Republic of the Philippines

REGIONAL TRIAL COURT

1. CAPTION
Second Judicial Region
BRANCH 111
Cauayan City, Isabela

Name of the court

JOY BELMONTE Docket number

Petitioner

-versus- SCA NO. 12345

Parties
For : HABEAS CORPUS

VICO SOTTO,
Respondent
X-------------------------X Title

PETITION
2. BODY
Petitioner, through the undersigned counsel, unto this Honorable
Court, respectfully states that:

1. Petitioner is of legal age, Filipino, married and a resident of San

Fermin, Cauayan City where she may be served with notices, orders,
and other Court processes as well as to the address of the Parties
undersigned counsel.
Address
2. Respondent is likewise of legal age, Filipino, married, and a resident
of Minante 1, Cauayan City, Isabela where he may be served with
summons and other Court processes.

3. The Petitioner and the Respondent are husband and wife. Copy of
their certificate of marriage is hereto attached and marked as Annex
“A”.
Allegations
Page 1/6
4. That during their cohabitation they begot a child named ISKO
BELMONTE SOTTO who was born on March 15, 2014 at Ester Garcia
General Hospital, San Fermin, Cauayan City, Isabela. Copy of the
Certificate of Live Birth is hereto attached and marked as Annex “B”.

5. That since birth, the child Isko B. Sotto resided with the Petitioner at
San. Fermin, Cauayan City, Isabela and he is currently enrolled as
nursery student at San Fermin Day Care Center where he has made
so many friends.

6. That Petitioner and Respondent separated on May 2015 due to the fact
that Respondent was maintaining a mistress at Minante 1, Cauayan
City, Isabela and that said mistress also begot a child on April 2015.
Since May 2015 the Respondent left their conjugal dwelling and lived
with his mistress at Minante 1, Cauayan City, Isabela.

7. That on April 15, 2020 at around 2:00 o;clock in the afternoon, the
Respondent went to the residence of the Petitioner and asked to
borrow the minor child Isko allegedly to treat him at Jollibee. The
Petitioner gave in and allowed Respondent to bring the child to
Jollibee with the Respondent. That at around 5:00 o’clock in the
afternoon, the Petitioner was calling the Respondent however his
phone was turned off. At around 7:00 o;clock in the evening and
receiving no word as to the whereabouts of her son, the Petitioner
went to Minante 1, Cauayan city, Isabela to look for the Respondent
and there she saw the minor child Isko inside the residence of
Respondent and his paramour/mistress. The Petitioner was further
shocked as she saw his son crying and when Isko saw her, he
immediately went to her and hugged her and begged to be brought
home at San Fermin as he claims that he was being introduced to
another child who is allegedly his sibling.

8. That apparently the Respondent introduced the minor child Isko to

his illegitimate child reason for which Isko was confused.

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 9. That when Petitioner tried to leave with Isko, she was prevented by
the Respondent claiming that he also has the right of custody as he
is also the father. He then locked the door of the house and prevented
Isko to come out despite his crying and begging to be with
Petitioner.

10. Despite her pleas, the Respondent refused to open the door and allow
Petitioner to comfort her son.

11. That Petitioner sought the assistance of Barangay Officials Minante 1,

Cauayan City and even the police but to no avail as the Respondent
refused to open the door claiming that he has the right to custody
being the father of the minor child Isko. Copy of the barangay
Certificate to File Action and police blotter is hereto attached and
marked as Annex “C
and Annex “D” respectively.

12. That the continuous deprivation of liberty of Isko with his

illegitimate sibling and the mistress of his father is detrimental to his
growth, his emotional stability and might even cause psychological
trauma. Not to mention that he is not familiar with them as he
resided with the Petitioner since birth and considers San Fermin as
his residence where he has friends and acquaintances. He is
practically being held by the Respondent at Minante 1, Cauayan City,
Isabela against his will.

13. That under the law a minor child under seven (7) years old should
remain in the custody of the mother.

14. That any issue of custody can be settled after the minor child is
returned to the custody of the mother.

WHEREFORE, in view of the foregoing it is most respectfully prayed

that an ORDER be issued directing the Respondent Vico Sotto of Minante 1,
Cauayan City, Isabela under pains of penalty of law to bring the minor child
Isko B. Sotto to the Court at the time and date wherein the court will schedule

Relief

Page 3/6
the hearing and to show cause the reason for the deprivation of liberty of the
minor child.

