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Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 95
Marikina City
PEOPLE OF THE PHILIPPINES,
Complainant,
-versus- Criminal Case No. 20-72115
For: Unjust Vexation
FERNANDO SANCHEZ NOVERO
a.k.a. “SONNY”,
Accused.
x---------------------------------------------x
PEOPLE OF THE PHILIPPINES,
Complainant,
-versus- Criminal Case No. 20-72116
For: Simple Slander /
Oral Defamation
FERNANDO SANCHEZ NOVERO
a.k.a. “SONNY”,
Accused.
x---------------------------------------------x
PEOPLE OF THE PHILIPPINES,
Complainant,
-versus- Criminal Case No. 20-72117
For: Unjust Vexation
ALFONSO SUYOM BAÑARES JR.
and JEANNE M. BOSTON,
Accused.
x---------------------------------------------x
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MANIFESTATION with URGENT MOTION TO CANCEL
ARRAIGNMENT AND SUSPEND FURTHER PROCEEDINGS
Accused Alfonso Suyom Bañares Jr. and Jeanne M. Boston, by counsel
and unto this Honorable Court most respectfully manifest and move:
A. Manifestation -
Herein accused respectfully manifest that they received a copy of the
Order dated October 23, 2020 only on November 21, 2020, a day after the
arraignment was scheduled on November 20, 2020, thus, their failure to
attend the same.
B. Urgent Motion to Cancel Arraignment and Suspend Further
Proceedings -
Please be informed that upon receipt of a Joint Resolution on September
24, 2020 issued by ACP Anthony Ronar B. Cruz, Marikina City Prosecutor’s
Office indicting the above-named accused for Unjust Vexation Docketed as
Criminal Case No. 20-72117, they lost no time in filing a Joint Motion for
Reconsideration which was received by the Marikina City Prosecutor’s Office
on October 5, 2020 (copy of the same is hereto attached and marked as Annex
“A”).
Cognately, both accused were surprised to learn that an Information for
Unjust Vexation Docketed as Criminal Case No. 20-72117 was filed before this
Honorable Court when in fact their above-said Motion for Reconsideration was
not yet resolved by the Marikina City Prosecutor’s Office, thus, this Urgent
Motion to Cancel Arraignment and Suspend Further Proceedings. In support
thereof, avoiding verbosity and rather more on particularity, likewise attached
hereto is a copy of Supreme Court decision dated March 11, 2015 G.R. No.
176033, in the case of Felilibeth Aguinaldo and Benjamin Perez vs Reynaldo P.
Ventus and Jojo B. Joson, the pertinent portion thereof are stated hereunder;
1. If there is a pending motion for reconsideration or
motion for reinvestigation of the resolution of the public
prosecutor, the court may suspend the proceedings
upon motion by the parties. However, the court should
set the arraignment of the accused and direct the public
prosecutor to submit the resolution disposing of the
motion on or before the period fixed by the court, which
in no instance could be more than the period fixed by
the court counted from the granting of the motion to
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suspend arraignment, otherwise the court will proceed
with the arraignment as scheduled and without further
delay.
Wherefore, in view of the above, it is most respectfully prayed of that
this Urgent Motion to Cancel Arraignment and Suspend Further Proceedings
be granted.
Other just and equitable reliefs are likewise prayed of.
Quezon City for Marikina City, 4 December 2020.
ATTY. NARZAL B. MALLARES
No. 2 Sct. Dr. Lazcano cor. Mo. Ignacia St.
Brgy. Paligsahan, Quezon City
PTR No. 9506489/1-20-2020/Quezon City
IBP No. AR51335397/1-20-2020/Quezon
City
MCLE No. VI-0017109/01-10-2019
Roll of Attorney: 29557
Cellphone No. 0906-2767254
email: mslawfirm19@[Link]
REPUBLIC OF THE PHILIPPINES )
MARIKINA CITY ) S.S.
VERIFICATION
We, ALFONSO SUYOM BAÑARES JR., and JEANNE BOSTON, under oath,
respectfully aver, that :
1. We are the accused in the case for Unjust Vexation Docketed under
Criminal Case No. 20-72117;
2. We have caused the preparation of the foregoing Manifestation
with Urgent Motion to Cancel Arraignment and Suspend Further
Proceedings;
3. We have read the same and the contents of which are true and
correct of our own knowledge and/or on the basis of authentic
documents;
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AFFIANT SAYETH NAUGHT.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this 7 nd
day of December 2020 at Marikina City.
SUBSCRIBED AND SWORN to before me this 7nd day of Marikina City
2020: affiants exhibiting their respective proof of personal identity written
under their name of above.
ALFONSO SUYOM BAÑARES JR JEANNE BOSTON
Affiant Affiant
_______ID No. 1-12-025699 PRN ID No. E14190142180
valid until 2023 valid until 22-3-2022
Doc. No. ________:
Page No. ________: NOTARY PUBLIC
Book No.________:
Series of 2020
NOTIFICATION
The Clerk of Court
MTC Branch 95
Marikina City
Greetings!
Kindly include the foregoing Motion in the calendar of the Court to be
heard on December 11, 2020 at 2 o’clock pm.
ATTY. NARZAL B. MALLARES
Copy furnished:
Marikina City Prosecutor’s Office
Marikina City Hall of Justice
Marikina City
