Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

5th Judicial Region
Tabaco City

PEOPLE OF THE PHILIPPINES

Plaintiff,
CRIM. CASE NO. 948
-versus- For: Slight Physical Injuries

CHRISTIAN FRIVALDO,
Accused.

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MOTION FOR THE ISSUANCE OF SUBPOENA

Prosecution, through the undersigned counsel, unto this Honorable Court,

most respectfully avers:

1. That the private complainant was previously detained at San Lorenzo

District Jail, Tabaco City on account of his conviction in Criminal Case No.
4905 before the Regional Trial Court-Branch 15, Tabaco City;

2. That Honorable Municipal Trial Court in Cities-Tabaco City took

cognizance that the private complainant, being a detention prisoner, in fact
every hearing it hands down an order directing the BJMP-Tabaco to bring
the person of Esteban Buendia for him to attend the proceedings of which
he stands as private complainant;

3. That on March 12, 2016, despite an appeal being elevated by Esteban

Buendia in Criminal Case No. 4905, said private complainant was
transferred to the Bureau of Corrections in Muntinlupa. Despite earnest
pleas of private prosecutor Atty. Rodito K. Nasayao, Jr. (in Criminal Case
No. 948) to momentarily stay the sudden transfer of confinement of Esteban
Buendia, in order to prevent the unnecessary expense to bring Esteban
Buendia back to Tabaco City, the BJMP-Regional Office denied his request;
 4. That there poses a denial to obtain justice if the private complainant will
not be given his day in court, or at least an opportunity to testify;

5. That the prosecution humbly requests that Esteban Buendia be subpoenaed

to attend a) the pre-trial; and b) the proceedings where he will be given his
testimony. In this light, it is respectfully moved that an order be issued
directing the Director of the National Bilibid Prisons, Bureau of Corrections,
Muntinlupa, to bring Esteban Buendia back to San Lorenzo District Jail and
to allow him to stay there until such time his presence and/or participation
in Criminal Case No. 948 has been fulfilled to the satisfaction of the
prosecution and the Honorable Court;

6. That it is most respectfully prayed that the resetting for the pre-trial be set
on May 17, 2016 at 2:00 in the afternoon.

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that the instant motion be granted.

Tabaco City, Philippines. March 12, 2016.

MARIANNE T. VERGARA-BORAGAY
Associate Prosecution Attorney II
Roll of Attorneys No. 63037
MCLE Compliance No: Newly Passed Lawyer