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Motion To De-Archive and Revive

1) The accused is requesting that the court revive a criminal estafa case that had been archived in 2017 due to the accused not being located at the address on file. 2) The accused claims he had been regularly paying back a personal loan to the complainant and learned of the pending case in 2017 from the complainant's partner. 3) The accused has hired legal counsel and is requesting the case be revived so he can post bail and defend himself against the estafa charges in court to clear his name.
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100% found this document useful (2 votes)
3K views7 pages

Motion To De-Archive and Revive

1) The accused is requesting that the court revive a criminal estafa case that had been archived in 2017 due to the accused not being located at the address on file. 2) The accused claims he had been regularly paying back a personal loan to the complainant and learned of the pending case in 2017 from the complainant's partner. 3) The accused has hired legal counsel and is requesting the case be revived so he can post bail and defend himself against the estafa charges in court to clear his name.
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 DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 7

Republic of the Philippines

REGIONAL TRIAL COURT


11th Judicial Region
Branch 17
Davao City

PEOPLE OF THE
PHILIPPINES,
Plaintiff CRIM. CASE No.
-versus- R-DVO-10-01109-CR
PATRICK N. MANALO, FOR:
Accused. ESTAFA

x---------x

MOTION TO DE-ARCHIVE AND REVIVE

ACCUSED, assisted by the undersigned counsel, most respectfully

states that:

1. Per a previous inquiry by the undersigned counsel for the

accused with this Court and with the Office of the City Prosecutor

of Davao City, the instant case had undergone a formal

preliminary investigation before the Office of the City Prosecutor

of Davao City sometime in 2018 without proper, actual and due

notice to and participation the undersigned Accused because the

complaint filed by the private complainant alleged a wrong/old

address of the undersigned Accused, which was: “Block 2 Lot 3,

Wellspring Highlands, Catalunan Pequeno, Davao City.”

2. For the record, the real and address of the Accused at that time

was (and still is): “No. 435-C Bonifacio Street, Davao City.”
Page 1 of 7
3. Since June of 2016 the ACCUSED has been paying on installments

to one JEFF SUPREMO the aforecited character/personal loan or

financial transaction subject matter of the instant case up to the

month of December, which was the last time that said JEFF

SUPREMO personally visited the house of the Accused to collect

the amortization due for that month.

4. Last May of 2017 a certain ANA COMDA, who represented

herself to be the paramour or common-law wife of the private

complainant JESS PIZO, informed a lady employee of the Accused

of the pendency of the instant Estafa case against the latter

before this Honorable Court. The said ANA COMDA showed the

lady employee of the Accused an alleged Special Power of

Attorney (SPA) signed by two (2) alleged sons of JESS PIZO. It

was from ANA COMDA that the Accused had learned that JESS

PIZO had died sometime in March of 2017. The purpose of ANA

COMDA was to collect the balance of the loan of the Accused

owing to the intestate estate of JESS PIZO.

5. Herein Accused was surprised to learn of the pendency of the

instant Estafa case against him because he knew that his

personal loan from JESS PIZO of Php2,500,000.00 or TWO

MILLION FIVE HUNDRED THOUSAND PESOS, which is the

subject matter of the instant case, was a regular loan that he had

secured from JESS PIZO without malice or bad faith, and that the

Page 2 of 7
said loan was in fact being religiously paid by him on

installments to JEFF SUPREMO who was regularly going to his

house almost on a weekly basis to collect the amortizations

thereon in behalf of JESS PIZO from the Accused since June 2016.

6. Hence, acting on the foregoing information, sometime in

December 2017, the Accused audited and reviewed the records

of payments already made by him to JEFF SUPREMO for the loan

obligation to JESS PIZO. During the said period, the Accused

scouted for a private lawyer that he could later hire to assist him

in investigating the background of the instant Estafa case and in

securing copies of the separate case record/s thereof from this

Court and from the Office of the City Prosecutor so that the

proper steps could be taken by the Accused and his counsel to

revive the case, to post bail, to secure a reduction of bail, and

to defend his rights and interests during the trial thereof.

7. On March 19, 2018, the undersigned counsel for the Accused,

Atty. Patricia Nicole Balgoa., acting through her paralegal staff

Ms. Prima Vena, visited the Court and the Office of the City

Prosecutor for the purpose mentioned in the preceding

paragraph. (See Annex “A”, Letter, dated xxx, of Atty. Manuel

J. Laserna Jr. to the Branch Clerk of Court).

8. His undersigned counsel has learned that the Court had archived

the instant case in December 16, 2017 due to the inability of the

Page 3 of 7
local PNP Police Station of Davao City to arrest him, per a

return/report submitted by the local PNP Police Station to the

Court in December 3, 2017. Hence, technically speaking, the

Accused was considered in the eyes of the law as an “at large”

accused/suspect for his failure to voluntarily surrender to the

Court and to post bail to face the trial of the instant case.

