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Draft Motion For Reinvestigation

The accused is requesting the court to reinvestigate the case and suspend proceedings. He claims he was not able to participate in the preliminary investigation because he was not informed or given notice, as he was on a scheduled business trip abroad from February 4 to 17, when the prosecutor's office received the complaint. He denies receiving the complaint or subpoena supposedly served. The accused argues this deprivation of a preliminary investigation violates his right to due process. He attaches his passport and immigration records to prove the dates he was abroad.

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575 views3 pages

Draft Motion For Reinvestigation

The accused is requesting the court to reinvestigate the case and suspend proceedings. He claims he was not able to participate in the preliminary investigation because he was not informed or given notice, as he was on a scheduled business trip abroad from February 4 to 17, when the prosecutor's office received the complaint. He denies receiving the complaint or subpoena supposedly served. The accused argues this deprivation of a preliminary investigation violates his right to due process. He attaches his passport and immigration records to prove the dates he was abroad.

Uploaded by

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

MUNICIPAL TRIAL COURT IN CITIES


11th Judicial Region
BRANCH 1
Davao City

PEOPLE OF THE PHILIPPINES


Plaintiff

-versus- CRIM.CASE NO.18-14344


FOR: FALSIFICATION OF
DOCUMENTS

JUAN REYES DELA CRUZ


Accused.
x---------------------x

MOTION FOR REINVESTIGATION AND


SUSPEND PROCEEDINGS

ACCUSED, through the undersigned counsel, to this


Honorable Court, most respectfully state that:

1. This case was filed by the Honorable City


Prosecutor without the benefit of the accused answering the
charges against him;

2. The Resolution of the Honorable City Prosecutor


states that the accused failed to submit his countervailing
evidence at the scheduled preliminary investigation;

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3. The accused was not able to participate in the
conduct of the preliminary investigation because he was
neither informed nor given notice thereof;

4. In fact, the City Prosecutor’s Office received the


complaint on February 4, 2018, just two days after the
accused left for Europe on a scheduled business trip;

5. The accused denies of having received the


complaint/subpoena supposedly served upon him;

6. The accused only learned of the charges filed


against him upon his arrival in the Philippines on February
17, 2018;

7. The deprivation of the right to preliminary


investigation is tantamount to a violation of the
constitutional right to due process of law;

8. The right to preliminary investigation is statutory


rather than constitutional in its fundament, it is a component
part of due process in criminal justice;

9. The right to a preliminary investigation is not a


mere formal or technical right; it is a substantive right.
Right to due process simply demands an opportunity to be
heard. This is satisfied when the parties are afforded a fair
and reasonable opportunity to explain their respective sides
of the controversy;

10. The machine copy of the accused’s Passport


showing that he left the country on February 4, 2018 and
returned on February 17, 2018 as well as the Certification
issued by the Bureau of Immigration and Deportation
attesting that the accused left and returned on the said dates
is attached to this Motion.
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WHEREFORE, premises considered, it is most
respectfully prayed of this Honorable Court, that the
foregoing motion be favorably granted.

Davao City, February 20, 2018.

3|Page

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