THIRD JUDICAIL REGION MALOLOS CITY, BULACAN Family Court
PEOPLE OF THE PHILIPPINES VS. CCN-1426-M-2014 FOR ATTEMPTED KIDNAPPING KORINA CASTRO Y HALILI of Iba, Silang, Cavite, Accused. x_____________________________________________________________________________ ______x
OPPOSITION TO MOTION TO DEFER ARRAIGNMENT AND FOR PSYCHIATRIC EXAMINATION
The undersigned Assistant Provincial Prosecutor, to this honorable Court most respectfully states that:
1. The Accused through counsel, filed Motion to Defer Arraignment and For Psychiatric Examination citing Section 11 (a) of Rule 116 of the Rules of Court on the following ground:
The accused appears to be suffering from the unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently thereto. In such case, the court shall order his mental examination, and if necessary, his confinement for such purpose. 2. Upon thorough review of the motion, the reports of the provincial warden and that of one CHERYL TIANGCO of Celda 7, Infirmary (hereto attached and made integral part hereof as Annex A-A4), said motion of the counsel for the Accused is bereft of any merit considering the following: a. The report of said CHERYL TIANGCO about the unusual behavior of the accused transpired on April 6 and 7, 2014 (or only two days) which can be considered as remote, possibly brought about by anxiety on the incarceration of the accused;
2/3 b. The Endorsement of the Provincial Warden on May 8, 2014 to Atty. Mariz Macapacal, Public Attorney, Regional Trial Court, Bulacan, Branch 9, best exemplify that the endorsement lacks urgency considering that it took one (1) month for them from April 6 to May 8, 2014 to refer the Accused for psychiatric examination. 3. That the said motion to Defer Arraignment is dilatory on the foregoing grounds. PRAYER WHEREFORE , premises considered, it is respectfully prayed for that Accused Motion to Defer Arraignment and for Psychiatric Examination be denied and the case be set for arraignment to serve the ends of justice. All other reliefs, just and equitable under the circumstances, are likewise prayed for. This 2 nd day of September, 2014 at Malolos City, Philippines.
NOLI FAILON Asst. Provincial Prosecutor
The Branch Clerk of Court RTC Family Court City of Malolos, Bulacan
Greetings:
Please submit the foregoing for the consideration and resolution of the Honorable Court immediately upon receipt.
NOLI FAILON Asst. Provincial Prosecutor
Cc:
ATTY. MARIZ MACAPAGAL Counsel for the Accused Korina Castro y Halili
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EXPLANATION
(In compliance with Section 11, Rule 13 of the 1997 Rules of Civil Procedure)
Copies of the motion to which this explanation is append was:
Sent to the counsel for the Accused by registered mail due to the following reasons:
a. Great distance from the office of the counsel for the parties which makes personal service impracticable; b. Time constraint.