“URGENT
OMNIBUS MOTION:
1.
TO REVIVE THE INSTANT CASE
2.
TO POST BAIL, AND
3. FOR LEAVE OF
COURT FOR REDUCTION OF BAIL
THE
ACCUSED x x x , assisted by the undersigned counsel, respectfully states:
1. Per a previous inquiry by the undersigned counsel for
the accused with this Court and with the Office of the City Prosecutor of xxx
City, the instant case had undergone a formal preliminary investigation before
the Office of the City Prosecutor of xxx City sometime in 2010 without proper, actual and due notice to and
participation the undersigned Accused because the complaint filed by the
private complainant xxx alleged a
wrong/old address of the undersigned Accused, which was: “c/o x x x, , Brgy. Xxx, Xxx City.”
2. For the record, the real and address of the Accused at
that time was (and still is): “x x x City.”
3. Since xxx the Accused has been paying on installments
to Mr. Xxx the aforecited character/personal loan or financial transaction
subject matter of the instant case up to
the month of xxx, which was the last
time that xxx personally visited the house of the Accused to collect the
amortization due for that month.
4. Last xxx a certain xxx, who represented herself to be the paramour or common-law wife of the private
complainant xxx, informed a lady employee of the Accused of the pendency of the
instant Estafa case against the latter before this Honorable Court. The said xxx
showed the lady employee of the Accused an alleged Special Power of Attorney (SPA)
signed by two (2) alleged sons of xxx. It was from xxx that the Accused
had learned that xxx had died sometime in
xxx. The purpose of xxx was to
collect the balance of the loan of the Accused owing to the intestate estate of xxx.
5. The Accused was surprised to learn of the pendency of
the instant Estafa case against him because he knew that his xxx personal loan from xxx, which is the subject
matter of the instant case, was a regular
loan that he had secured from xxx without malice or bad faith, and that the
said loan was in fact being religiously paid by him on installments to xxx who
was regularly going to his house almost on a weekly basis to collect the
amortizations thereon from the Accused since xxx.
6. Hence, acting on the foregoing information, sometime
in xxx, the Accused audited and reviewed
the records of payments already made by him to xxx from xxx to xxx. During
the said period, the Accused scouted for
a private lawyer that he could later hire to assist him in investigating
the background of the instant Estafa case and in securing copies of the separate
case record/s thereof from the his Court and from the Office of the City
Prosecutor so that the proper steps could be taken by the Accused and his
counsel to revive the case, to post bail,
to secure a reduction of bail, and to defend his rights and interests during
the trial thereof.
7. On xxx, the undersigned counsel for the Accused, i.e.,
Atty. Manuel J. Laserna Jr., acting
thr0ugh his paralegal staff Mr. Primo
Cueva, visited the Court and the Office of the City Prosecutor for the purpose
mentioned in the preceding paragraph. (See Annex
“A”, Letter, dated xxx, of Atty.
Manuel J. Laserna Jr. to the Branch Clerk of Court).
8. His undersigned counsel has learned that the Court had
archived
the instant case in xxx due to the inability of the local PNP
Police Station of Xxx City to arrest him, per a return/report submitted by the
local PNP Police Station to the Court in xxx. Hence, technically speaking, the
Accused was considered in the eyes of the law as an “at large” accused/suspect for his failure to voluntarily surrender
to the Court and to post bail to face the trial of the instant case.
9. The undersigned counsel for the Accused has rendered a
case written status report to the Accused on xxx. (See Annex “B”, Letter, dated xxx,
of Atty. Manuel J. Laserna Jr. to the Accused). The said report is quoted
below, to wit:
“Enclosed is a copy of the whole case
record of your pending Estafa case. The status thereof is as follows:
1. The docket number is Crim. Case No. xxx.
2. The trial court is Regional Trial Court, Branch xxx, Xxx City,
3rd Floor, Xxx City Hall.
