Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT Branch 8, Paranaque City PEOPLE OF THE

PHILIPPINES, Complainant, Criminal Case No: 12345678 -versusFor: Attempted Homicide JUAN DE LA CRUZ, Accused. xxx-------------------------------------xxx

URGENT OMNIBUS MOTION 1. TO REINVESTIGATE AND TO CONDUCT PRELIMENARY INVESTIGATION

2. TO IMMEDIATELY RELEASE THE ACCUSED BECAUSE HIS ARREST WAS NOT IN ACCORDANCE WITH SECTION 5, RULES 11 OF THE REVISED RULES OF CRIMINAL PROCEDURE

COMES NOW the undersigned LAW FIRM respectfully enters its appearance as counsel of the accused Juan De la Cruz to file this Urgent Omnibus Motion and in support thereof, respectfully state:

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1. That the accused Juan De la Cruz is charged for Attempted Homicide and Illegal Possession of Firearm, with the Regional Trial Court, Paranaque City.

2. That the accused filed for a reinvestigation but was denied of the right to preliminary investigation.

3. That the right to have a full and complete preliminary investigation is a Substantive Right1, to deny the accuse of preliminary investigation would be to deprive him of the full measure of his right to due process2, thus, an impairment of the accused substantive right mandates an immediate reinvestigation of the criminal complaint.3

4. Thus, the accused Juan De la Cruz having deprived of his constitutional right to due process is seeking an Order of directing the Office of the City Prosecutors Office of Paranaque City, to conduct reinvestigation in this case, for the immediate release of the accused Juan De la Cruz from detention as his abreast was not in accordance with Sec. 5, Rule 113 of the Revised Rules of Criminal Procedure, and in the meantime, suspending further proceedings in this case until the resolution of the same.

WHEREFORE, premises considered, it is respectfully prayed that: 1) the appearance of the undersigned LAW FIRM is counsel for accused Juan De la Cruz be NOTED; 2) this Honorable Court issue an order remanding the case for Preliminary Investigation with the Prosecutors Office of Paranaque; 3) praying for the immediate release of accused Juan De la Cruz from detention; and 3) accused also prays for other reliefs and remedies that this Honorable Court may find just and equitable under the premises.
1 2

See, Larranaga vs. Court of Appeals, 281 SCRA 254 See, Mondia vs. Deputy Ombudsman, 346 SCRA 365 3 See, Antiporda vs. Garchitorena, 321 SCRA 551

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GREGG PAUL HERMOSA Counsel of the Accused Barangobong, Sta. Lucia, Ilocos Sur

NOTICE OF HEARING:

Office of the City Prosecutor Paranaque City

GREETINGS: Please take notice that due to the urgency of the matter, the foregoing motion will be presented for the consideration of this Honorable Court on February 7, 2014, at 5:00 p.m or soon after thereafter, without any further oral argument.

Copy Furnished:

Office of the City of Prosecutor Paranaque City

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