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Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT Branch 001, Paranaque City

PEOPLE OF THE PHILIPPINES, Complainant, Criminal Case No. 8888 -versusFor: Attempted Homicide John Doe, Accused. xxx-----------------------xxx--------------------------------------------------------------------------------------------------------------------------------------------------------xxx ---xxx

FORMAL ENTRY OF APPEARANCE WITH URGENT OMNIBUS MOTION FOR REINVESTIGATION AND TO CONDUCT PRELIMINARY INVESTIGATION AND MOTION FOR THE IMMEDIATE RELEASE OF THE ACCUSED UNDER DETENTION AS HIS ARREST WAS NOT IN ACCORDANCE WITH SECTION 5, RULES 113 OF THE REVISED RULES OF CRIMINAL PROCEDURE

COMES NOW NOW the undersigned LAW FIRM, FIRM, respectfully enters its appearance as counsel for accused John Doe and it is respectfully requested that all pleadings, documents, papers and orders be furnished at the said address at: Guzman Law Office Unit 1004, Palace corner Seoul Sts., BF Homes Subdivision, Las Pinas City, Philippines Metro Manila Tel No. (02)227-9888; 0916-536-8888

Formal… Page 2…. xxx--------------------------------------------------------------------------------------------xxx

1. That the accused JOHN DOE in this case is being charged for Attempted Homicide and Illegal Possession of Firearm, with the Regional Trial Court, Paranaque City, and is UNDER DETENTION;

2. That the accused moves for a reinvestigation in this case as undersigned was completely denied of the right to preliminary investigation preparatory to the filing of the Information with this Honorable Court;

3. Verily, the right to have a full and complete preliminary investigation conducted being bound over to trial for a criminal offense and hence formally at risk of incarceration or some other penalty is not a mere formality or technical right, IT IS A SUBSTANTIVE RIGHT (Larranaga vs. Court of Appeals, 218 SCRA 254). Hence to deny the accused to claim full and complete preliminary investigation would be to DEPRIVE HIM OF THE FULL MEASURE OF HIS RIGHT TO DUE PROCESS (Mondia vs. Deputy Ombudsman, 354 SCRA 165).

4. That indeed, the denial on accused JOHN DOE’s right to preliminary investigation, and even worse, an impairment of the accused substantive right, mandates an IMMEDIATE REINVESTIGATION OF THE CRIMINAL COMPLAINT (Antiporda vs. Garchitorena, 321 SCRA 551);

5. That the Complaint-Affidavit of complainant clearly show that accused JOHN DOE did not knowingly and intentionally participated in the commission of the crime as charged. It is respectfully submitted that the matter deserves reinvestigation of the Prosecutor’s Office of Paranaque City as the charge is with the recommended bail of TWELVE THOUSAND PESOS (Php 12,000.00), and onerous on the part of the accused as he is an ordinary carpenter;


6. Finally, aside from unduly clogging the dockets of the Honorable Court with this baseless suit, accused JOHN DOE could not have possibly committed the imagined acts complained of purportedly constituting Violation of R.A. 1806 as amended, and Attempted Homicide;

7. In the light of the foregoing, the undersigned accused having been unjustly deprived of his constitutional right to due process of law of the right to preliminary investigation, accused JOHN DOE is constrained to seek relief from this Honorable Court through this instant motion seeking an Order of directing the Office of the City Prosecutors Office of Paranaque City, to conduct a reinvestigation in this case, for the immediate release of accused John Doe FROM DETENTION AS HIS ARREST WAS NOT IN ACCORDANCE WITH Sec. 5, Rule 113 of the Revised Rules of Criminal Procedure, and in the meantime, suspending further proceedings in this case until the resolution of the same.

Wherefore, premised considered, it is respectfully prayed that: 1) the appearance of the undersigned LAW FIRM as counsel for accused John Doe be NOTED; 2) this Honorable Court issue an order remanding the case for Preliminary Investigation with the Prosecutors Office of Paranaque City; 3) praying for the immediate release of accused John Doe from detention; and, 3) accused also prays for other reliefs and remedies that this Honorable Court may find just and equitable under the premises.

Las Pinas City, for Paranaque City 09 January 2014.

Guzman Law Office Counsel for Accused John Doe Unit 1004, Palace corner Seoul Sts., BF Homes Subdivision, Las Pinas City Tel No. (02) 227-98-88; 0916-356-8888


Michael Rangielo B. Guzman PTR-3245888; 1-06-2014; Las Pinas City IBP-7812888; 1-06-2013; Calamba City Roll 48888 MCLE IV-0004488

NOTICE OF HEARING:

Office of the City Prosecutor Paranaque City

Greetings: Please take notice that due to the urgency of this matter, the foregoing motion will be presented for consideration of this Honorable Court on January 15, 2013, at 8:30 a.m., or soon thereafter, without any further oral argument.

Copy furnished:

Office of the City Prosecutor Paranaque City

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