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Republic of the Philippines

REGIONAL TRIAL COURT


Sixth Judicial Region
Branch 01
City of Bacolod

THE PEOPLE OF THE


PHILIPPINES,
Complainant,
I. S. No. 9987
- versus - FOR: BIGAMY (ART. 349,
REVISED PENAL CODE)
CARMELITA GO,
Accused.
x---------------------x

MOTION TO DEFER ARRAIGNMENT


AND SUSPEND PROCEEDINGS

COMES NOW, the Accused, through the undersigned counsel,


to this Honorable Court, respectfully states, to wit:

01. That the arraignments of the accused in this case were set
on 05 February 2018 at 8:30 in the morning. Copy of the Order
setting the arraignment was received on 01 February 2018.

02. That for the information and guidance of this Honorable


Court, on 30 January 2018, a Petition for Review was filed for the
accused in this case. The said Petition is currently pending before the
Office of the Secretary of the Department of Justice. Thus, in
accordance to Section 11(b) and (c), Rule 116 of the Rules of Court,
which provides that upon motion by the proper party, the
arraignment shall be suspended in the following cases:

(b) There exists a prejudicial question; and


(c) A petition for review of the resolution of the prosecutor is pending
at either the Department of Justice, or the Office of the President;
Provided, that the period of suspension shall not exceed sixty (60)
days counted from the filing of the petition with the reviewing office.
04. That a perusal of the said petition would show that the
issues raised therein are prejudicial questions which must be
resolved first before this Honorable Court can proceed with the
instant case.

05. Verily, so as not to render moot the issues raised before


the Office of the Secretary of Justice in the petition for review and for
practical and ethical considerations, this Honorable Court should
wait for the final determination of the said petition before taking
cognizance of the case.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed


that this Honorable Court suspend the proceedings in this case
including the arraignment of the accused and wait for the final
determination of the petition for review.

Other reliefs and remedies just and equitable under the


premises are likewise prayed for.

RESPECTFULLY SUBMITTED. 12 February 2018, Bacolod


City, Philippines.

JOE KING
COUNSEL OF THE ACCUSED
Roll of Attorneys No. 66213
IBP No. 1288732 [01.12.2015] Negros Occidental
MCLE Compliance No. IV-0009222 [07.22.2016]

Copy Furnished:

LOU M. GEROLIN
City Prosecutor, Bacolod cITY

The Branch Clerk of Court


RTC Branch 01, Bacolod City