REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF BULACAN

THIRD JUDICIAL COURT
MALOLOS CITY, BULACAN
(Family Court)

PEOPLE OF THE PHILIPPINES,

-versus02777

Criminal Case No. 08Murder

JOHN DELA CRUZ,

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

MOTION TO DEFER ARRAIGNMENT

Accused, through undersigned counsel,

Honorable Court, respectfully states that:

to

this

1. The arraignment of the accused in this case were set

on 04 October 2016 at 3:30 in the afternoon. Copy of
the Order setting the arraignment was received on 24
September 2016;
2. For the information and guidance of this Honorable
Court, on 15 August 2016, a Petition for Habeas Corpus
was filed for the accused in this case. The said Petition
is currently pending before the Court of Appeals, and in
case of an adverse decision, the petitioners in said
petition will appeal to the Supreme Court; copy of which
is hereto attached and made integral part hereof as
Annex A;
3. A perusal of the said petition would show that the
issues raised therein are prejudicial questions which
must be resolved first before this Honorable Court can
proceed with the instant case;

4. In view of the foregoing, this Honorable Court should

defer the arraignment and refrain from continuing with
the proceedings of the instant case under the principle
of judicial courtesy as laid down in the case of People of
the Philippines vs Eustaqiou Sandoval G.R. No. L123332 August 17, 2010, wherein the Supreme Court
held that
Although this Court did not issue any
restraining order against the Intermediate Appellate
Court to prevent it from taking any action with regard to
its resolutions respectively granting respondents'
motion to expunge from the records the petitioner's
motion to discuss and denying the latter's motion to
reconsider such, order, upon learning of the petition,
the appellate court should have refrained from ruling
thereon because its jurisdiction was necessarily limited
upon the filing of a petition for certiorari with this Court
questioning the propriety of the issuance of the abovementioned resolutions. Due respect for the Supreme
Court and practical and ethical considerations should
have prompted the appellate court to wait for the final
determination of the petition before taking cognizance
of the case and trying to render moot exactly what was
before this court.
5. Verily, so as not to render moot the issues raised
before the Court of Appeals in the petition for habeas
corpus and for practical and ethical considerations, this
Honorable Court should wait for the final determination
of the said petition before taking cognizance of the
case.

PRAYER
WHEREFORE, premises considered, it is respectfully
prayed that the Honorable Court suspend the
proceedings in this case including the arraignment of all
the accused and wait for the final determination of the
petition for habeas corpus. Other reliefs and remedies
just and equitable under the premises are likewise
prayed for.

City of Malolos, Province of Bulacan , September

26,2016

Atty. James Santos

Counsel for the Accused
Roll of Attorneys No.
80897
IBP Lifetime Member
No. 00298
PTR No. AC3333333/0103-2015
MCLE Compliance No. IV44444
Issued on December
16, 2015
NOTIFICATION AND COPY FURNISHED:
Lualhati Ramos,
Provincial Prosecutor
Province of Bulacan
The Branch Clerk of Court
REGINAL TRIAL COURT
Branch 09
Province of Bulacan
Greetings:
Please be informed that the foregoing motion shall be
submitted for the consideration and approval of this
Honorable Court on September 26, 2016 or such other
time and date most convenient to this Honorable Court
Atty James Santos
Counsel