You are on page 1of 3

Republic of the Philippines

National Capital Judicial Region


METROPOLITAN TRIAL COURT
Branch 44
Cebu City

RAFAEL FAUS,
Plaintiff,

- versus - Criminal Case


No. 111222

ERVIN ABAD,
Defendant.
x-------------------------------------------x

MOTION TO INHIBIT

DEFENDANT, through the undersigned counsel, respectfully moves


this Honorable Court to desist from trying the above-entitled case on the following
averments:

1. That defendant has been summoned before this Honorable Court;

2. That it appears that there is danger of partiality, bias and prejudice in favor of the
plaintiffs for the reason that Honorable Fiscals Pat Macoro, Mau Verso and Ruth
Cleda, since they are related to the plaintiff within the 4th civil degree of
consanguinity/affinity;

3. That defendant will be prejudiced if the Honorable Fiscals would prosecute the
above-entitled case;

4. That it is necessary that the Honorable Fiscals inhibit themselves so as to promote


the administration of justice.
WHEREFORE, in view of the foregoing, it is respectfully prayed
that Honorable Fiscals Pat Macoro, Mau Verso and Ruth Cleda inhibit themselves
from prosecuting and trying the above-entitled case.

Cebu City, Philippines. January 5, 2018.

ATTY. GERARD
RAYMUND R. TERUEL
Counsel
for Defendant

LETTER

Ervin Abad
Address

13 July 2018

HON. RICHARD ANTHONY D. FADULLON


Officer-in-Chief, Prosecutor General
Department of Justice
Padre Faura Street
Ermita, Manila 1000

Dear Honorable Prosecutor Fadullon,

I, the undersigned, write to respectfully urge you to suspend the prosecution


of Criminal Case No. 111222 on charges of _____________ filed before the Office
of the City Prosecutor of Cebu under the Office of the City Fiscal of Pat Macoro,
Mau Verso and Ruth Cleda.

Attached herein is the Motion to Inhibit filed last January 5, 2018.


However, as of this writing, the aforementioned fiscals have not yet inhibited
themselves from the case.

We respectfully request on this occasion to follow-up on the Motion to Inhibit I


filed before your good office.
By discontinuing the involvement of the aforementioned fiscals, the danger of
partiality, bias and prejudice in favor of the plaintiff will be removed, and hence,
the administration of justice will be served.

Thank you for your prompt attention to this matter and looking forward for your
utmost consideration.

Best regards,

Ervin Abad
Defendant