It is further prayed that after consideration of the circumstances of the

case, the Honorable Court shall direct the Respondent to give temporary
custody of the minor child to the Petitioner until otherwise decreed by the
court.

Other reliefs just and equitable is likewise prayed for.

April 20, 2020 Cauayan City, Isabela

Date
Attorney’s box

ATTY. JENNELYN A. GAOIRAN

Counsel for the Petitioner
nd
2 Floor EMJ Building, San Fermin
Signature and Cauayan City, Isabela
address PTR NO 35238484- Jan. 3, 2020
IBP OR NO . 1563573- Jan 3, 2020
MCLE-VI-764566- Until April 15, 2023
ROLL NO. 1578356
CP NO. 09157504384/
gaojen1122@gmail.com

Page 4/6
 REPUBLIC OF THE PHILIPPINES) Scilicet
PROVINCE OF ISABELA )
CITY OF CAUAYAN )
X---------------------------------------X TITLE

VERIFICATION AND CERTIFACTION OF NON-FORUM

SHOPPING

That I, JOY BELMONTE SOTTO of legal age, married, Filipino, with

residence address at San Fermin, Cauayan City, Isabela after having been duly
sworn to in accordance with law hereby depose and say;

BODY 1. That I am the petitioner in the above-entitled case/petition;

2. That I caused the preparation and filing of this petition and have
read and know the contents thereof, and that the allegations therein
are true and correct of my own knowledge;

3. That I have not heretofore commenced any action of proceeding

involving the same issues in the Supreme Court; the Court of Appeals
or any other tribunal or agency and to the best of my knowledge no
such action or claim is pending therein and that should I learn of the
pendency of a similar action filed in any court, tribunal or quasi-
judicial agency, I will report said fact to this Honorable Court within
five (5) days from the acquisition thereof.

IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of

April 2020 at Cauyan City, Isabela.
Date

JOY BELMONTE SOTTO

Signature of the affiant Affiant
Driver’s License No. 123456
Valid until April 2023

Page 5/6
 Issued by LTO
Cauayan

SUBSCRIBED AND SWORN to before me this 20TH day of April 2020

at Cauayan City, Isabela.
Jurat
Doc. No. _______;
Page No. _______;
Book No. ______; Notary Public
Series of 2019.

Page 6/6
 Republic of the Philippines
REGIONAL TRIAL COURT
1.CAPTION
SECOND JUDICIAL REGION
Cauayan City, Isabela
Branch 111

Name of the court

PEOPLE OF THE
PHILIPPINES Docket number
Plaintiff,
Crim. Case No. 123445
Parties
- versus- For : Homicide

KOKO PIMENTEL
Accused
x———————————x Title

MOTION FOR NEW TRIAL

COMES NOW, the accused assisted by the undersigned counsel and

unto this Honorable Court most respectfully moves for reconsideration the
Decision dated April 15, 2020 and in support thereof avers:

2. Body
TIMELINESS OF THE MOTION

(a) That April 15, 2020 the Honorable Court rendered a Decision the
dispositive portion of which reads as follows: Decision of the court

“WHEREFORE, premises considered, the court finds the accused

KOKO PIMENTEL GUILTY beyond reasonable doubt as principal by
direct participation for the crime of Homicide and penalized under
Article 249 of the Revised Penal Code and he is hereby sentenced to suffer

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 the indeterminate penalty of ten (10) years of prision mayor as
minimum to sixteen (16) years of reclusion temporal as maximum.

Accused MIGUEL ZUBIRI and EDGARDO ANGARA are

ACQUITTED for insufficiency of evidence.

SO ORDERED.”

2. That the accused has fifteen (days) or until April 30, 2020 to file a
Motion for Reconsideration or New Trial hence this Motion is
timely filed.

GROUNDS FOR THE MOTION

THAT THERE ARE IRREGULARITIES PREJUDICIAL TO THE

SUBSTANTIAL RIGHT OF THE ACCUSED HAVE COMMITTED DURING
THE TRIAL

3. Foremost, the accused is in detention for failure to post bail.

4. That during the reception of evidence for the defense set on March
3, 10, 15 and April 2, 2020, the accused is suppose to be brought to
Grounds
court to testify. However the personnel of BJMP failed to bring the
accused to court.

