Mark Joseph M.

Virgilio

COURT OBSERVATION ON MOTION HEARING

Questions: What is the pending motion?What were the manifestations and

Arguments of public/private prosecutor and the counsel for the accused? How is
the motion disposed of by the court?

The Motion Hearing dated August 26, 2020 that I have observed was about the
case of People vs Rowen Luis for the violation of Section 5 of Republic Act 9165. It was a
hearing on the Motion of the Defense for the Discharge of Child in Conflict with the
Law.

This proceeding was presided by Judge Dennis A. Velasco of Regional Trial Court,
11 Judicial Region, Branch 22 of General Santos City. The trial prosecutor was Atty.
th

Gilbert B. Bandiola and the defense counsel was Atty. Dominique Christine M. Cariño.

At the start of the proceeding, the lawyers introduced themselves to the court
and after, the Judge called the name of the accused and acknowledged his presence.
The accused was accompanied by his lawyer and an officer from the Department of
Social Welfare and Development office.

The defense counsel manifested and argued that since the accused is only 16
years old when he committed the crime and the DSWD has already certified that he was
not acting with discernment during the buy-bust operation, then the child must be
immediately released from custody. The Judge asked the prosecution for any comments
or objections but the prosecution said that they have no objections over the motion.
The Judge then asked for the diversion and rehabilitation programs and plans for the
accused and the DSWD officer responded with a detailed rehabilitation, reintegration
and after-care plans for the child.

The Judge then made a decision granting the motion and declared the Child
released from the custody of the DSWD.