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Republic of the Philippines

REGIONAL TRIAL COURT


Second Judicial Region
Cauayan City, Isabela
Branch 19

PEOPLE OF THE PHILIPPINES,


Plaintiff,

-versus- CRIMINAL CASE NO. 19-11101/02


For: FRUSTRATED MURDER
AND MURDER

ALVIN F. BOLIMA and


JOAN BARICAUA,
Accused.
x- - - - - - - - - - - - - - - - - - - - - - -x

MOTION TO SET THE CASE FOR PRE-


TRIAL CONFERENCE AND FOR
PRESENTATION OF PROSECUTION’S
EVIDENCE
The undersigned Private Prosecutor under the direct
supervision and control of the Public Prosecutor, unto this Honorable
Court, most respectfully moves:

1. On 18 January 2018, both accused were arraigned and


pleaded not guilty to the crime charged. Under Section 1, Rule 118 of
the Rules of Court, it provides:

“Section 1. Pre-trial; mandatory in criminal cases.


— In all criminal cases cognizable by the
Sandiganbayan, Regional Trial Court, Metropolitan
Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court and Municipal Circuit Trial
Court, the court shall after arraignment and within
thirty (30) days from the date the court acquires
jurisdiction over the person of the accused, unless a

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shorter period is provided for in special laws or
circulars of the Supreme Court, order a pre-trial
conference to consider the following:

(a) plea bargaining;

(b) stipulation of facts;

(c) marking for identification of evidence of the


parties;

(d) waiver of objections to admissibility of


evidence;

(e) modification of the order of trial if the accused


admits the charge but interposes a lawful
defense; and

(f) such other matters as will promote a fair and


expeditious trial of the criminal and civil
aspects of the case. (secs. 2 and 3, cir. 38-98)

2. In relation to the above stated provision, Section 1 of Rule


119 states:

“Section 1. Time to prepare for trial. —


After a plea of not guilty is entered, the accused
shall have at least fifteen (15) days to prepare
for trial. The trial shall commence within thirty
(30) days from receipt of the pre-trial order.
(sec. 6, cir. 38-98)

3. Thus, inasmuch as both accused in this


case has already been arraigned and their plea
of not guilty has been entered, trial on the
merits is now ready to proceed and the chance
for the prosecution to present its evidence;”

2. In view of the foregoing, the Private Prosecutor is now


ready, willing and able to adduce evidence;

WHEREFORE, it is most fervently prayed of this Honorable


Court TO SET the above-entitled case for the presentation of
prosecution evidence preferably on 23 March 2018 at 8:30 o’clock in
the morning;

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Other relief and remedy that is deemed just and equitable
under the circumstances is being prayed for.

Santiago City for Cauayan City, Isabela, 13 February 2018.

THE LAW OFFICES OF DAMASEN & SUBIA


Unit 5, Mango Suites, Calao East, Santiago City
E-mail: lmdlawoffice@gmail.com
Mobile No.: 09178730405
Tel. No.: (078) 305-2392

By:

ATTY. LUCKY M. DAMASEN


Private Prosecutor
MCLE Compliance No. V-008089/06-04-15
PTR No. 2398537/Santiago City/01-03-2018
IBP No. 021276/IBP National Office, Pasig City/05-03-2018
Roll No.37959/07-24-92

Copy furnished:

Office of the Provincial Prosecutor


Cauayan City, Isabela

Atty. Randolph Joseph P. Arreola


Purok 1, National Hi-way
Cauayan City, Isabela
/both by registered mail

EXPLANATION
(Pursuant to Section 11; Rule 13
of the 1997 Rules of Civil Procedure)

Copies of this Motion were duly served to Office of the Provincial


Prosecutor and Atty. Randolph Joseph P. Arreola via registered mail
with return card, instead of personal service, due to distance, time
constraints and lack of personnel to effect personal service.

RYAN JAY P. BAÑEZ

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