3. The new lady judge is Judge xxx. The clerk of court of the
court is Atty. xxx. Its tel. no. is xxx.
4. The original xxx warrant of arrest was returned to the
court by the Police because you could not be located at your former address – xxx, Brgy. Xxx, Xxx City.
5. The case was archived by the court in xxx.
6. Technically, you are “at large.”
7. The bail recommended by the
fiscal was P60,000.00.
8. According to the clerk of
the trial court, if the at-large accused
is a foreigner, the following documents are required to be submitted to the
court to be released on bail:
8.1.
Motion To Post Bail. It will be set for hearing by the court.
8.2.
Sketch of your current
residence.
It must be signed by you. It must
also be signed and sealed by the Brgy.
Chairman.
8.3.
Barangay Clearance or barangay
Certificate of residency.
8.4.
Affidavit of undertaking that you will attend all
court hearings. Our law office can do this for you.
9. According to the resolution
of the fiscal, the amount involved is P350,000.00.
The date of commission of the alleged crime was xxx. The complainant is the
deceased xxx.
10. Included in the attached
records is the Special Power of Attorney
of the 2 children of the deceased xxx.
If you wish to hire our law office to be your defense
counsel, please set an appointment (a) to
discuss the case and (b) discuss our professional fees. Thank you.”
11.
The accused is
very much willing, able and ready to post a BAIL BOND for his temporary liberty
so that he could forthwith face the trial of this case and clear his good name
as a family man and a businessman.
12.
However, due to the economic difficulties being face by his business (xxx trading),
and considering, further, that the Accused is not a person of notorious criminal record, he respectfully invokes
the kind and compassionate indulgence of
the Court to reduce his bail from by the amount of P30,000.00. that is,
from the original recommended amount of P60,000.00 to the reduced amount of P30,0000.00. He
is willing to post a CASH BOND, for the
purpose to facilitate the processing of his Order of Release, in the said requested
reduced amount of P30,000.00.
13.
For the above
purpose, there is an urgent need for an Order immediately REVIVING the instant
case from the inactive Archives of the Court so that the Court could immediately
calendar the case and act on the omnibus motion of the Accused to post the
requested reduced cash bond of P30,000.00
and, further, so that the instant case could forthwith undergo the usual
judicial processes of arraignment,
mediation, pretrial, and trial proper to clear his good name and reputation
as a family man and a businessman.
14.
This motion is VERIFIED to serve as the Affidavit of Merit of the Accused in
explaining the factual matters narrated alleged above.
WHEREFORE,
in the interest of justice, it is respectfully prayed that:
1.
The instant case
be immediately REVIVED from the inactive archives of the Court;
2.
The Accused be ALLOWED
TO POST BAIL; and that
3.
Leave of Court be granted allowing the REDUCTION
of the recommended bail from
P60,000.00 to P30,000.00; and
4.
The ARRAIGNMENT of
the instant case be forthwith scheduled upon posting by the Accused of the
reduced cash bond of P30,000.00 as request above.
FURTHER,
the Accused respectfully prays for such and other reliefs as may be deemed just
and equitable in the premises.
Las
Pinas City, xxx.
LASERNA CUEVA-MERCADER
LAW OFFICES
Counsel for Accused XXX XXX
Unit 15, Star Arcade, CV
Starr Ave.
Philamlife Village, Las
Pinas City 1740
Tel. Nos. 8725443 &
8462539
X x x.
NOTICE OF
HEARING
Branch Clerk of Court
Regional Trial Court
Branch 258
City Hall
Xxx City
Office of the City Prosecutor
City Hall
Xxx City
Mabuhay:
Peace!
We
shall present this Motion to the Honorable Court on xxx at 8:30 AM (day for criminal cases at Branch xxx) for
its kind consideration and approval.
Thank
you.
MANUEL
J. LASERNA JR.
Cc:
Office of the City Prosecutor
City Hall
Xxx City
(Personal Delivery)
VERIFICATION
XXX
XXX.
X
x x.”
