For Resolution is the Motion for Reconsideration filed by
accused Antonio Escota y Lat, Angelo Aguilera y Reyes, and Joel Lat y Dela Cruz, through their counsel, Atty. Norlito C. Briones, sans Prosecution’s Comment/Opposition-Motion for Reconsideration of the Order dated August 20, 2018 denying the Motion for Preliminary Investigation for being filed out of time.
The movants argued that they learned of the filing of the
information (Crim Cases Nos. 18-07-462-464) in Court on July 12, 2018, but the Court denied outright the motion for having been filed out of time because it was filed on July 18, 2018, which is beyond the five (5) day period allowed by the Rules.
In their Motion for Reconsideration, movants advanced a
justification-reason why they failed to file it on time (July 17, 2018) as Court’s transactions was declared suspended by reason of typhoon.
In the highest interest of justice and finding the motion to
be with merit, the Court resolves to give due course to the Motion for Reconsideration and considering that the already filed motion for Preliminary Investigation is not categorized as prohibited motion under A.M. No. 15-6-10-SC dated September 1, 2017: Revised Guidelines for Continuous Trial of Criminal Cases, the Court resolves to grant the same. Thus, granted.
Accordingly, the trial prosecutor, upon receipt of this
order is directed to schedule-conduct the preliminary investigation and to submit the appropriate report within thirty (30) days from receipt of this order.
SO ORDERED.
City of Tanauan, Province of Batangas, October 18, 2018.
Charles W. Kazan and Helen F. Kazan, His Wife v. Melvin Wolinski and Anchor Motor Freight, Inc., Jointly, Severally or in The Alternative. Appeal of Charles W. Kazan, 721 F.2d 911, 3rd Cir. (1983)