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-versus-
of
Field
Sobriety,
Chemical
and
Thus, the failure of the arresting officers to conduct field sobriety nay
resort to the mandatory determination of the accused blood alcohol
concentration level using a breath analyzer or similar measuring instrument
or to offer any evidence other than their self-assessment and evaluation that
is a manifestation of how remiss they are as to their responsibility to
implement the law.
The absence of any liquor test examination to support that
accused Loguibers blood alcohol concentration has reached the level of
intoxication clearly warrants the dismissal of this case. The arresting
officers speculation and conjecture that accused Loguiber was driving under
the influence of alcohol is frail enough to prove that the latter has violated
R.A 10586.
The warrantless arrest of the accused did not fall in any of the
exceptions provided by law for a lawful arrest without warrant. Accused was
not actually committing, has committed or is attempting to commit a crime
in their presence. In fact, the arresting officers were present in the place
where they arrested the accused because they responded to the report of the
private complainant of vehicular accident. However, there was no traffic
accident sketch supporting the fact of the accident. Verily, the police officers
have no probable cause based on personal knowledge of facts and
circumstances that accused was probably guilty of reckless imprudence
resulting to damage to property. What they did was to heed to the request of
the private complainant to arrest the accused because the private
complainant will be filling a case against the accused. This only shows
partiality and biases of the arresting officer in favor of the private
complainant to the expense of violating the guaranteed constitutional right to
due process of the accused before the latter can be deprived of his liberty.
The Inquest Prosecutor
Haphazardly filed the information
sans examination of the documents
to establish probable cause
It bears stressing that the inquest prosecutor has the duty to carefully
examine the documents submitted to sufficiently establish the findings of
probable cause and to warrant the filing of the information in court. Under
Sec 11, Part 2 of Department of Justice Manual for Prosecutors it provides :
SEC. 11. Inquest proper.- Where the detained person does not opt for
a or otherwise refuses to execute the required waiver, proceed with the
inquest by examining the sworn the complainant and the witnesses and
other supporting
If necessary, the Inquest Officer shall require the presence of the
complaining witnesses and subject them to an informal and summary
investigation or examination for purposes of determining the existence of
probable cause.(Italics Supplied)
Thus, when the inquest prosecutor filed the information for violation
of R.A 10586 despite the absence of a liquor test examination or any
material proof thereof to prove that the accused blood alcohol concentration
has reached the level of intoxication and is liable of driving under the
influence of alcohol, it cannot be gainsaid that the prosecutor haphazardly
filed the information though there was no probable cause to charge the
accused.
RESPECTFULLY SUBMITTED.
LOON CORPUZ PATIO AND ASSOCIATES
(Counsel of the Accused)
G/F GMC Plaza Bldg. Legaspi Extension
corner M.J Cuenco St, Cebu City, Philippines
Tel No. (032) 254-0453
By:
JURIL B. PATIO
Roll of Attorney No. 63966 April 27,2015
PTR OR No. 707854 5-06-15
IBP OR No. 0997508 4-27-15 Cebu City Chapter
MCLE COMPLIANCE No. Exempt-New Passer
Email add: juril.patino@yahoo.com
HABEAS CORPUZ
Roll of Attorney No. 62850 May 06,2014
PTR OR No. 599058 January 07,2015 Cebu City
IBP OR No. 966627 January 7,2015 Cebu City Chapter
MCLE COMPLIANCE No. Exempt-New Passer
Email add: writofhabeascorpuz@gmail.com
NOTICE OF HEARING
REQUEST
Clerk of Court
Municipal Trial Court
San Fernando, Cebu
Please submit the foregoing Motion for Judicial Determination of
Probable Cause with Prayer for Outright Dismissal of this Case for the
Courts consideration immediately upon receipt thereof.
Juril B. Patio
EXPLANATION
Copy of this Motion for Judicial Determination of Probable Cause
with Prayer for Outright Dismissal of this Case is made through registered
mail due to lack of personnel to effect personal service.
Copy Furnished :
Hon. Pepita Jane E. Petralba
Provincial Prosecutor
Province of Cebu
Office of the Provincial Prosecutor
Capitol Site, Cebu City