Republic of the Philippines

REGIONAL TRIAL COURT

Branch _
8 Judicial Region
th

Bulwagan ng Katarungan
Magsaysay Blvd., Tacloban City
-oOo-

PEOPLE OF THE PHILIPPINES, Crim. Case No. R-TAC-18-00052-

Plaintiff, CR

-versus- FOR: QUALIFIED THEFT

__________________________.
Accused.
x----------------------------------x

URGENT
MOTION FOR REINVESTIGATION AND/OR TO CONDUCT PRELIMINARY
INVESTIGATION AND TO SUSPEND PROCEEDINGS WITH PRAYER TO LIFT
WARRANT OF ARREST

COME NOW, accused in the above-entitled case, by the Public

Attorney’s Office and unto this Honorable Court, most respectfully aver:

Prefatory Statement

The essence of due process is distilled in the immortal cry of

Themistocles to Eurybiades: "Strike, but hear me first!" Less dramatically, it
simply connotes an opportunity to be heard.

1. That, the officers’ returns of service of Babatngon Police Station

attached to the records show that it was only on 22nd, 23rd, and 26th
day of November 2017 that accused Ursula Valera, Joel Bito, and
Randy Voces received the Subpoena coming from the Office of the
Provincial Prosecution of Leyte, respectively, to answer the complaint
of complainant Bella Coritana Saballa;
2. That, the accused submitted their counter-affidavits with their
documentary pieces of evidence hoping that case filed against
them would be dismissed;
3. That, on the 5th and 6th day of March 2018, accused received a
RESOLUTION of the Office of the Provincial Prosecution of Leyte
 finding probable cause for the filing of Qualified Theft of Coconuts
against them;
4. That, the handling prosecutor did not take into account the counter-
affidavits of the accused on the premise that “A subpoena was issued
to the herein respondents on October 10, 2017 to submit their counter-
affidavit. However, as of this writing of this resolution no counter
affidavit or any countervailing evidence was submitted…” Hence,
the complaint was resolved based on the uncontroverted pieces of
evidence;
5. That, the first page of the RESOLUTION shows that the preliminary
investigation was resolved on “Date Resolve: November 11, 2017.
6. That, the RESOLUTION was signed by handling prosecutor, reviewed
by Acting Reviewing prosecutor and approved by Provincial
Prosecutor on November 20, 2017;
7. That, the only conclusion that can be drawn out is that the accused
received their respective subpoena after the alleged preliminary
investigation was already resolved, thereby avoiding their
countervailing evidence;
8. That, today the accused learned that a warrant of arrest was already
issued by the Honorable Court;
9. That this motion is not intended to delay the proceeding of the above
case but to secure the herein accused against hasty, malicious, and
oppressive prosecution; to protect them from an open and public
accusation of crime, from trouble, expense and anxiety of a public
trial; to protect the State from useless and expensive trials, and finally
to afford the parties speedy resolution of their case.

WHEREFORE, in the interest of justice and to comply with the right to

due process, it is most respectfully prayed of this Honorable Court that an
order be issued directing the Office of the Provincial Prosecution of Leyte
to conduct a reinvestigation or preliminary investigation of the instant case;
and in the meantime, defer or suspend the proceeding of the case and lift
the Warrant of Arrest until termination of the said reinvestigation or
preliminary investigation.

Accused further pray for such other relief and remedies which may
be deemed just and equitable under the premises.

Tacloban City, 7 March 2018.

THE ____________________
 (Counsel for the Accused)
Bulwagan ng Katarungan
Magsaysay Blvd., Tacloban City

By:

____________________________
Public Attorney II
Roll No.
IBP No.
MCLE Compliance No.

NOTICE OF HEARING

______________________
Branch Clerk of Court
Regional Trial Court – Branch __
Tacloban City, Leyte

Greetings!

Please take notice that the undersigned counsel is submitting the

foregoing motion for the consideration of the Honorable Court on March
19, 2018.

____________________________________

Copy furnished:

PROS. ________________________________
Office of the Provincial Prosecution of Leyte