Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

11th Judicial Region
BRANCH 1
Davao City

PEOPLE OF THE PHILIPPINES

Plaintiff

-versus- CRIM.CASE NO.18-14344

FOR: FALSIFICATION OF
DOCUMENTS

JUAN REYES DELA CRUZ

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

MOTION FOR REINVESTIGATION AND

SUSPEND PROCEEDINGS

ACCUSED, through the undersigned counsel, to this

Honorable Court, most respectfully state that:

1. This case was filed by the Honorable City

Prosecutor without the benefit of the accused answering the
charges against him;

2. The Resolution of the Honorable City Prosecutor

states that the accused failed to submit his countervailing
evidence at the scheduled preliminary investigation;

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 3. The accused was not able to participate in the
conduct of the preliminary investigation because he was
neither informed nor given notice thereof;

4. In fact, the City Prosecutor’s Office received the

complaint on February 4, 2018, just two days after the
accused left for Europe on a scheduled business trip;

5. The accused denies of having received the

complaint/subpoena supposedly served upon him;

6. The accused only learned of the charges filed

against him upon his arrival in the Philippines on February
17, 2018;

7. The deprivation of the right to preliminary

investigation is tantamount to a violation of the
constitutional right to due process of law;

8. The right to preliminary investigation is statutory

rather than constitutional in its fundament, it is a component
part of due process in criminal justice;

9. The right to a preliminary investigation is not a

mere formal or technical right; it is a substantive right.
Right to due process simply demands an opportunity to be
heard. This is satisfied when the parties are afforded a fair
and reasonable opportunity to explain their respective sides
of the controversy;

10. The machine copy of the accused’s Passport

showing that he left the country on February 4, 2018 and
returned on February 17, 2018 as well as the Certification
issued by the Bureau of Immigration and Deportation
attesting that the accused left and returned on the said dates
is attached to this Motion.
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 WHEREFORE, premises considered, it is most
respectfully prayed of this Honorable Court, that the
foregoing motion be favorably granted.

Davao City, February 20, 2018.

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