Legal Counseling Activity

Highlights

September 26, 2019

Name: Rolando Merceder Arturo

Status of the Case: Pending

Concern:
He was originally arrested for Trespassing but during arraignment was charged with Robbery.
He was asking if this was possible. He was also advised by his counsel to plea bargain to a lesser
offense and was asking if he should do that.

Advice:
I advised that the prosecutor of the case likely found probable cause to charge him of robbery. I
also advised him that he has the option whether to take the plea bargain or to fight his case.

Name: Billy Joe Morata

Status of the Case: Unknown

Concern:
He was charged with Sec. 5 of the Dangerous Drug Act. He was arrested along with 5 other
people. He does not know the status of the case nor have he attended any hearing related to it.
He stated that one of the person arrested alongside him was acquitted and was wondering if he
could use such acquittal to be acquitted as well.

Advise:
I advised him to know the status of the case. I advised him that finding out the status of the
case would allow him to know if such acquittal is base on the lack of evidence of the
prosecution against that specific person or if all of them was acquitted. Should it be the former,
then he cannot use such acquittal but if it was the latter, then clearly he could use it.
 Legal Counseling Activity
Highlights

October 14, 2019

Name: Auron Delos Reyes

Status of the Case: Pending

Concern:
He was charged with robbery by a woman who claims that he was the one who stole the money
she has on her which happened at the cockpit in Malanday. His defense was that he was at the
police community precinct (PCP) 2 of Cavite at the time of the happening of the supposed
robbery and could prove it with the testimony of the desk officer at the time and the CCTV
footage of the police station. He was asking what he could do regarding his case.

Advice:
I advised him that he could file a motion for ad testificandum and duces tecum to have the
police officer offer his statement and bring the footage of the CCTV camera to the court which
may be enough to prove his claim.

Name: Armando Timor

Status of the Case: Pending

Concern:
He was charged with two (2) counts of rape but was advised by his counsel to plea bargain to
the lesser offense of acts of lasciviousness. He claims that he already settled it with the victim
herself and she agreed not to file a case anymore in exchange of money settlement. He was
asking why the case is still pending when he had already settled things with the victim.

Advise:
I advised him that he could take the plea bargaining agreement which would allow him to serve
a lesser time than his original offense and could possibly entitle him to probation should he be
qualified. With regard his second question, I told him that in criminal cases the victim is actually
nothing more but a witness. The prosecutor has the prerogative should the case be filed in his
office already to proceed with the case even if the witness does not want to proceed with it any
further. I told him that what he settled was nothing more but his civil liability against the victim
and not the liability he incurred against the state which is his true opponent in a criminal case.