Republic of the Philippines

____________ Judicial Region

________________ TRIAL COURT

Branch _____, _____________, _____________

MOTION FOR RE-RAFFLE AND TO SET CASE FOR ARRAIGNMENT

Private complainant, by Counsel, to this Honorable Court respectfully states:

This is a criminal case for Qualified Theft which was filed on 06 May 2011 before the Office of the City Prosecutor of Cavite.

On 14 August 2011, the Honorable 3rd Assistant City Prosecutor Jack Miof, finding probable cause, recommended the filing of Qualified Theft against the accused.

That the case was raffled before the sala of retired Honorable Judge Tori Black.

On 10 December 2011, the Honorable Court issued an Alias Warrant of Arrest against Accused Jasper Sol Cruz.

Photocopy of the Alias Warrant of Arrest is hereto as Annex “A” for easy reference.

Then on 27 January 2012, accused was arrested by Parañaque Police. He was detained at Parañaque Police Station 7 and later transferred to Imus Jail. Said accused posted a bail for his provisional release.

To date, there was no available judge to hear the case thus the undersigned respectfully requests to re-raffle the same in order to set the case for arraignment considering that the case was filed more than two years.

Needless to state, the long years of delay in the arraignment of accused has caused untold suffering and mental anguish on the part of the private complainant.

To make matters worse, said accused has already gone abroad sometime in 2012 in Bahrain during the pendency of this case.

That based on reliable information, accused Jasper Sol Cruz is again intending to leave the country for the purpose of absconding and thereby evading prosecution of this case.

That in order to expedite the trial of this case, the undersigned respectfully begged the indulgence of this Honorable Court that the instant case be re-raffled and set for hearing so as not to frustrate the ends of justice.

WHEREFORE, it is respectfully prayed that this Honorable Court issue an order granting that the above-captioned case be re-raffled to another sala in order to set the case for arraignment.

Other relief and remedies just and equitable under the premises are prayed for.

Imus City, Cavite, March 6, 2013.

PARIL LAW OFFICE

Counsel for Private Complainant

1080 Negros Street, Balic- Balic

Sampaloc, Manila

by:

JEFFREY PARIL

IBP#__________, __________Chapter, __________

PTR#__________, __________, __________, __________

Attorney’s Roll No. __________

MCLE Compliance No. II- __________

MCLE Compliance No. III- __________

MCLE Compliance No. IV- __________

With conformity:

JACK MIOF

Asst. Provincial Prosecutor

Notice:

CLERK OF COURT

Branch 21, Imus City

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,

Aguinaldo Highway, Perpetual Village,

Palico III, Imus City, Cavite

ATTY. RAPHAEL CORONADO

2nd Floor, RCVJ Building,

Don P. Campa Avenue, Barrio Uno,

2662 Dasmarinas City, Cavite

Greetings:

In view of the nature of the foregoing motion, the undersigned is requesting the Clerk of Court to submit the same to the Honorable Court immediately upon receipt thereof, for its consideration and resolution.

JEFFREY PARIL

Copy furnished:

Office of the City Prosecutor

Imus City, Cavite

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,

Aguinaldo Highway, Perpetual Village,

Palico III, Imus City, Cavite

ATTY. RAPHAEL CORONADO

2nd Floor, RCVJ Building,

Don P. Campa Avenue, Barrio Uno,

2662 Dasmarinas City, Cavite

Explanation

Copy of the pleading was furnished to the defendant by registered mail due to the distance of the undersigned from the said parties, making personal service thereof not practicable.

JEFFREY PARIL