Republic of the Philippines

Second Judicial Region

REGIONAL TRIAL COURT
Bayombong, Nueva Vizcaya
Branch 27

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No. 9324-9325
For : Violation of RA 9165,
-versus- Section 5 and 11

JOHN SIELMON SURIO y ACOSTA,

Accused.
x--------------------------------------x

VERY URGENT EX-PARTE MOTION

COMES NOW accused, through counsel, and before this
Honorable Court, most respectfully states:

1. Accused faces charges of sale of illegal drug, a non-bailable offense

before this Honorable Court and presently incarcerated at the
detention facility of the Bureau of Jail Management and Penology
(BJMP) in Barangay Curifang, Solano, Nueva Vizcaya;

2. Accused is a Child in Conflict with the Law (CICL) as evidenced by

his Certificate of Live Birth attached as Annex “1” of this motion.
Perforce, the Information should not have been filed before Branch
29 (Family Court) of the Regional Trial Court, Bayombong, Nueva
Vizcaya which has exclusive jurisdiction over the case pursuant to
Section 5 (a) of Republic Act No. 8369 or the "Family Courts Act of
1997";

3. In the same vein, the CICL should not have been committed at the
Bureau of Jail Management and Penology (BJMP) in Curifang,
Solano, Nueva Vizcaya pursuant to Section 36 of RA 9344 which
provides that:

“SEC. 36 Detention of the Child Pending Trial. -

Children detained pending trial may be released on
bail or recognizance as provided for under Sections
34 and 35 under this Act. In all other cases and
whenever possible, detention pending trial may be
replaced by alternative measures, such as close
supervision, intensive care or placement with a
family or in an educational setting or home.
 Institutionalization or detention of the child pending
trial shall be used only as a measure of last resort and
for the shortest possible period of time.

Whenever detention is necessary, a child will always

be detained in youth detention homes established by
local governments, pursuant to Section 8 of the
Family Courts Act, in the city or municipality where
the child resides.

In the absence of a youth detention home, the child

in conflict with the law may be committed to the care
of the DSWD or a local rehabilitation center
recognized by the government in the province, city
or municipality within the jurisdiction of the court.
The center or agency concerned shall be responsible
for the child's appearance in court whenever
required.”

4. That the Provincial Jail in Bayombong, Nueva Vizcaya maintains

a separate detention facility for minor offenders where the CICL
may be incarcerated while his case is being heard by the
appropriate court.

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that-

(a) the instant criminal case be REMANDED to the Office of the

Clerk of Court, Regional Trial Court, Bayombong, Nueva
Vizcaya which shall re-raffle the said case to Branch 29 of the
Regional Trial Court, Bayombong, Nueva Vizcaya;

(b) an Order be issued directing the Jail Warden of the Bureau of

Jail Management and Penology (BJMP), Curifang, Solano,
Nueva Vizcaya to TRANSFER the CICL to the Provincial Jail
in Bayombong, Nueva Vizcaya

Bayombong, Nueva Vizcaya. October 3, 2016.

FIDEL G. SANTOS
Counsel for the Accused
156 Bonfal West, Bayombong, Nueva Vizcaya
PTR No. 1738333; Jan. 4, 2016
IBP Fees paid – OR No. 1028808; Jan. 18, 2016
MCLE Compliance No. V-0010617; Sept. 17, 2015
Roll No. 48362
Tel. No.: 805-3585; CP No.: 0908-502-1774
Email address: fgsantos19@yahoo.com
The Branch Clerk of Court
Branch 27
Regional Trial Court
Bayombong, Nueva Vizcaya

Please submit the foregoing motion to the attention of the

Honorable Court immediately upon receipt hereof for its consideration
and action without need of further oral argument.

FIDEL G. SANTOS

Copy furnished:

Pros. Joselyn Emperador-Garingan

Office of the Provincial Prosecutor
Bayombong, Nueva Vizcaya