Académique Documents
Professionnel Documents
Culture Documents
MOTION TO DISMISS
ACCUSED, Jeffrey T. Coching, through the undersigned counsel,
unto this Honorable Court, most respectfully moves for the dismissal of the
above-captioned case on the ground of violation of his right to speedy trial
upon the following arguments:
1. An Information charging the Accused for Qualified Theft was
filed on ________________.
2. Accused was arraigned on ___________ and entered a Not
Guilty plea.
3. The preliminary conference was set on 22 February 2016 while
pre-trial was set on 14 March 2016. Pre-trial conference was
terminated on 17 March 2016. The private complainant failed to
appear during the pre-trial.
4. The first day of trial was set on 12 May 2016 for the prosecution
to present its evidence-in-chief. The prosecution was supposed to
present private complainant Joey Atienza as its first witness.
5. The Accused was present on such date. However, the hearing
was rescheduled on 09 June 2016 due to absence of Mr. Atienza.
6. The scheduled hearing for 9 June 2016 was further reset
because the Honorable Judge was on leave. The Acting Branch Clerk
of Court issued a Constancia, setting the initial presentation of
prosecutions evidence on 16 August and 13 September 2016.
7. On 16 August 2016, the prosecution again failed to present its
witness Joey Atienza. Prosecutor De Asas moved for issuance of a
subpoena to one Dennis M. Rey, the prosecutions supposed second
witness. The Court approved the said motion and rescheduled the
hearing on 13 September and 13 October 2016.
8. The hearing scheduled on 13 September 2016 coincide with
the Strategic Performance Management System for Lower Courts
which the Honorable Judge is required to attend. The Court reset the
initial trial to 13 October and 10 November 2016.
9. On 13 October 2016, the Honorable Judge was attending the
PJA Annual Convention in Baguio City. Despite the cancellation of
hearing the Accused was present while there was no witness for the
prosecution. The hearing was reset to 10 November 2016 and 7
February 2017.
10. The prosecution was supposed to present its new witness
Dennis M. Rey on 10 November 2016 hearing. Despite due notice,
Mr. Rey failed to appear in court.
11. In the same hearing, the undersigned counsel moved for the
dismissal of the case. The Honorable Court however denied said
motion but manifested that if witness for the prosecution is absent
again on 7 February 2017, it will dismiss the case.
ARGUMENTS/DISCUSSION
12. The Rules of Court require that the accused be brought to trial
30 days from termination of the pre-trial. (Sec. 1, Rule 119: The trial shall
commence within thirty (30) days from receipt of the pre-trial order. ) This rule is based on the
PRAYER
WHEREFORE, premises considered, Accused Jeffrey T. Coching,
respectfully prays for the permanent dismissal of the case.
Other reliefs just and equitable are likewise prayed for.
Pasig City, Philippines. 7 February 2017.
BY:
Rizzele Dadole
Legal Intern
Copy furnish:
Prosecutor ______________