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  • Petition: Republic of The Philippines Regional Trial Court Branch - , Quezon City

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    Jenny Jsp
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    Margarita Penduko filed a petition against the Quezon City Jail warden seeking the release of her husband Pedro Penduko from prison. Pedro was convicted of murder and sentenced to 12 years in prison based solely on his testimony, which he gave after the trial court compelled him to take the witness stand over the objection of his defense counsel. Margarita argues that Pedro's imprisonment is illegal because his conviction violated his constitutional right against self-incrimination. She requests that the court direct the jail warden to produce Pedro so that he may be set free without delay.

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    Coki 1 Revised

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    Margarita Penduko filed a petition against the Quezon City Jail warden seeking the release of her husband Pedro Penduko from prison. Pedro was convicted of murder and sentenced to 12 years in prison based solely on his testimony, which he gave after the trial court compelled him to take the witness stand over the objection of his defense counsel. Margarita argues that Pedro's imprisonment is illegal because his conviction violated his constitutional right against self-incrimination. She requests that the court direct the jail warden to produce Pedro so that he may be set free without delay.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    7 views2 pages

    Petition: Republic of The Philippines Regional Trial Court Branch - , Quezon City

    Uploaded by

    Jenny Jsp
    Margarita Penduko filed a petition against the Quezon City Jail warden seeking the release of her husband Pedro Penduko from prison. Pedro was convicted of murder and sentenced to 12 years in prison based solely on his testimony, which he gave after the trial court compelled him to take the witness stand over the objection of his defense counsel. Margarita argues that Pedro's imprisonment is illegal because his conviction violated his constitutional right against self-incrimination. She requests that the court direct the jail warden to produce Pedro so that he may be set free without delay.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
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    of 2

    Republic of the Philippines REGIONAL TRIAL COURT Branch ______, Quezon City

    Margarita Penduko, Petitioner, -versusNo. _____ City Warden of Q.C. Jail. Respondent. x--------------------------------------------------x SP. PROC.

    PETITION
    PETITIONER, by counsel and to this Honorable Court, alleges:

    1. Petitioner is of legal age and with residence at _______________, Quezon City. Respondent _______________ is the city warden of the Quezon City Jail, where he may be served with summons and other legal processes. 2. Petitioner is the wife of Pedro Penduko and is at present detailed at the said Quezon City Jail. 3. On or about ___________, Pedro Penduko was charged with murder in the RTC of Quezon City, and there being no eye witness who witnessed the commission of the crime, the prosecutor asked the trial court to be allowed to put in the witness stand accused Penduko. Over the vigorous objection of his defense counsel, the trial court compelled the accused to take the witness stand, with the warming that should he refuse, he would forthwith be sentenced to death. And so, he took the witness stand over the continuing objection of his defense counsel, and he testified that he killed the victim because he merely defended himself. On the basis of such testimony, the trial court sentenced the accused to a minimum of 12 years and one day of imprisonment, in a decision promulgated on ___________. 4. The accused was committed to prison at the Quezon City Jail, of which respondent is the jail warden, pursuant to said decision, copy of which is attached hereto as annex ________. The accused did not appeal the decision and it became final. 5. The imprisonment and detention of the accused Penduko were illegal, as he was convicted by the trial court in violation of his

    constitutional right against self-incrimination and of his right to keep silent.

    WHEREFORE, petitioner prays that respondent and those acting for his behalf at the QC Jail be directed to appear before this Honorable Court, produce by the body of Pedro Penduko, and explain why the latter should not be set at liberty forthwith and without delay.

    Place and date

    Counsel. Form No. 8

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