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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF BULACAN


THIRD JUDICAIL REGION
MALOLOS CITY, BULACAN
Family Court


PEOPLE OF THE PHILIPPINES
VS. CCN-1426-M-2014
FOR ATTEMPTED KIDNAPPING
KORINA CASTRO Y HALILI of Iba,
Silang, Cavite,
Accused.
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OPPOSITION TO MOTION TO DEFER ARRAIGNMENT
AND FOR PSYCHIATRIC EXAMINATION



The undersigned Assistant Provincial Prosecutor, to this honorable Court most respectfully
states that:

1. The Accused through counsel, filed Motion to Defer Arraignment and For Psychiatric
Examination citing Section 11 (a) of Rule 116 of the Rules of Court on the following ground:

The accused appears to be suffering from the unsound mental condition which
effectively renders him unable to fully understand the charge against him and to plead
intelligently thereto. In such case, the court shall order his mental examination, and if
necessary, his confinement for such purpose.
2. Upon thorough review of the motion, the reports of the provincial warden and that of one
CHERYL TIANGCO of Celda 7, Infirmary (hereto attached and made integral part hereof as
Annex A-A4), said motion of the counsel for the Accused is bereft of any merit
considering the following:
a. The report of said CHERYL TIANGCO about the unusual behavior of the accused
transpired on April 6 and 7, 2014 (or only two days) which can be considered as
remote, possibly brought about by anxiety on the incarceration of the accused;



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b. The Endorsement of the Provincial Warden on May 8, 2014 to Atty. Mariz
Macapacal, Public Attorney, Regional Trial Court, Bulacan, Branch 9, best exemplify
that the endorsement lacks urgency considering that it took one (1) month for them
from April 6 to May 8, 2014 to refer the Accused for psychiatric examination.
3. That the said motion to Defer Arraignment is dilatory on the foregoing grounds.
PRAYER
WHEREFORE , premises considered, it is respectfully prayed for that Accused Motion to
Defer Arraignment and for Psychiatric Examination be denied and the case be set for arraignment to
serve the ends of justice. All other reliefs, just and equitable under the circumstances, are likewise
prayed for.
This 2
nd
day of September, 2014 at Malolos City, Philippines.



NOLI FAILON
Asst. Provincial Prosecutor




The Branch Clerk of Court
RTC Family Court
City of Malolos, Bulacan

Greetings:

Please submit the foregoing for the consideration and resolution of the Honorable Court
immediately upon receipt.



NOLI FAILON
Asst. Provincial Prosecutor

Cc:

ATTY. MARIZ MACAPAGAL
Counsel for the Accused
Korina Castro y Halili








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EXPLANATION

(In compliance with Section 11, Rule 13 of the 1997 Rules of Civil Procedure)

Copies of the motion to which this explanation is append was:


Sent to the counsel for the Accused by registered mail due to the following reasons:

a. Great distance from the office of the counsel for the parties which makes personal service
impracticable;
b. Time constraint.





NOLI FAILON
Asst. Provincial Prosecutor








































Submitted by:







Rudthen M. Mendoza