Motion for Inhibition Sample

December 11, 2017 | Author: Anonymous YZvQNkM | Category: Prosecutor, Article Three Of The United States Constitution, Judge, Constitutional Law, Public Sphere
Share Embed Donate

Short Description

Sample Motion...



CRIM. CASE NO. 00-108992 For: Falsification of Public Document

ANA DE GUIA SAN PEDRO and ALEJO DOPEÑO Accused. x------------------------------------------x

MOTION FOR VOLUNTARY INHIBITION COMES NOW, the undersigned Private Prosecutor, under the direct control and supervision of the Public Prosecutor and unto this Honorable Court, most respectfully states: 1. At the outset, the undersigned Private Prosecutor would like to affirm its utmost faith and confidence in the competence and impartiality of the Honorable Presiding Judge. As a member of the legal profession, the undersigned Private Prosecutor is aware of the careful deliberation involved in the disposition of cases by the courts, mindful that they are duty-bound, above all else, to uphold the interests of justice. And it is by traversing a shaky tightrope of competing rights and interests that they must do so. 2. On the part of the private complainants, however, the overly protracted proceedings that have attended this case have fostered great disillusionment and cynism with regards to their pursuit of justice. 3. Considering that it has already been more than 15 long years since the Information against the accused was filed on 27 June 2000, the private complainants, despite protestations from the Private Prosecutor, cannot help but perceive that this Honorable Court has proven to be unduly prone to accommodate the myriad dilatory maneuvers of the counsel for the Accused. 4. For the foregoing reasons and to restore the private complainants’ faith and confidence in the courts, the undersigned Private Prosecutor respectfully and with the heaviest of hearts moves

that the Honorable Presiding Judge voluntarily inhibit himself from further trying this case based on the second paragraph of Section 1, Rule 137 of the Rules of Court, which provides: “Section 1. Disqualification of judges. — No judge or judicial officer shall sit in any case in which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree, computed according to the rules of the civil law, or in which he has been executor, administrator, guardian, trustee or counsel, or in which he has been presided in any inferior court when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record. A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned above.” 5. This move is also predicated on Article III, Section 16 of the 1987 Constitution which entitles not only the Accused, but also herein Plaintiff, to a “speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.” PRAYER WHEREFORE, premises considered, the Private Prosecutor respectfully prays that an Order be issued granting this motion for the Honorable Presiding Judge, Josephus Joannes H. Asis, to voluntarily inhibit himself from further trying Criminal Case No. 00-108992, titled People of the Philippines vs. Ana De Guia San Pedro and Alejo Dopeño and causing the re-raffling of the said case to another branch of the Honorable Court. RESPECTFULLY SUBMITTED. Quezon City, 24 September 2015. FOJA LAW OFFICE 173-E Scout Fuentebella Ext. Sacred Heart, Quezon City, 1103 Tel. Nos. 4141464 / 3554547 Email Address: [email protected] 2

By: ALNIE G. FOJA Roll No. 46372 IBP Lifetime No. 886729 / 01-25-12 / Romblon PTR No. 0569687C / 01-05-15 / Q.C. MCLE Compliance No. IV-0015932 April 8, 2013

FRANK LLOYD B. TIONGSON Roll No. 64966 IBP No. 1007298 / 04-17-15 /Quezon City PTR No. 1579999 / 07-13-15 / QC Admitted to the Bar 2015 MCLE not yet required

JEFFREY G. AGUILAR Roll No. 64454 IBP No. 1006823 / 04-08-15 / Occ. Mindoro PTR No. 1353494C / 05-19 15 / Q.C. Admitted to the Bar 2015 MCLE not yet required Notice of Hearing and copy furnished: OFFICE OF THE CITY PROSECUTOR Quezon City M.A. AGUINALDO & ASSOCIATES Unit 709 Royal Plaza Towers 648 Remedios Street Malate, Manila Greetings! Please take notice that the undersigned counsel will submit the foregoing Motion for Voluntary Inhibition for the consideration of this Honorable Court on Tuesday, 29 September 2015 at 8:30 in the morning in the place where the Honorable Court sits.


View more...


Copyright ©2017 KUPDF Inc.