Republic of the Philippines

REGIONAL TRIAL COURT

7TH Judicial Region
Branch 26
Argao, Cebu

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. AR-4480

Plaintiff, FOR: DOUBLE MURDER

-versus-

NEIL CABUNILLAS, JOSE

JEFFREY ALGABRE & JOHN
DOES,
Accused.
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-/

MOTION TO SET CASE FOR HEARING

ACCUSED JOSE JEFFREY ALGABRE, through counsel, to

this Honorable Court most respectfully state that:

1. On January 7, 2019, this Honorable Court issued an Order setting

this case for hearing on May 17, 2019.

2. On May 17, 2019, the scheduled hearing was not pushed through.

3. On April 27, 2020, the Supreme Court has issued Administrative

Circular No. 37-2020 which provides pilot testing of hearings of
criminal cases involving persons deprived of liberty through
videoconferencing:

“Considering the extension of the Enhanced

Community Quarantine and the imposition of
General Community Quarantine in the different
provinces and cities in the country, and the
reported infection of some Persons Deprived of
Liberty (PDLs) to Covid-19 in the different
detention facilities, there is a serious need to further
restrain the movement and travel of court users,
PDLs, judges and court personnel to further reduce
the spread of the dreaded infectious disease.
Accordingly, with the concurrence of all the
members of the Court, the following directives are
hereby issued –
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 1. The hearings on urgent matters in criminal cases
involving PDLs through videoconferencing shall be
pilot tested during this period of public health
emergency in the following authorized court
stations identified by the Office of the Court
Administrator (OCA):

xxx xxx xxx

Region VII – Cebu City; Lapu Lapu City; Mandaue

City; Dumaguete City; Tanjay City;

xxx xxx xxx

2. The hearings through videoconferencing shall

cover all PDLs and may apply to all stages of trial
of newly-filed and pending criminal cases,
including but not limited to, arraignment, pre-
trial, bail hearings, trial proper, and promulgation
of judgment. (emphasis supplied)

4. On May 4, 2020, the Supreme Court issued OCA Circular No. 93-
2020 which implements the Supreme Court Administrative
Circular No. 37-2020 on the pilot testing of hearings of criminal
cases involving persons deprived of liberty through
videoconferencing:

“This Circular is issued pursuant to par. 7, Supreme

Court Administrative Circular No. 37-2020 (A.C. 37-
2020) directing the Office of the Court
Administrator (OCA) ‘to immediately issue the
necessary directives and take the requisite steps to
implement this pilot testing of hearings in criminal
cases (involving persons deprived of liberty [PDLs]
through videoconferencing.

In accordance with pars. 1 and 6, A.C. 37-2020, the

hearings through videoconferencing contemplates
herein shall apply only to ‘hearings on urgent
matters in criminal cases involving PDLs’ which is
merely being pilot tested during this period of
public health emergency’ in the authorized court
stations listed in the quoted circular, whether the
areas where these stations are located are under

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 Enhanced Community Quarantine (ECQ) or
General Community Quarantine (GCQ).

In view of the foregoing, the following are herein

provided to implement A.C. 37-2020:

xxx xxx xxx

2. Videoconferencing hearings shall include all

stages of trial of newly-filed and pending criminal
cases, including arraignment, pre-trial, bail
hearings, trial proper and promulgation of
judgment, as well as incidents related thereto,
provided they pertain to urgent matters in
criminal cases involving PDLs who are detained
in the Bureau of Jail Management and Penology
(BJMP), provincial jails, custodial centers, as well
as those in police precincts or lock up jails
awaiting their commitment to the proper jail
facilities. An accused who is already out on bail or
recognizance cannot avail of videoconferencing
hearings.” (emphasis supplied)

5. From May 17, 2019 until present (July 27, 2020), the instant case
has not been heard depriving the accused of his constitutional
rights to speedy disposition of his case and to speedy trial.

6. Hence, this motion is proper pursuant to Administrative Circular

No. 37 – 2020, OCA Circular No. 93 – 2020 and to 1987 Philippine
Constitution.

PRAYER

WHEREFORE, in view of all the foregoing, it is respectfully

prayed that this Honorable Court issue an Order to set case for
hearing.

All other reliefs just and equitable under the foregoing are
likewise prayed for.

RESPECTFULLY SUBMITTED. July 27, 2020. Cebu City (for

Argao, Cebu), Philippines.

P.B. LABRADO AND PARTNERS LAW OFFICES

Counsel for Accused
Room 202, 2nd Floor, Aniceta Bldg.,
3
 Osmeňa Blvd., Cebu City
Tel. No. (032) 405 3099

By:

MARC CHRISTIAN H. TANGPUZ

Roll of Attorneys No. 72435
TR No. 502224; Cebu Province, January 10, 2020
IBP No. AR43284160; Cebu Province, January 10, 2020
MCLE Compliance No. VII-0001477 valid until April 14, 2025
Room 202, Aniceta Bldg. Osmena Blvd., Cebu City
Cell No. 0939 397 6604
marcchristiantangpuz@gmail.com

REQUEST

ATTY. BOY C. TECSON

Branch Clerk of Court
RTC Branch 26 – Argao, Cebu
Argao, Cebu
rtcOCCargao@gmail.com

Greetings! Please set this motion to set case for hearing for
hearing on July 31, 2020 at 8:30 o’clock in the morning, with the
presence of counsel and further argument. Thank you very much!

MARC CHRISTIAN H. TANGPUZ

NOTICE

PROS. LIEWELLYN F. BONGHANOY

Handling Public Prosecutor
RTC 26 Argao, Cebu
liechoki@yahoo.com

Greetings! Please and kindly take notice that this motion to set
case for hearing is set for hearing on July 31, 2020 at 8:30 o’clock in
the morning, with the presence of counsel and further argument.
Thank you very much!

MARC CHRISTIAN H. TANGPUZ

EXPLANATION

Due to distance from the undersigned’s office to that of that

Office of the Provincial Prosecutor and to avoid COVID-19, service

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was done by registered mail or electronic mail address since the
preferred mode of service is costly and impracticable.

MARC CHRISTIAN H. TANGPUZ

Copy furnished: (By Electronic Service and/or Registry Receipt)

PROS. LIEWELLYN F. BONGHANOY

Handling Public Prosecutor
RTC 26 Argao, Cebu
liechoki@yahoo.com