Republic of the Philippines

REGIONAL TRIAL COURT

____ Judicial Region
Branch __ _______________
PEOPLE OF THE PHILIPPINES,
Complainant,
Versus

Crim case NO. --------

_________________________,
Accused.
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TWIN MOTION TO SUSPEND THE PROCEEDING and TO
SUSPEND THE ISSUANCE OF ANY ORDER OF ARREST OR
TO RECALL ANY WARRANT OF ARREST ISSUED, IF ANY,
AGAINST THE UNDERSIGNED ACCUSED
The undersigned ACCUSED, unto this Honorable Court, respectfully
moves to suspend the proceeding of the abovementioned case AND to
suspend the issuance of any Order of Arrest or recall any warrant of arrest,
if there is any, as follows, to wit:
1. That the abovementioned case has recently been raffled to this
Honorable Court on _______________;
2. That the abovementioned case is premised on the modified
Information by ++++++ based on a Joint Resolution dated February
12, 2016 penned by ______ of the Provincial Prosecutions Office
of ++++=;
3. That having been informed of the existence of the abovementioned
case, the undersigned accused filed with the Provincial
Prosecutions Office of +++++ a VERIFIED URGENT OMNIBUS
MOTION FOR REINVESTIGATION, RECONSIDERATION OF
THE JOINT RESOLUTION DATED ++++++, AND RE-OPENING
OF THE PRELIMINARY INVESTIGATION ALLOWING THE
UNDERSIGNED ACCUSED TO SUBMIT HIS COUNTERAFFIDAVIT AND SUPPORTING DOCUMENTS dated ++++++
corollary to the abovementioned case, a copy of the
abovementioned omnibus motion is hereto attached as Annex A
and is made an integral part of this motion;
4. That said omnibus motion is premised on the fact that the
undersigned accused was never furnished a subpoena including

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the verified complaints and supporting documents and affidavits

and worse was not even provided with the Joint Resolution dated
February 12, 2016 indicting the herein undersigned accused for the
felony of Estafa under Art. 315 (1)(b) as modified by the
Information dated June 1, 2016 for a felony under Art. 315 (2)
(a) of the Rev. Penal Code;
5. Hence by these presents, the undersigned accused was not
accorded due process of law, that is, a chance to answer and
refute the allegations hurled by both private complainants and his
co-accused and to submit controverting and exculpatory evidence
in regard the abovementioned case;
6. That this motion is not intended to delay the abovementioned case
nor to undermine the authority of this Honorable Court but for the
reasons above-stated.
PRAYER
WHEREFORE, in the interest of truth and justice, it is respectfully
prayed of this Honorable Court to suspend the issuance of the Order of
Arrest, or to recall any warrant of arrest issued, if there be any, and to
suspend the proceeding of the abovementioned case until such time the
VERIFIED URGENT OMNIBUS MOTION FOR REINVESTIGATION,
RECONSIDERATION OF THE JOINT RESOLUTION DATED xxxx, AND
RE-OPENING OF THE PRELIMINARY INVESTIGATION ALLOWING
THE UNDERSIGNED ACCUSED TO SUBMIT HIS COUNTER-AFFIDAVIT
AND SUPPORTING DOCUMENTS dated xxxx has been RESOLVED.
All other reliefs just and equitable are prayed for.
_____________________
++++++++++++++++++
Affiant/Accused
+++++++++++++++++++, PHILIPPINES

Provincial Prosecutions Office (PPO)

FOR THE PEOPLE
Branch Clerk of Court
NOTICE

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Please take NOTICE the undersigned will submit the instant /foregoing
pleading/ motion for HEARING, consideration, deliberation and resolution
of this Honorable Court, on August 12, 2016, FRIDAY, at 8:30 a.m. or
sooner thereafter, at the option of this Honorable Court so that the case
may be heard; It is petitioned to the Honorable RTC so that the instant
motion may be heard by said Honorable Court; and / or, if for any reason,
the instant motion may not be heard by the Honorable RTC it is finally
petitioned that this motion be heard, by the Executive Judge at RTC Branch
xxx or whoever might be present and available on said hearing date aboveset.
Please CALENDAR and call this motion at the above-set hearing date, in
accordance with the mandate of the Rules of Court on motions, inter alia.
_________________________
xxxxxxx
Affiant/Accused
Copy furnished:
By personal delivery
Provincial Prosecutor
Office of the Provincial Prosecutor
of xxxxxxx,