REPUBLIC OF THE PHILIPPINES. REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION QUEZON CITY, BRANCH 221 PEOPLE OF THE PHILIPPINES, = versus - Criminal Case Nos. Q-09-162148 to 72 Q-09-162216 to 31 Q-10-162652 to 66 Q-10-163766 ANDAL AMPATUAN, JR., Accused, URGENT MOTION TO SUSPEND ARRAIGNMENT AND FURTHER PROCEEDINGS Erroneously detained DATUKAN MALANG SALIBO (‘Pilgrim Salibo’), who is neither Accused Butukan S. Malang (“Accused Malang’) nor the latter's alias, by counsel, respectfully states: 1. This morning, Datukan Malang’s Salibo’s undersigned counsel received an Order from this Honorable Court which set the arraignment of Butukan S. Malang who is allegedly “a.k.a. Datukan Malang Salibo on May 12, 2011 at 1:30 P.M.” 2. With all due respect, the arraignment of Datukan Malang Salibo who is neither Accused Butukan S. Malang nor the alias of Accused Butukan S. Malang is not proper. There is absolutely no legal and factual bases or any evidence for that matter for the Honorable Court or the police to add an ‘a.k.a Datukan Malang Salibo" to the name of Accused Butukan S. Malang, who is another person and who is still at large up to the present. 3. Moreover, the Petition for Habeas Corpus of herein Datukan ete Bee eee eee aoe eae(who is the person named in the Informations) is already pending resolution by the Honorable Court of Appeals in CA-GR SP. No. 117792. 4. Infact, and pursuant to the Decision of the Court of Appeals in CA GR SP. No. 117792, Datukan Malang Salibo filed a Motion to Quash in these cases showing, among others, that he could not be Accused Butukan S. Malang who (latter) is the person named in the DOJ's Amended Resolution, Information, Amended Information, Warrant of Arrest and Alias Warrant of Arrest. 5. As shown by his Passport, Flight Manifest from the Saudi Arabian Airlines, Certifications from the Saudi Arabian Airlines and the Bureau of Immigration and as found by the RTC of Taguig, Branch 163 in its October 29, 2009 Decision, among other undeniable evidence on record, Datukan Malang mber Salibo was in Saudi Arabia for a pilgrimage from November 7, 2009 to 20, 2009. Thus, Datukan Malang Salibo could not be the person of or the alias of ‘Accused Butukan S. Malang who (latter) supposedly participated in the Maguindanao Massacre on November 23, 2009. 6. More importantly, as found by the RTC of Taguig, Branch 153 in its October 29, 2010 Decision, there is totally no evidence showing that herein pilgrim Datukan Malang Salibo is the same as Accused Butukan S. Malang or that Datukan Malang Salibo is the a.k.a of Accused Butukan S. Malang, 7. In view thereof, the deferment of the arraignment and suspension of further proceedings in these cases against the pilgrim Datukan Malang Salibo until after the resolution with finality of Datukan Malang Salibo's Petition for Habeas Corpus with higher tribunals is warranted. This is because the issue of the identity of Datukan Malang Salibo and that of the Accused Butukan S. Malang is already pending resolution before a higher tribunal. This is on the basis of prejudicial question and pursuant to the doctrine of the hierarchy of courts which states that: “(Ihe rule of ‘judicial courtesy" would apply if there is a strong probability that the issues before the higher court would be rendered moot and moribund as a result of the continuation of the proceedings in the lower court’, as in these cases (Eternal G:8. The suspension of Datukan Malang Salibo's arraignment and further proceedings of these cases against him finds more significance especially so that Datukan Malang Salibo filed a Motion to Quash before the Honorable Court. 9. Evidently, the deferment of the arraignment and further proceedings against Datukan Malang Salibo who is neither Accused Butukan S. Malang or the latter's alias is warranted for if the Court of Appeals or the Supreme Court would finally determine that Datukan Malang Salibo is actually not Accused Butukan S. Malang who is another person named in the DOJ Joint Resolution, Information or Amended Information, Warrant of Arrest and Alias Warrant of Arrest, then there is no more basis to arraign Datukan Malang Salibo in these cases due, among others, to mistaken identity. RELIEF WHEREFORE, it is respectfully prayed that the arraignment of Datukan Malang Salibo who is neither the Accused Butukan Malang Salibo or the latter's alias be deferred and the proceedings against him be suspended until after the resolution with finality of his Petition for Habeas Corpus and Motion to Quash which are prejudicial questions to his arraignment in connection with these cases. Other equitable reliefs are likewise prayed for. Makati City for Quezon City, May 11, 2011. REAL BROTARLO & REAL Law Firm Counsel for Erroneously Detained Datukan Malang Salibo 4" Floor Cityland 10 Tower |, 186 H.V. Dela Costa Street Ayala Avenue North, Makati City, Philippines Tel. Nos. 893-3399; 753-1374; 408-3618; Telefax No. 893-3399 Website: www.rbrfim.com; Email: rblawfirm@gmail.com Mé PARIS G. REAL Roll of Attomeys No. 42574 MCLE Compliance No. !II-0006704; December 21, 2009IMANUEL TARLO Rall of Attorneys No. 42282 MCLE Compliance No. Ill-00066687; December 21, 2009 PTR # 2642930; 1.04.2011: Makati City Chapter IBP # 844645; 1-05-2011; Iloilo City Chapter Email: esbrotario@gmail.com SHERWIN G. REAL Roll of Attorneys No. 46964 MCLE Compliance No. Il-0006705; December 21, 2009 PTR # 2642920; 1-04-2011; City of Makati IBP # 844646; 1-05-2011; Makati City Chapter Email: sherwingreai@gmail.com Service By Registered Mail Except for the copies intended for this Honorable Court and the DOJ, other copies of this pleading are being served upon the other concerned parties by registered mail because the Firm momentarily lacks manpower to do so. NOTICE OF HEARING AND COPY FURNISHED TO: Honorable Branch Clerk of Court Regional Trial Court Quezon City, Branch 221 Panel of Prosecutors Office of Senior Assistant State Prosecutor Ma. Emilia L. Victorio (By Personal Service) Department of Justice Padre Faura, Manila Roque & Butuyan Law Offices Unit 1904, Antel Corporate Center 121 Valero Street, Salcedo Village, Makati City Atty. Nena A. Santos/ Atty. Ma. Gemma J. Oquendo ACEPAL Building, Mabini Extension Koronadal City Atty. Prima Jesusa B. Quinsayas No. 2560 Leon Guinto Street Malate, Manila 1004Valdez Street, Makati City Atty. Pete Principe Volunteers Against Crime and Corruption Unit 2005, Astoria Plaza 15 Escriva Drive, Ortigas Center, Pasig City Atty. Carlos Isagani Zarate 2" Floor, Valdevieso Building Ecoland Subdivision Matina, Davao City Greetings: Please be informed that the foregoing motion shall be submitted for the consideration and approval of this Honorable Court on May 16, 2011 at 8:30 A.M. ‘or such other time and date most convenient to this Honorable Court. Ne G. Real ‘Salvo (Maton to Suspend) 335-102