Ateneo Student Judicial Court Ateneo de Manila University - Loyola Schools Barangay Loyola Heights, Quezon City SITTING

AS THE IMPEACHMENT COURT IN THE MATTER OF THE IMPEACHMENT OF MARVIN LAGONERA AS SECRETARY-TREASURER OF THE SCHOOL OF SOCIAL SCIENCES SCHOOL BOARD, CHIEF PROSECUTOR CLYDE MARAMBA, PROSECUTORS BEATRIZ BEATO, ROBERT MARI IBAY, JULIA DARYL LENARZ, MAGDALENA MARIE PINEDA, JIEGO MICHAEL TANCHANCO, CRISTINE MARIE VILLARUEL, SPECIAL PROSECUTOR JAYVY GAMBOA, AND DEPUTY CLERK OF COURT PATRICK JOSEPH NG x---------------------------------------------------------------------------------------------------------x CONSOLIDATED MOTION FOR A BILL OF PARTICULARS AND FOR AN EXTENSION OF THE DEADLINE FOR REPLY AND/OR FILING OF MOTIONS

Secretary-Treasurer Marvin Lagonera (Mr. Lagonera), by counsels, and as a measure of caution dictated by the circumstances and the importance of this case, without waiving my right to file the appropriate legal remedy to answer, among others, the allegations contained in the complaints against me, respectfully states:

1.

That on 2 December 2013, Mr. Lagonera received a copy of the prosecutions complaint through the Clerk of Court dated the same day which states that:

The above-named petitioner(s) has filed a case against you in the Student Judicial Court. The document attached to this summons states the basis for this case. If you dispute the complaints lodged against you, you or your representative must file a written answer or motion within seventy-two (72) hours of your receipt of your notice. If you do not file a written answer or motion within the prescribed deadline the Court will decide on acceptance of the petition regardless of subsequent motions.

2.

However, certified copies of the Appendices and Affidavits, cited throughout the body of the main complaints, were not received together with the main complaint. Even if the prosecution indicated what they purported to be important parts of the affidavits and appendices in the main body of the complaint, the defense avers that Mr. Lagonera has the right to read the allegations against him and the basis thereof in full, in accordance with his right to due process. No less than Supreme Court of the Republic of the Philippines held in Mercado v. People:

The substance of the Footnote may not be the ratio decidendi of the case, but it still constitutes an important part of the decision since it enunciates a fundamental procedural rule in the conduct of appeals. That this rule is stated in a Footnote to a decision is of no consequence as it is merely a matter of style (emphasis ours).

RELIEFS WHEREFORE, Mr. Lagonera respectfully prays that this Honorable Student Judicial Court extends the deadline for at least five (5) days for the filing of replies and other motions regarding the complaints filed against me, this is to give myself and my counsel ample time to prepare our defense, given the expected high volume of documents pertaining to the case.

WHEREFORE, Mr. Lagonera likewise respectfully prays that all documents pertaining to all parts of the case, such as, but not limited to, affidavits (including those submitted to the prosecutors but not cited in the main complaints), appendices, the Rules of Court of the Student Judicial Court, official documents used by the prosecution (such as its own copy of the 2005 Sanggunian Constitution, as well as its own copy of other public documents used in the main complaints), and evidence be furnished to him through his counsel.

Mr. Lagonera further prays for such other relief as may be just and equitable under the premises.

Respectfully Submitted by Counsel for Mr. Lagonera.

(sgd.) ANDRE MIKO ALAZAS II AB-MA Political Science, Major in Global Politics Lead Counsel mikoalazas_13@yahoo.com Quezon City, 6 December 2013 Copies furnished: Clyde Maramba Chief Prosecutor Student Judicial Court Ateneo de Manila University - Loyola Schools Loyola Heights, Quezon City