Republic of the Philippines

REGIONAL TRIAL COURT

Ninth Judicial Region
Branch ___
Ipil, Zamboanga Sibugay

PEOPLE OF THE CRIM. CASE NO. xxxx

PHILIPPINES,
Plaintiff,
- versus - FOR: ATTEMPTED MURDER
xxx
Accused.
x-------------------------x

URGENT OMNIBUS MOTION FOR REINVESTIGATION,

RECONSIDERATION AND RE-OPENING OF PRELIMINARY
INVESTIGATION WITH MOTION TO SUSPEND
PROCEEDINGS, AND TO SUSPEND THE ISSUANCE OR
RECALL OF THE WARRANT OF ARREST

The Accused xxx, through undersigned counsel, unto this Honorable

Court most respectfully alleges that:

1. Accused xxx is charged with the crime of Attempted Murder in

an information filed by Hon. xxx, Assistant Prosecutor of
Zamboanga Sibugay;

2. As far as Accused xxx is concerned, there was no preliminary

investigation conducted on him by the Assistant Provincial
Prosecutor’s Office neither was he given the opportunity to file
his counter-affidavit. Nevertheless, the Assistant Provincial
Prosecutor filed the same information in Court;

3. Accused xxx believes that if he will be given an opportunity to

answer the charges against him, the resolution could have been
different;

4. Accused xxx was able to obtain a copy of the resolution of the

Assistant Provincial Prosecutor above-mentioned only on xxx;

5. That the accused most respectfully prays that a Reinvestation,

Reconsideration and Re-opening of the preliminary
investigation for the instant cases be conducted before the Office
of the Provincial Prosecutor;

6. That this motion is not intended for delay but solely for the
above-mentioned grounds.

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 7. Should the need arise, pursuant to Department Circular No. 70
of the Department of Justice (DOJ), accused xxx will file an
appeal with the Office of the Pronvincial State Prosecutor, Ipil,
Zamboanga Sibugay within the reglementary period of fifteen
(15) days from receipt of a copy of the said resolution;

8. Pursuant to Section 9 of Department Circular No. 70, the

implementation of the warrant of arrest against Accused xxx
should be suspended and/or recalled pending resolution of the
said petition for review.

9. That one of the requirements in the rules of the Department of

Justice on appeals of this nature is that the accused must move
for a suspension of the proceedings before the courts, otherwise
the appeal will be denied due course;

10.That this motion is being done in compliance with the above-

mentioned rules, and intended to give the appellate authority to
rule on the merits of the appeal and not to unduly delay the
proceedings before this Honorable Court;

WHEREFORE, it is most respectfully prayed of this Honorable

Court that, pending the appeal of the resolution of the Office of the
Provincial Prosecutor finding probable cause for the filing of the
information for ATTEMPTED MURDER against the accused herein,
the proceedings in this case be suspended.

Zamboanga City for Ipil, Zamboanga Sibugay, December xx, 2017.

ATTY. xxx
Xxx Law Offices
Xxx Zamboanga City
P.T.R. xxx
I.B.P. xxx
Roll of Attorney No. xxx
M.C.L.E. Compliance No. xxx

The Clerk of Court

RTC of Ipil-_____________
Ipil, Zamboanga Sibugay

Greetings:

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 Please include the foregoing motion in the calendar of this
Honorable Court on ____________ 2018, at 8:30 in the morning, or as
soon thereafter as parties and counsel may be heard.

xxx

The Provincial Prosecutor

Ipil, Zamboanga Sibugay

Greetings:

Please take notice that the undersigned will submit the foregoing
motion for hearing by the Honorable Court on ____________ 2018, at
8:30 in the morning, or as soon thereafter as parties and counsel may be
heard.

xxx