUALIFIED THEFT (ART. 310,
IN RELATION TO ART 319,
R.P.C. AS AMENDED)
VANNY DOMINGO, BETTY
DOMINGO, AND HIPOLITO
BALANAY
Accused.
x-------------------------------------------x
CRIM CASE NO. 03010-22
URGENT MOTION TO SUSPEND ARRAIGNMENT
PURSUANT SECTION 11, PARAGRAPH C, RULE 116,
RULES OF CRIMINAL PROCEDURE
COMES NOW, accused though undersigned counsel unto this Honorable
Court respectfully submits this motion and avers THAT:
1. Accused are the respondents in the complaint filed before the Office
of the Provincial Prosecutor, Alabel, Sarangani Province docketed as NPS DOC.
NO. XII-07-INV-22G – 00333 for qualified theft, grave coercion, grave threat,
and grave oral defamation;
2. The above-mentioned complaint was resolved against the accused and
the information has been filed with this Honorable Court. But as to date, accused
has not yet received a copy of the adverse resolution from the Office of the
Provincial Prosecutor. But surely, accused, upon receipt of said resolution, would
avail of the remedy provided for under Department Circular No. 70, otherwise
known as the 2000 NPS Rule on Appeal, of the Department of Justice, as modified
by Department Circular No. 027;
3. Section 1 of the said Rule on Appeal, states:
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Motion to Suspend Arraignment
“SECTION 1. Scope. - This Rule shall apply to appeals from
resolutions of the Chief State Prosecutor, Regional State
Prosecutors and Provincial/City Prosecutors in cases subject of
preliminary investigation/ reinvestigation.”
4. Moreover, accused respectfully manifest that they are bent on
exhausting the remedy available in the ordinary course of law in order to defend
themselves without going through the rigorous trial in court. As such, they will
appeal the adverse resolution in accordance with Section 2, Department Circular
No. 70, otherwise known as 2000 NPS Rule on Appeal, which states:
“SECTION 2. Where to appeal. An appeal may be brought to the
Secretary of Justice within the period and in the manner herein
provided.”
5. Furthermore, in view of the foregoing, accused humbly request for the
suspension of arraignment as warranted under the Rules on Criminal. Section
11(c), Rule 116, thereof provides:
“SEC. 11. Suspension of Arraignment. – Upon motion by the party,
the arraignment shall be suspended in the following cases:
xxxx.
(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
sixty (60) days counted from the filing of the petition with the
reviewing office.”
WHEREFORE, premises considered, it is respectfully prayed that
arraignment in the instant criminal case be SUSPENDED pursuant to Section
11(c), Rule 116, of the Rules on Criminal Procedure.
FURTHER, the accused respectfully prays for such and other reliefs as may
deem just and equitable under the premises.
10 October 2022, General Santos City for Sarangani Province.
RESPECTFULLY SUBMITTED.
CLEMENTE A. PANGANDUYON
Counsel for the Petitioner
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Motion to Suspend Arraignment
Roll No. 72479/14June2019/MM
MCLE Compliance No.: VII-0014243
IBP No. 183475/03Jan2022
PTR No. 0032295/03Jan2022
3rd Floor, C. CZAR & Co. Building,
(beside Eastwest Bank), Santiago Blvd.,
General Santos City
Cell. No. 09153560224
clementepanganduyon@gmail.com
NOTICE OF HEARING
The Receiving Clerk
Municipal Circuit Trial Court
Glan-Malapatan
Office of the Provincial Prosecutor
Alabel, Sarangani Province
Sir/Madam:
Greetings! We shall present the foregoing motion to the Court on 21 October
2022 or at any available time of this court’s calendar. The adverse parties are
SERVED copies of this pleading. Thank you.
CLEMENTE A. PANGANDUYON
Copy furnished:
ENREQUE B. YAP, JR.
Private Complainant
Poblacion, Glan, Sarangani Province
Registry Receipt No.: _______________
Date: ____________________________
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Motion to Suspend Arraignment
THE PROVINCIAL PROSECUTOR
Office of the Provincial Prosecutor
Alabel, Sarangani Province
(Personal Service)
EXPLANATION
(in accordance with Section 7 of Rule 13 of
the 1997 Revised Rules of Civil Procedure)
The foregoing Motion is being served on the via registered mail, personal
service not being practicable, due to distance and the lack of personnel to effect
personal service.
CLEMENTE A. PANGANDUYON
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Motion to Suspend Arraignment
