Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
Branch 1, Paraaque City

People of the Philippines,
Complainant,
Criminal Case No. 123456
-versus-
For: Attempted Homicide
Peter Halili,
Accused.
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FORMAL ENTRY OF APPEARANCE WITH URGENT OMNIBUS
MOTION FOR REINVESTIGATION, TO CONDUCT PRELIMINARY
INVESTIGATION, AND MOTION FOR THE IMMEDIATE RELEASE
OF THE ACCUSED

COMES NOW the undersigned LAW FIRM respectfully enters
its appearance as counsel for the accused Peter Halili and request
that all pleadings, documents, papers, and orders be furnished at the
said address:

Unit 23, Palace corner Seoul St.,
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BF Homes Subdivision, Las Pias City, Philippines
Metro Manila
Tel no. (02) 227- 5555; 0916-536-1234

1. That the accused Peter Halili in this case is charged for
Attempted Homicide and Illegal Possession of Firearm before
the Regional Trial Court of Paraaque City

2. That Peter Halili is under detention;

3. That Peter Halili moved for reinvestigation in this case who was
completely denied of the right to preliminary investigation,
which is preparatory to the filing of the Information with this
Honorable Court;

4. Verily, the right to have a full preliminary investigation,
conducted being bound over to trial for a criminal offense, is
formally at risk of incarceration or some other penalty. It is not a
mere formal or technical right; it is a substantive right
(Larranaga vs, Court of Appeals, 281 SCRA 254). Hence, to
deny Peter Halilis claim to a full preliminary investigation would
be to deprive him of the full measure of is right to due process
(Mondia vs Deputy Ombudsman, 346 SCRA 365);

5. That the denial of Peter Halilis right to preliminary investigation
and the impairment of his substantive right mandates an
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immediate reinvestigation of the criminal complaint (Antiporda
vs. Garchitorena, 321 SCRA 551);

6. That the Complaint- Affidavit of complainant clearly shows that
Peter Halili did not knowingly and intentionally participated in
the commission of the crime as charged. It is respectfully
submitted that the matter deserves reinvestigation in the
Prosecutors Office of Paraaque City as the charge is with a
recommended bail of twelve thousand pesos that is onerous on
the part of Peter Halili as he is an ordinary carpenter;

7. Finally, aside from clogging the dockets of the Honorable Court
with this baseless suit, accused Peter Halili could not have
possibly committed the acts complained of, purportedly,
continuing violations of R.A. 1866, as amended, and Attempted
Homicide;

8. In light of the foregoing, Peter Halili, having been unjustly
deprived of his constitutional right to due process of law of the
right to preliminary investigation, is constrained to seek relief
from this Honorable Court through this instant motion. This
motion seeks an order directing the Office of the City
Prosecutors Office of Paraaque City to conduct a
reinvestigation in this case for the immediate release of Peter
Halili from detention. His arrest was not in accordance with Sec.
5, Rule 113 of the Revised Rules of Criminal Procedure,

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and in the meantime, suspending further proceedings in this
case until the resolution of the same.

WHEREFORE, the premises considered, it is respectfully
prayed that: 1) the appearance of the undersigned LAW FIRM as
counsel for accused Peter Halili be NOTED; 2) this Honorable Court
issue an order remanding the case for Preliminary Investigation to the
Prosecutors Office of Paraaque City; 3) Peter Halili be immediately
release from detention; and 3) Peter Halili also prays for other reliefs
and remedies that this Honorable Court may find just and equitable
under the premises.

Las Pias City, for Paraaque City 09 January 2014
Atty. Mark Junio
Counsel for Accused

Unit 23, Palace corner Seoul Sts.,
BF Homes Subdivision, Las Pias City
Tel no. (02) 227- 5555; 0916-536-1234
PTR- 3245___; 1-06-2014; Las Pias City
IBP- 7812___; 1-06-2013; Calamba City
Roll 48
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MCLE IV- 00044

NOTICE OF HEARING:

Office of the City Prosecutor
Paraaque City

GREETINGS: Please take notice that due to the urgency of the
matter, the foregoing motion will be presented for consideration of
this Honorable Court on 15 January 2013, at 8:30 a.m., or soon
thereafter without any further oral argument.

Copy furnished:

Office of the City Prosecutor
Paraaque City