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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF LANAO del NORTE


12TH JUDICIAL REGION
BRANCH 7
TUBOD, LANAO del NORTE

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 2273-07-2018


Plaintiff,

-versus-
FOR RAPE

PEDRO TAPLAK, y MONTEVIROS,


Accused.

x ---------------------------------------------------------------------------------x

MOTION FOR AUTHORIZATION FOR WITNESSES


TO DISCUSS FACTS OF THE CASE WITH DEFENSE COUNSEL

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, ______________, Defendant, in the above styled and numbered cause, and respectfully

requests this Court to enter an Order advising all witnesses in this case that it is permissible to discuss the case

with Counsel for the Defense and with the defense’s private investigator. In support hereof, the Defendant

would show the Court as follows:

I.

(1) "It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to

convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing

the innocence of the accused." Code Crim. Proc. art. ____.

II.

There are a certain number of fact witnesses who know or may possess certain information or material

in this case, and counsel for the Defendant, in order to be in a position to render the effective assistance of

counsel, must be allowed to interview all of said witnesses prior to trial, including some law enforcement

officers.
III.

The Defendant requests this Court to instruct the prosecutor not to tell these witnesses, or any witnesses,

that they do not have to talk to defense counsel or that said witnesses can refuse to talk to said defense counsel.

The Defendant submits that any such statement or communication by the prosecution to said witnesses would

constitute an effort to intimidate said witnesses or in some manner influence witnesses not to cooperate with

defense counsel.

IV.

In the alternative, Defendant requests that this Court order the government to provide, thirty days before

voir dire begins, copies of the written or recorded statements of the witnesses it intends to call at trial.

WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that this Honorable Court

will enter an Order authorizing said witnesses to discuss the facts of the case with Defense Counsel and

instructing the prosecution not to communicate to any witness that said witness does not have to talk to Defense

Counsel or that said witness can refuse to talk to said Counsel or in any other manner attempt to intimidate or

forcefully suggest to a potential witness so that said witness does not cooperate with Defense Counsel.

Respectfully submitted,

ATTY. IRENE ROA ANIBONG


Attorney Name
State Bar Number
Address
City, State, Zip
Phone
Fax

Attorney for Defendant

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing motion was delivered to the prosecuting

attorney in this cause on the _______day of_______2018.

______________________________

Attorney

CAUSE NO. _________

THE STATE OF TEXAS § IN THE ______________ COURT

V. § OF _________ COUNTY, TEXAS

[DEFENDANT] § ______TH JUDICIAL DISTRICT

ORDER ON DEFENDANT’S MOTION FOR AUTHORIZATION


FOR STATE'S WITNESSES TO DISCUSS FACTS OF THE CASE
WITH DEFENSE COUNSEL

On this day, came to be heard the Defendant’s Motion For Authorization of State's Witnesses to Discuss

Facts of the case with Defense Counsel and the same is hereby:

________ GRANTED in the interest of justice.

________ DENIED to which action the Defendant timely excepts.

Signed on this the ____ day of ______________, 200 .

______________________________
JUDGE PRESIDING