9. The undersigned counsel for the Accused has rendered a case

written status report to the Accused on April 19, 2018. (See

Annex “B”, Letter, dated xxx, of Atty. Manuel J. Laserna Jr. to

the Accused). The said report is quoted below, to wit:

“Enclosed is a copy of the whole case record of your pending Estafa

case. The status thereof is as follows:

1. The docket number is Crim. Case No. R-DVO-10-01109-CR.

2. The trial court is Regional Trial Court, Branch 17, 11th Judicial

Region, 2nd Floor, Davao City Hall of Justice.

3. The new lady judge is Judge Mary C. Josol. The clerk of court of

the court is Atty. Jackie Santos. Its tel. no. is 082 297 7845.

4. The original warrant of arrest was returned to the court by the

Police because you could not be located at your former address –

Block 2 Lot 3, Wellspring Highlands, Catalunan Pequeno, Davao City.

5. The case was archived by the court in December 16, 2017.

6. Technically, you are “at large.”

7. The bail recommended by the fiscal was Php60,000.00.

Page 4 of 7
8. According to the resolution of the fiscal, the amount involved is

P1,560,000. The date of commission of the alleged crime was

January to May 2017. The complainant is the deceased JESS PIZO.

10. Included in the attached records is the Special Power of Attorney

of the 2 children of the deceased, JUAN PIZO and THERESE PIZO.

If you wish to hire our law office to be your defense counsel, please

set an appointment (a) to discuss the case and (b) discuss our

professional fees. Thank you.”

10. The accused is very much willing, able and ready to post a BAIL

BOND for his temporary liberty so that he could forthwith face

the trial of this case and clear his good name as a family man and

a businessman.

11. For the above purpose, there is an urgent need for an Order

immediately REVIVING the instant case from the inactive

Archives of the Court so that the Court could immediately

calendar the case and act on the prayer of the Accused to post

the prayed for reduced bail bond of Php30,000.00 and, further,

so that the instant case could forthwith undergo the usual

judicial processes of arraignment, mediation, pretrial, and trial

proper to clear his good name and reputation as a family man

and a businessman.

Page 5 of 7
12. This motion is VERIFIED to serve as the Affidavit of Merit of the

Accused in explaining the factual matters narrated alleged

above.

WHEREFORE, in the interest of justice, it is respectfully prayed that:

1. The instant case be immediately REVIVED from the

inactive archives of the Court;

2. The Accused be ALLOWED TO POST BAIL; and that

3. Leave of Court be granted allowing the REDUCTION of the

recommended bail from P60,000.00 to P30,000.00; and

4. The ARRAIGNMENT of the instant case be forthwith

scheduled upon posting by the Accused of the reduced cash

bond of P30,000.00 as request above.

FURTHER, the Accused respectfully prays for such and other reliefs as

may be deemed just and equitable in the premises.

Respectfully submitted this 27 December, 2019, at Davao City,

Philippines.

ATTY. PATRICIA NICOLE M. BALGOA


Counsel for the Accused
Rm. 3, 2/F Phoenix Bldg., Tulip Street,
Ecoland, Davao City
patnic.balgoa@gmail.com / Tel. No. (082) 221 0508
Page 6 of 7
PTR No. 882614; 05-07-17; Davao City
IBP Life Member Roll No. 029153
Roll of Attorneys No. 065132
MCLE Certificate of Compliance No. VII-101052
Issued on May 25, 2015 at Davao City

NOTICE OF HEARING / COPY FURNISHED

THE BRANCH CLERK OF COURT


RTC 17, Davao City

HON. REYNALDO M. TULFO


Office of the City Prosecutor
Davao City

ATTY. EDSAM ANDIT


Private Prosecutor
Davao City

Greetings:

Please take notice that the undersigned counsel for the accused hereby
earnestly requests that the foregoing Motion to De-Archive and Revive
be included in the calendar of cases to be heard by this Honorable
Court, on January 18, 2020, at 1 o’clock in the afternoon.

Thank you.

ATTY. PATRICIA NIOLE M. BALGOA

Page 7 of 7

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