Republic of the Philippines

6TH JUDICIAL REGION

REGIONAL TRIAL COURT
San Carlos City, Negros Occidental
BRANCH 57
---oOo---

PEOPLE OF THE PHILIPPINES CRIM. CASE NO. RTC-

Complainant 5247

-versus-

MARCIAL GARINGO y For: MURDER

Librando and REYNANTE
ARIATE
Accused.
x----------------------------------------x

MOTION TO ADMIT ADDITIONAL WITNESSES

(For Accused Ariate)

Accused Ariate, by counsel, states that:

1. The undersigned counsel inherited this case from the previous

counsels of accused Ariate. Upon perusal and tedious
evaluation of the case records, it shows that there were
material witnesses for accused Ariate who were not included
as among the witnesses for Ariate in the pre-trial order;

2. In order to afford accused Ariate every and all

opportunity possible to prove his innocence in this case,
defense moves and pleads that this Honorable Court consider
and admits additional witnesses for his defense, not otherwise
included in the pre-trial order, to wit:

Name Address Purpose of Testimony

Marilou Malgapo No. 3A-302, To establish the fact
y Bautista Chateau Elysee that she was the tutor
Condominium, of the child of Cherryl
Don Bosco Manahan in
Extension, Parańaque City, as
Bicutan 1700, such, in several
Parańaque City occasions between
November 15 to
November 27, 2013,
she personally saw

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 accused Ariate to have
stayed and present at
the same
condominium unit at
Chateau Elysee,
Bicutan, Parańaque
City, where she would
conduct tutorial work.
Cherryl A. Block 1, Lot 5, To establish the fact
Manahan Novaromania 2, that Accused Ariate
Brgy. Bignay, arrived in Manila on
Valenzuela City November 15, 2013
and stayed in the
condominium unit she
owns at Chateau
Elysee, Bicutan,
Parańaque City where
she was also staying;
that she was with the
Accused the whole
time throughout his
stay in Manila until he
returned to Negros
Occidental on
November 28, 2013,
thus, highly
improbable for
accused Ariate to
participate in the
killing of the victim
which happened on
November 16, 2013;
she will also identify
pictures taken during
the stay of the accused
Ariate in Manila
between November 15,
2013 to November 28,
2013.
Raymundo G. Manager of 2Go For identification of a
Garganera Bacolod Branch certification issued by
2Go Bacolod Branch
dated March 22, 2021,
stating the fact that
accused Ariate is
listed as passenger in
the passenger
manifest of MV St.
Leo the Great (Voyage
No. 78) for its Bacolod
to Manila trip on
November 14, 2013;

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 that the said vessel
arrived in Manila on
November 15, 2013
Erwan Ariate B23/ L5 GPL1 To establish the fact
Greenplace that he was staying at
Homes 1, Brgy. the condominium unit
Malagasang, 2A, of Cherryl Manahan at
Imus City, Cavite Chateau Elysee,
Bicutan, Parańaque
City in 2013
particularly in the
month of November;
that he was with
accused Ariate from
November 15, 2013 to
November 28, 2013,
while the latter was in
Metro Manila,
supposedly to send off
his (Ariate) wife who
was then about to
leave for work abroad;
that as a matter of fact,
he was the one who
would take pictures
whenever they would
go out between those
dates, particularly the
picture of accused
Ariate, his wife and
Cherryl Manahan
within the vicinity of
Chateau Elysee, taken
on November 16, 2013
Representative Note: The To attest the fact that
of Cebu Pacific request for flight based on Cebu Pacific
(Yet to be named details pertinent flight details of their
depending on the to Reynante domestic flights
response of Cebu Ariate is still Manila-Bacolod on
Pacific Office) pending and November 28, 2013,
unacted upon by accused Ariate was
the airline one of its passengers.
company.

Most respectfully submitted, within the ten (10) day period

allowed by the Court counted from August 22, 2022.

August 31, 2022, Bacolod City for San Carlos City, Negros
Occidental, Philippines.

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 MALUNES, MAMPANG, MONTORO
&
ASSOCIATES
Counsel for Accused Reynante Ariate
Room 304, Park Lane Building,
Hilado-Tindalo Ave., Bacolod City
Tel No. (034) 468-5090

ARIEL I. MALUNES
Roll No. 51729
IBP No. 192611, 01/31/2022, Bacolod City
PTR No. 460228, 01/10/2022- E.B. Magalona, Neg. Occ.
MCLE NO.VI-0008713, extended until April 14, 2023
Email address: bluesride1971@yahoo.com

Copy furnished:

Atty. Dax Malony P. Montealegre

REDULA SANCHEZ MONTEALEGRE
BAUZON BRAGAT & DANLAG-LUIG LAW OFFICES
Private Prosecutor
Suites 301-304 C & F Ramirez Building II,
S.B. Cabahug St., Centro, Mandaue City,
Cebu, 6014 Philippines

EXPLANATION

The foregoing motion, as per agreement by the parties, was

furnished to the opposing counsel via electronic mail, and likewise filed
to this Honorable Court in the same mode.

ARIEL I. MALUNES

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