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Motion To Suspend Arraignment

1) The accused, Rolando R. Huang, has filed a motion to suspend his arraignment in a perjury case. 2) He recently filed a motion for reconsideration of the provincial prosecutor's resolution with the office of the provincial prosecutor. 3) Under the rules of criminal procedure, arraignment should be suspended when a petition for review of the prosecutor's resolution is pending. The accused argues that his pending motion for reconsideration is similar to such a situation. 4) Suspending the arraignment would allow the accused to prove that the case should not have been filed against him in the first place.

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629 views3 pages

Motion To Suspend Arraignment

1) The accused, Rolando R. Huang, has filed a motion to suspend his arraignment in a perjury case. 2) He recently filed a motion for reconsideration of the provincial prosecutor's resolution with the office of the provincial prosecutor. 3) Under the rules of criminal procedure, arraignment should be suspended when a petition for review of the prosecutor's resolution is pending. The accused argues that his pending motion for reconsideration is similar to such a situation. 4) Suspending the arraignment would allow the accused to prove that the case should not have been filed against him in the first place.

Uploaded by

sean contreras
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Republic of the Philippines

MUNICIPAL TRIAL COURT


Third Judicial Region
Iba, Zambales

PEOPLE OF THE PHILIPPINES,


Plaintiff,

-versus- Crim. Case No. ___________


For: Perjury

ROLANDO R. HUANG,
Accused.
x--------------------------------------------x

MOTION TO
SUSPEND ARRAIGNMENT

COMES NOW accused Rolando R. Huang, by undersigned


collaborating counsel and unto this Honorable Court, respectfully alleges:

1. That the arraignment in the instant case has been set on


_____________ at 2:00 in the afternoon;

2. That on _____________, accused filed a Motion for


Reconsideration vis-a-vis the October ___, 2019 Resolution with the Office
of the Provincial Prosecutor, a copy of which is attached herewith as
Annex “A”;

3. That the above Motion for Reconsideration has not been


resolved to date;

4. That under Section 11 (c), Rule 117 of the Revised Rules of


Criminal Procedure, arraignment shall be suspended when a petition for
review of the resolution of the prosecutor is pending at either the
Department of Justice, or the Office of the President. It is humbly
submitted that the pendency of the aforesaid Motion for Reconsideration is
similar to the situation earlier adverted to;
2

5. That a suspension of the arraignment shall afford herein


accused the opportunity to prove that the present case should not have
been filed in the first place.

PRAYER

WHEREFORE, in the interest of substantial justice, it is most


respectfully prayed that the arraignment of the accused in the present case
be suspended.

Iba, Zambales, 5 October 2019.

ATTY. SEAN CYRIL R. CONTRERAS


Collaborating Counsel for Accused Rolando R. Huang
G-033 Rizal St., Palanginan, Iba, Zambales
Tel. Nos. (047)811-1362
PTR No. 9492009, Iba, Zambales; Jan. 29, 2019
IBP No. 038808, Quezon City, 04/05/2018 (MD 2019)
Roll of Attorneys No. 41810
MCLE Compliance No. VI – 0025520, 15 April 2019

The Branch Clerk of Court


Municipal Trial Court
Iba, Zambales

Asst. Prov. Pros. Christobal Balangcod

Greetings :

Kindly submit the foregoing Motion to the Honorable Court immediately


upon receipt thereof for its consideration and favorable resolution.

ATTY. SEAN CYRIL R. CONTRERAS

Copy furnished:
3

Asst. Prov. Pros. CHRISTOBAL BALANGCOD


Office of the Provincial Prosecutor
Hall of Justice
Angeles City

ATTY. RICARDO T. LEYNES


Complainant
Palanginan, Iba, Zambales

EXPLANATION

The filing of the above Motion for Reconsideration with this Honorable
Court and its services upon the other parties were done by registered mail
and not personally done due to lack of office messenger/s to render personal
service.

ATTY. SEAN CYRIL R. CONTRERAS

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