ALL ASIAN COUNTERTRADE, INC.

represented by
Ramon s. Reyes,
Complainant, NPS Docket No.
XVI-INV-17I-00256
-versus-
For: Violation of Art.
BATANGAS SUGAR CENTRAL, INC., 315 1(b), RPC;
FEDERICO M. SERRANO, Warehouse Receipts
RODOLFO H. SALANGUIT, Law, Bulk Sales Law.
CRISOSTOMO HERNANDEZ,
DOROTEO ILAGAM,
DANILO DOLOR,
MA. SOLEDAD D.S. DE LEON,
LEANDRO M. DE LEON,
ZENAIDA E. AMRTINEZ,
ERLINDA L. DOLOR,
SUSAN S. VILLAR, and
RAFAEL M. PALACIO,
Respondents.

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COMES NOW, the respondent, through the undersigned counsel, unto this
Honorable Counsel, most respectfully manifests and avers:

1. Last , the respondent through counsel received a copy of the

Subpoena dated 12 October 2017;

2. The respondent respectfully moves that this Honorable Office, this

case based on the following grounds:
The respondents are charged with Violation of Art. 315 1(b),
RPC, Warehouse Receipts Law and Bulk Sales Law. This
felonies are cognizable by the Regional Trial Courts (RTC).
Section 20, B.P. 129 provides that:

Section 20. Jurisdiction in criminal cases. Regional Trial

Courts shall exercise exclusive original jurisdiction in all criminal
cases not within the exclusive jurisdiction of any court, tribunal
or body, except those now falling under the exclusive and
concurrent jurisdiction of the Sandiganbayan which shall
hereafter be exclusively taken cognizance of by the latter.

Atlhough we respectfully recognized the Department of Justice,

through the Secretary of Justice, has a general jurisdiction over
crimes covered by the Revised Penal Code and has the power
to act on matters involving national security or a probable
miscarriage of justice by virtue of Section 204 of DOJ
Department Circular No. 050-10, yet we believe that the case
at bar is best to be resolved at the regular courts.

Given the advance age and medical condition of the

respondents, it is more sensible and practical to let the RTC
Batangas take cognizance of the said case, subject to the
provisions on Venue as laid down by the Rules of Court.
As to the alleged ties and influence to the Batangas Province by
Mr. Federico M. Serrano, there is no evidence to prove that
such position will have an effect on the case and may cause
miscarriage of justice. Mr. Serrano has been a Congressman
years before. He has served the public from ________.
However, it has already been long years since he has seated in
power. He is no longer in a position to neither influence nor
affect the outcome of the case.

Further, other than the alleged ties and connection of Mr.

Federico Serrano, there is no other reasonable ground to
submit the said case to the Department of Justice.

PRAYER

WHEREFORE, presmises considered, it is most respectfully

prayed upon this Honorable Office that this Motion be granted
and that the Department of Justice order the Regional
Prosecutor of Batangas take cognizance of the instant case.

Other reliefs, just and equitable under the circumstances, are

likewise prayed for.