5. There are two (2) reasons why the accused cannot be brought to
court. First is that the accused is suffering from chicken pox which
is highly contagious disease reason for which the BJMP Doctor
ordered that the accused remain in isolation. Second is that the
personnel of BJMP musty have confused the accused to another
inmate named Kiko Pangilinan who was the one brought to the
court.

6. That due to the failure of the accused to testify the Honorable Court
declared the accused to have waived his right to be heard and then
submitted the case for decision.

Page 2/4
 7. That the accused did not waive his right to be heard, he was merely
prevented by his jailers to attend the hearing hence the accused
cannot be blamed.
8. That it is imperative that the accused be allowed to testify so that he
can establish his defense and prove his innocence of the crime
charged.

WHEREFORE, in view of the foregoing, it is most respectfully prayed to

this Honorable Court that the Decision dated April 15,m 2020 be RECALLED
and SET ASIDE and that a new trial be conducted to allow the accused to
establish his defenses. Relief

Other reliefs just and equitable are likewise prayed for.

Date April 20, 2020 Cauayan City, Isabela

Attorney’s Box

ATTY. JENNELYN A. GAOIRAN

Counsel for the Accused
Signature and nd
2 Floor EMJ Building, San Fermin
address Cauayan City, Isabela
PTR NO 35238484- Jan. 3, 2020
IBP OR NO . 1563573- Jan 3, 2020
MCLE-VI-764566- Until April 15, 2023
ROLL NO. 1578356
CP NO. 09157504384/
gaojen1122@gmail.com

Copy furnished

Pros. ROWENA GUANZON

Public Prosecutor

Page 3/4
 Request for notice of hearing
TO THE CLERK OF COURT
RTC BRANCH 111
Please note that the undersigned counsel will ask the Honorable Court to
calendar the hearing of the instant Motion on May 1, 2020 at 9:00 o;clock in
the morning where counsel may be heard.

ATTY. JENNELYN A. GAOIRAN

Counsel for the Accused

Page 4/4
 1.CAPTION
Republic of the Philippines
SECOND JUDICIAL REGION
Municipal Trial Court in Cities
Cauayan City, Isabela
Name of the court
Docket number

PEOPLE OF THE PHILIPPINES Crim. Case No. 333333

Plaintiff
Parties
For; “Usurpation of Authority”
- versus –

HARRY S. ROQUE
Accused Title
x-----------------------------x

INFORMATION
2. Body
The undersigned City Prosecutor accuses, HARRY S. ROQUE of Purok 1,
San Fermin, Cauayan City, Isabela of the crime of Usurpation of Authority
defined and penalized under Article 177 of the Revised Penal Code committed
as follows; Allegations

That on or about the 20th day April 2020, in Barangay San Fermin,
Cauayan City, Isabela and within the jurisdiction of this Honorable
Court the above named accused did then and there willfully, unlawfully,
and feloniously, falsely represented himself as a police officer at the
check point at San Fermin, Cauayan City, Isabela by wearing a PNP
Uniform and presenting a fake PNP Identification card and introducing
himself as Major Harry Roque assigned as Provincial Intelligence Officer
and asked that he be exempted from securing a quarantine pass when in
truth and in fact he is no way connected to the PNP to the damage and
prejudice of the PNP Institution.

CONTRARY TO LAW.

Page 1/2
 DATE
Cauayan City, Isabela April 21, 2020.

RODRIGO R. DUTERTE
Signature of the city City Prosecutor
prosecutor MCLE No. VI-1234567
Valid until April 2023

SUBSCRIBED AND SWORN to before me this 21st day of April 2020 at

Cauayan City,Isabela.
Jurat
LENI S. ROBREDO
Assistant City Prosecutor

CERTIFICATION CERTIFICATION

I hereby CERTIFY that the accused was subjected to inquest proceedings

and that he was asked if he would avail of Preliminary Investigation and to
avail of the provisions of Section 6, Article 112 of the Revised Penal Code,
however the accused refused and in the presence of his counsel he manifested
that he would avail of such rights. Copy of the Resolution finding probable
cause based on the presented presented is hereto attached.

RODRIGO R. DUTERTE
City Prosecutor
MCLE No. VI-1234567
Valid until April 2023

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