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Motion To Suspend Arraignment Proceedings

This document is a motion filed in the Municipal Trial Court of Bambang, Nueva Vizcaya, Philippines by Pearl G. Barandi's counsel. The motion asks the court to hold the criminal proceedings against Barandi in abeyance pending resolution of a petition for certiorari and prohibition filed in the Regional Trial Court assailing the Municipal Court's denial of a motion to quash the arrest warrant. The motion explains that the outcome of the petition in the Regional Court will determine whether the arraignment in the Municipal Court may proceed. Counsel files the urgent motion solely to protect Barandi's rights and not for delay.

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179 views

Motion To Suspend Arraignment Proceedings

This document is a motion filed in the Municipal Trial Court of Bambang, Nueva Vizcaya, Philippines by Pearl G. Barandi's counsel. The motion asks the court to hold the criminal proceedings against Barandi in abeyance pending resolution of a petition for certiorari and prohibition filed in the Regional Trial Court assailing the Municipal Court's denial of a motion to quash the arrest warrant. The motion explains that the outcome of the petition in the Regional Court will determine whether the arraignment in the Municipal Court may proceed. Counsel files the urgent motion solely to protect Barandi's rights and not for delay.

Uploaded by

Anonymous isdp4V
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Republic of the Philippines

MUNICIPAL TRIAL COURT


Second Judicial Region
Bambang, Nueva Vizcaya

People of the Philippines,


Plaintiff,
Criminal Case No. 4130
-versus- For: Theft

Pearl G. Barandi,
Accused.
x--------------------------------------x

MANIFESTATION WITH VERY URGENT


MOTION TO HOLD IN ABEYANCE PROCEEDINGS

Accused, through counsel, and unto this Honorable Court,


most respectfully manifests and moves that:

1. Accused through the undersigned received the Notice of


Arraignment and Pretrial on September 20, 2022.

2. At the same time, accused also received the Order dated


August 24, 2022 of the Honorable Court’s denying the Motion for
Reconsideration filed by the accused.

3. Meanwhile, arraignment of the accused and pretrial was set


to be heard on October 11, 2022 at 2:20 PM.

4. Before the scheduled arraignment, the accused through the


undersigned counsel filed before the Regional Trial Court of Nueva
Vizcaya a Petition for Certiorari and Prohibition under Rule 65
with Prayer for TRO/Preliminary Injunction assailing the orders
of this Honorable Court in denying the Motion to Quash the
Warrant of Arrest, at the same time praying that this Honorable
Court refrain from conducting further proceedings in Criminal Case

Page 1 of 3
MANIFESTATION WITH VERY URGENT MOTION TO HOLD IN ABEYANCE PROCEEDINGS
No. 4130 until the petition for certiorari and prohibition with prayer
for TRO/PI before the Regional Trial Court is resolved.

5. The said petition under Rule 65 with TRO/PI was received by


the Regional Trial Court before the scheduled arraignment, as
evidenced by the receipt appearing on the first page of the petition.
(Attached hereto as ANNEX “A”)

6. The filing of the Petition for Certiorari and Prohibition with


Prayer for TRO/Preliminary Injunction before the Regional Trial
Court, which is a special civil action, involves issues which are
prejudicial to Criminal Case 4130. Since the accused assailed the
Orders of this Honorable Court denying the motion to quash and
the motion for reconsideration, ultimately, the resolution of the civil
case would affect this Honorable’ Court’s jurisdiction over her
person in Criminal Case 4130.

7. The outcome of the said action before the Regional Trial


Court is determinative of whether the arraignment of the
accused may proceed.

8. In view of the above, accused respectfully moves for the


Honorable Court to hold in abeyance the proceedings for the
arraignment of the accused pending resolution of the Petition for
Certiorari and Prohibition with Prayer for TRO/Preliminary
Injunction.

9. This manifestation and urgent motion is being filed solely to


protect the right of the accused and not interposed for delay.

September 23, 2022, Bambang, Nueva Vizcaya, Philippines.

RESPECTFULLY SUBMITTED.

Page 2 of 3
MANIFESTATION WITH VERY URGENT MOTION TO HOLD IN ABEYANCE PROCEEDINGS
____________________
AMENIDAD DAPIAWEN
Counsel for the Accused
82 Heroes Boulevard, Bambang NV
Roll of Attorney’s No. 67676
IBP O.R. No. 147789 (11/12/2021) for 2022
PTR No. NV2600224 (12/20/2021) for 2022
MCLE Compliance No. VI and VII Valid Until April 14, 2025
Email address: [email protected]

NOTICE AND COPY FURNISHED

The Clerk of Court


Municipal Trial Court
Bambang, Nueva Vizcaya

Greetings:

Please submit the foregoing manifestation and motion for the


consideration of the Honorable Court immediately upon receipt
thereof.

AMENIDAD DAPIAWEN

Copy Furnished By Personal Service:

Office of the Provincial Prosecutor


2/F Hall of Justice
Capitol Compound
Bayombong, Nueva Vizcaya

By Registered Mail

Christy Pascual Landingan


Purok 5, San Nicholas
Bayombong, Nueva Vizcaya

Page 3 of 3
MANIFESTATION WITH VERY URGENT MOTION TO HOLD IN ABEYANCE PROCEEDINGS

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