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1. The arraignments of the accused in this case were set on 10 June 2011 at
1:30 in the afternoon. Copy of the Order setting the arraignment was received on 6 June
2011.
2. For the information and guidance of this Honorable Court, on 3 June 2011,
a Petition for Habeas Corpus was filed for all 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. With all due respect, and 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 Eternal
Gardens Memorial Park Corporation vs. Court of Appeals, G.R. No. L-50054 August 17,
1988, wherein the Supreme Court held in this wise –
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
Other reliefs and remedies just and equitable under the premises are likewise
prayed for.
Angeles City for the City of San Fernando, Pampanga, 7 June 2011.
Greetings:
Please submit the foregoing for the consideration and resolution of the Honorable
Court immediately upon receipt hereof.
EXPLANAT IO N
(in compliance with Section 11, Rule 13 of the 1997 Rules of Civil Procedure)