REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 282, VALENZUELA CITY

PEOPLE OF THE PHILIPPINES, Crim. Case No. 839-V-19

For: Violation of Sec. 11, Art. II, RA
-versus- 9165

MICHAEL DURAN y PEREZ,

Accused.
x--------------------x

MOTION TO SET HEARING

THROUGH VIDEO CONFERENCE

The above-named accused, represented by the Public Attorney’s

Office, unto this Honorable Court, most respectfully avers as follows:

1. On 29 May 2020, Chief Justice Diosdado M. Peralta issued

Administrative Circular No. 41-2020 (Re: Court Operations Beginning
1 June 2020) which states, among others, that the hearings of
cases, regardless of the stage of the trial, shall all be in-court,
except in cases involving Persons Deprived of Liberty (PDLs) who
shall continue to appear remotely from the detention facility, and in
cases with extraordinary circumstances as may be determined by
the justices and judges, which shall be heard through
videoconferencing.

2. Subsequently, the Supreme Court Public Information Office released

an Announcement dated 31 May 2020 in which it said that courts in
areas under general community quarantine may hold hearings in
criminal and civil cases through videoconferencing provided that a
proper motion is filed: “Videoconferencing hearings will continue
during GCQ. This is authorized by both AC 40-2020 and AC 41-2020
which were issued by Chief Justice Diosdado M. Peralta. Hence, for
example, if a party wishes his/her case to be heard via
videoconferencing, the proper motion just needs to be filed, and the
court, using its sound discretion, can either grant or deny the
motion. This remedy is available in both civil and criminal
cases.”

3. The instant case is set for the presentation of accused Benjamin

Leonardo y Laxamana pursuant to the Order of the Honorable Court
dated 16 June 2020 granting the Motion to Present Additional
Witness which was filed by the defense. The above-named accused
informed the undersigned public attorney that their house is
equipped with PLDT Fiber internet connection and that Benjamin
 Leonardo y Laxamana expressed his willingness to testify for him.
The above-named accused may bring Benjamin Leonardo y
Laxamana to their house so that he may, if allowed by the
Honorable Court, testify through video conference. For this purpose,
the invitation to participate in the hearing through video conference
may be sent to above-named accused through his e-mail address,
namely, donduran.md@gmail.com. The resumption of the
proceedings in the instant case through video conference is
pragmatic as it will safeguard all the parties and their counsel as
well as the judge and the court staff against the risk of possible
COVID-19 infection.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that

this motion be granted.

Other relief and remedies, just and equitable, are likewise prayed
for.

Valenzuela City, 18 June 2020.

PUBLIC ATTORNEY’S OFFICE

VALENZUELA DISTRICT OFFICE
1st Floor, Metropolitan Trial Court Bldg.
Justice Hall Compound, C.J. Santos St., Poblacion II,
Malinta, Valenzuela City

Through:

ATTY. RAFAEL D. PANGILINAN

Public Attorney II
Roll No. 64684
IBP OR No. 035862 dated 8/1/18 / CALMANA
MCLE Compliance No. VI - 0006876 dated 3/20/18

Copy furnished:
ACP Aileen S. Agacita
Office of the City Prosecutor of Valenzuela City
ocpvalenzuela.ereceiving@gmail.com