Wednesday, February 15, 2017

MOTION TO CONSOLIDATE TRIALS OF RELATED OFFENSES; Sample.


REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
XXX CITY
BRANCH XXX


PEOPLE OF THE PHILIPPINES,
                             Plaintiff,
                                                                   Crim. Case No. XXX
-         Versus -
For: Violation of
XXX                                                          Sec. 3 (e), RA 3019
(Salary Grade 14)
Barangay Chairman
XXX, XXX City,
                             Accused.

XXX
Barangay Treasurer
XXX, XXX City

XXX
(Salary Grade 10)
Barangay Councilor
c/o Barangay Hall
XXX, XXX City

XXX
(Salary Grade 10)
Barangay Councilor
XXX, XXX City

XXX
(Salary Grade 10)
Barangay Councilor
XXX, XXX City

XXX
Proprietor, XXX
XXX, XXX City,
           Accused.
x----------------------------------------x


MOTION TO CONSOLIDATE
TRIALS OF RELATED OFFENSES
(Section 22, Rule 119, Rules of Criminal Procedure[1])

The ACCUSED (1) xxx, (2) xxx, (3) xxx, (4) xxx, and (5) xxx, by counsel, respectfully move to CONSOLIDATE the trials of the instant criminal case with the related criminal case now pending in Branch xxx of this Court, under Hon. Xxx, docketed as Criminal Case No. xxx  and entitled “People vs. xxx” for violation of Section 3 (g) of RA 3019[2], which is the related criminal case with the lower docket number, considering that the instant criminal case and the aforecited Criminal Case No. xxx pending in Branch xxx of this Court “are founded on the same facts” (Section 22, Rule 119), i.e., the procurement of vitamins by Barangay xxx of this City which was the subject matter of the one and the same audit report and notice of disallowance issued by the local office of the Commission on Audit of this City[3] and which documents, in turn, became the basis of the subsequent indictment of the accused by the Office of the Ombudsman. 

Xxx City, xxx 2017.

LASERNA CUEVA-MERCADER
LAW OFFICES
Counsel for Accused xxx, xxxx,
Xxxx, xxx, and xxx
XXX, XXX City
Tel/Fax: XXX
Mobile: XXX


Xxxx
Roll No. XXX, XXX
IBP Lifetime Member No. XXX
IBP XXX Chapter
MCLE Compliance No. XXX, XXX
PTR No. XXX, XXX, XXX City

NOTICE OF HEARING

Branch Clerk of Court
RTC XXX, XXX City

Office of the City Prosecutor
Hall of Justice
Xxx City

Prosecution and Monitoring Bureau
Office of the Ombudsman
3rd Flr., Ombudsman Annex Bldg.
Agham Rd., Diliman, Quezon City

Mabuhay:

          For the convenience and for the economy of time and expense of all concerned, and with the kind indulgence of the  Court, we shall present the foregoing motion to the Court on xxx, xxx, at 8:30 AM, a previous setting which has been earlier scheduled by the Court for the preliminary conference of the instant case. Thank you.

                                                                   Xxx xxxx

Copy Furnished:

Office of the City Prosecutor.
Hall of Justice
Xxx City
          (Personal Delivery)

Prosecution and Monitoring Bureau
Office of the Ombudsman
3rd Flr., Ombudsman Annex Bldg.
Agham Rd., Diliman, Quezon City
          Reg. Rec. No.
          Date                     PO

Presiding Judge
Regional Trial Court
Branch xxx
Hall of Justice
Xxx City
          (Personal delivery)


EXPLANATION

A copy hereof is served on the Office of the Ombudsman via registered mail due to the distance of the office address of said Office, due to the lack of field staff of undersigned counsel at this time, and due to the urgency of filing the same.


                                                          Xxx xxxx






[1]Section 22.    Consolidation of trials of related offenses. — Charges for offenses founded on the same facts or forming part of a series of offenses of similar character may be tried jointly at the discretion of the court. (14a).”

[2] Criminal Case No. xxx, PP v. xxx, has been set for arraignment on xxx at 1:30 PM before Branch xxx of this Court under Hon. xxx.

[3] The said COA audit report and notice of disallowance is still under a pending quasi-judicial appeal before the COA-NCR office prior to the institution of the two related criminal cases in Branch xxx and Branch xxx of this Court.