Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

__ Judicial Region
Branch _ , ______ City
PEOPLE OF THE PHILIPPINES,
CRIM. CASE. NO. 152,884-FC-2014
FOR: ADULTERY
-versusA &B
Accused.
x -------------------------------------- x

OPPOSITION TO THE
MOTION FOR RECONSIDERATION OF THE ACCUSED
COMES NOW Plaintiff, C, by the undersigned counsel, unto this
Honorable Court, most respectfully alleges, to wit:
1. That on April 15, 2013, the Honorable Court issued an order
which stated:
Wherefore, the cash bond posted by
accused B is hereby ordered CANCELLED and
FORFEITED and LET WARRANT OF ARREST BE
ISSUED against him fixing a bail of
P12,000.00 for his provisional liberty.
(emphasis supplied)
2. That on April 29, 2013, duly receipted by herein counsel last
May 16, 2013, Atty. M filed a Motion for Reconsideration to
the said order of the Honorable Court, stating the following
as basis thereof, to wit:
That accused B NOT BEING REPRESENTED
BY COUNSEL DID NOT KNOW THE SCHEDULE
OF THE PRE-TRIAL OF THE CASE. He was only
aware when his sister was informed by
counsel of other accused that a hearing was
conducted xxx (emphasis supplied)

3. That alongside the Motion for Reconsideration, a Notice of

Entry of Appearance was submitted by Atty. M as the legal
representation of herein accused B;
4. That it is respectfully pointed out at this juncture that Atty. M
has been the legal representation of accused B even at the
prosecutory level;
5. That when accused B submitted his Counter-Affidavit and
Motion to Dismiss both dated DECEMEBER 19, 2011, he
was already duly represented by Atty. M himself. Attached
hereto as Annexes A and B are the copies of the
Counter-Affidavit and Motion to Dimiss, respectively;
6. That it is likewise worthy to note that the Notice of
Appearance of Atty. M for and in behalf of accused B has
been duly signed and conformed to by accused himself
way back in APRIL 16, 2013;
7. That the foregoing glaring inconsistencies completely negate
the statement of Atty. M during the hearing last April 15,
2013, to wit:
ATTY. M:
As of this moment have not yet secured
Special Power of Attorney from the accused.
THE COURT:
From the two accused?
ATTY. M:
During arraignment Your Honor I
represented accused because B has no
lawyer Your Honor. He was about to be
arraigned. I represented him also during the
arraignment. For today, I believe I am only
representing A. I only represent accused B on
arraignment purposes only Your Honor.
xxx

xxx

xxx

THE COURT:
As of now you are not appearing for
him?
ATTY. M:
Yes Your Honor.

(TSN, April 15, 2016, pages 3-4)

8. That accused Bs none appearances before this Honorable
Court was done in total and wreckless disregard of the
honorable processes of the Court to the utter prejudice of
herein private complainant C and the due processes afforded
him by our laws;

PRAYER
WHEREFORE, it is most respectfully prayed of this
Honorable Court that the Motion for Reconsideration filed for
Atty. M in behalf of the accused not be given due course and
the Order dated April 15, 2013 cancelling and forfeiting the
cash bail bond and issuing the Warrant of Arrest for accused
B be upheld.
Davao City, May 27, 2013.