Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

Regional Trial Court
Branch 139
Makati City

PEOPLE OF THE PHILIPPINES CRIMINAL CASE

NO.246
Plaintiff,
-versus- FOR:
BIGAMY
ROD RUDISTA,
Accused.

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

URGENT MOTION TO SUSPEND ARRAIGNMENT

COMES NOW, herein accused, ROD RUDISTA, thru the

undersigned counsel, respectfully states that:

1. This case is set for arraignment on January 25,

2020 at 1:30 PM;

2. Article III, Section 14 of the Constitution states:

Section 14. (1) No person shall be held to answer

for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall

be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature
and cause of accusation against him, to have a
speedy, impartial, and public trial, to meet the
witnesses face to face, and to have the
compulsory process to secure the attendance of
witnesses and the production of evidence in his
behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the
accused provided that he has been duly notified
and his failure to appear is unjustifiable.

3. Accused is suffering from an unsound mental

condition which effectively renders him unable to
 fully understand the charge against him and to
plead intelligently thereto;

4. Accused has been previously diagnosed with

paranoid schizophrenia and has to be committed to
a mental facility. A copy of the medical certificate
issued by his attending physician, Dr. Manoling
Lopez, is attached as Annex “1” and made an
integral part hereof;

WHEREFORE, premises considered, it is

respectfully prayed that the Honorable Court issue an
order, pursuant to Section 11 (a), Rule 116 of the
Revised Rules of Criminal Procedure, SUSPENSION of
the arraignment of the herein accused.

Other reliefs as maybe deemed just and equitable in the

premises are likewise prayed for.

January 18, 2020

Makati City, Metro Manila, Philippines.

ERNA D. DIMAPAIT
Counsel for the Accused
Roll of Attorneys No. 122345
IBP No. 123456-1/01/21-Makati City
PTR No.7040865-01/09/12-Makati City
MCLE Compliance No. III-0013269
Issued on April 21, 2010
 REQUEST FOR AND NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court
Branch 139, Makati City

Greetings!

Please submit the foregoing Motion to the Court for its consideration
and approval immediately upon receipt hereof and kindly include the same
in the court’s calendar for hearing on February 13, 2020 at 8:30 in the
morning.

ATTY. MORGAN MARZOC

Assistant City Prosecutor
Hall of Justice, Makati City
Greetings!
Please take notice that the foregoing Motion shall
be submitted for the consideration and approval of the
Honorable Court on Friday, February13, 2020 at 8:30 in
the morning or as soon as counsel and matter may be
heard.

ERNA D. DIMAPAIT
Counsel for the Accused
2/F Lopez Bldg., McKinley Hts.,Makati City
PTR No. 2345678, Jan. 2, 2015, Iriga City
Roll No. 33445
IBP Lifetime No. 456789
MCLE Compliance IV-0005776

Copy Furnished through Personal Service:

ATTY. MORGAN MARZOC

Assistant City Prosecutor
Hall of Justice, Makati City
Date received: _________________
Signature:_____________________
MS. LANI B. RUDISTA
Private Complainant
Salvacion, Iriga City
Date received: _________________
Signature:_____________________

Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION
Regional Trial Court
Branch 139
Makati City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE

NO.246
Plaintiff,

-versus- FOR:
BIGAMY

ROD RUDISTA,
Accused.

x---------------------------------------------
- - -x
COMMENT/OPPOSITION TO THE MOTION TO SUSPEND
ARRAIGNMENT

COMES NOW, the undersigned Government

Prosecutor unto this Honorable Court, by way of an
OPPOSITION to the motion to suspend proceedings
based on accused’s unsound mental condition:

1. Accused is set to be arraigned on January 25, 2020

at 1:30PM;
 2. The sudden recurrence of the accused’s unsound
mental condition mere days before the scheduled
arraignment invites suspicion;

3. As provided in Sec. 11(a) of the Revised Rules of

Criminal Procedure and 2017 Revised Guidelines
for Continuous Trial of Criminal Cases, the court
should order an independent examination of the
accused’s mental condition;

4. The medical certificate annexed to the motion filed

by accused, which was issued by his personal
physician, is self-serving evidence and does not
satisfy the requirement set forth in the Rules of
Court.

PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed unto this Honorable Court that the
motion to suspend the arraignment be DENIED for lack
of merit and for being a mere dilatory motion.

MOST RESPECTFULLY SUBMITTED.

January 18, 2020. Makati City, Philippines.

MEHRAB U. BAHRI
Prosecutor I
PTR No. 12345679-A; 01/15/2019; Cotabato City
IBP Lifetime Member No. 00117658; Cotabato City
Roll of Attorney's No. 90876
MCLE Compliance No. VX-00076542; 03/18/2019

Copy furnished:
ERNA D. DIMAPAIT
Counsel for the Accused

Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION
Regional Trial Court
Branch 139
Makati City

PEOPLE OF THE PHILIPPINES CRIMINAL CASE

NO.246
Plaintiff,
-versus- FOR:
BIGAMY
ROD RUDISTA
Accused.

X---------------------------------------------------------------------------------------x
ORDER
This issuance resolves the urgent motion to
suspend arraignment based on Section 11(a) of the
Revised Rules of Criminal Procedure filed by accused
Rod Rudista (“accused-movant”), as well as the
prosecution’s comment/opposition thereto.
ACCUSED’S MOTION
In his motion, accused-movant, thru counsel,
claims to be suffering from an unsound mental
condition which effectively renders him unable to fully
understand the charge against him and to plead
intelligently thereto. Such condition, accordingly,
warrants the suspension of the scheduled arraignment
of the instant criminal case.
In support to his motion, accused-movant has
attached the medical certificate issued by his attending
physician, Dr. Manoling Lopez, showing that he suffers
from paranoid schizophrenia and that he needs to be
confined in a mental health facility.
THE PROSECUTION’S COMMENT/OPPOSITION
In its comment/opposition, the prosecution alleges
that accused-movant’s motion should be denied for
being a dilatory motion in order to delay the instant
criminal proceeding.
The prosecution prays for the court to order the
mental examination of the accused and the rejection of
the accompanying medical certificate in the motion as
it is self-serving.

THE COURT’S RULING

The accused-movant’s motion to suspend the
arraignment based on the unsound mental condition he
is suffering from is hereby GRANTED.
Article III, Section 14 of the Constitution states:

Section 14. (1) No person shall be held to answer

for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall

be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature
and cause of accusation against him, to have a
speedy, impartial, and public trial, to meet the
witnesses face to face, and to have the
compulsory process to secure the attendance of
witnesses and the production of evidence in his
behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the
accused provided that he has been duly notified
and his failure to appear is unjustifiable.

Rule 115, Section 1 of the Rules of Court, reiterates

these rights, particularly:
Section 1. Rights of accused at trial. – In all
criminal prosecutions, the accused shall be
entitled to the following rights:
xxx
 (b) To be informed of the nature and cause of the
accusation against him.
xxx

Arraignment is the formal mode and manner of

implementing the constitutional right of an accused to
be informed of the nature and cause of the accusation
against him (People v. Pangilinan, 518 SCRA 358).

The purpose of such requirement is to ensure that

the accused is adequately informed of the charge
against him, so as to enable him to enter a proper plea
and mount an intelligent defense against it. Otherwise,
an invalid arraignment cannot lead to a valid trial or
judgment.

WHEREFORE, premises considered, accused-

movant Rod Rudista’s motion for suspension of the
arraignment due to his unsound mental condition is
hereby GRANTED.
SO ORDERED.
Makati City, Metro Manila, Philippines.
January18, 2020.

BEBE G. CAGANDAHAN
Presiding Judge