Motion To Set Hearing Thru Video Conference Villaran

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The document discusses a motion to set a hearing through video conference for criminal cases involving drug charges.

The case involves multiple accused charged with violations of the Comprehensive Dangerous Drugs Act of 2002.

The defense is requesting the court to schedule the reception of testimony from two detained witnesses through video conference instead of an in-court hearing due to COVID-19 risks.

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 282, VALENZUELA CITY

PEOPLE OF THE PHILIPPINES

-versus- Criminal Case No. 702-V-19


For: Violation of Sec. 11, Art. II of
MARVIN VILLARAN y DELA R.A. 9165
CRUZ,
Accused.
x----------------------x

-versus- Criminal Case Nos. 703-V-19 to


704-V-19
JAVE ROMA y CAMPOSANO, For: Violation of Sec. 11 and 12,
Accused. Art. II of R.A. 9165
x----------------------x

MOTION TO SET HEARING


THROUGH VIDEO CONFERENCE

The above-named accused, represented by the Public Attorney’s


Office, unto this Honorable Court, most respectfully avers as follows:

1. On 29 May 2020, Chief Justice Diosdado M. Peralta issued


Administrative Circular No. 41-2020 (Re: Court Operations Beginning
1 June 2020) which states, among others, that the hearings of
cases, regardless of the stage of the trial, shall all be in-court,
except in cases involving Persons Deprived of Liberty (PDLs) who
shall continue to appear remotely from the detention facility, and in
cases with extraordinary circumstances as may be determined by
the justices and judges, which shall be heard through
videoconferencing.

2. Subsequently, the Supreme Court Public Information Office released


an Announcement dated 31 May 2020 in which it said that courts in
areas under general community quarantine may hold hearings in
criminal and civil cases through videoconferencing provided that a
proper motion is filed: “Videoconferencing hearings will continue
during GCQ. This is authorized by both AC 40-2020 and AC 41-2020
which were issued by Chief Justice Diosdado M. Peralta. Hence, for
example, if a party wishes his/her case to be heard via
videoconferencing, the proper motion just needs to be filed, and the
court, using its sound discretion, can either grant or deny the
motion. This remedy is available in both civil and criminal
cases.”
3. In the instant cases, while both above-named accused posted a
bond for their provisional liberty the remaining witnesses which the
defense wishes to present in accordance with the Arraignment/Pre-
trail Order dated 22 April 2019, namely, Mark Joseph de Guzman
y Adarayan and Christian Delupio y Bugarin, are both detained
at the BJMP-Valenzuela City Jail (Male Dormitory) and are still
serving the sentence which the Honorable Court imposed on them
when they plea bargained and were re-arraigned for the lower
offense of violation of Section 12, Article II of R.A. 9165. In this
regard, in order to safeguard all the parties and their counsel as well
as the judge and the court staff against the risk of possible COVID-
19 infection, the defense humbly implores the Honorable Court to
schedule the reception of the testimony of the aforementioned
witnesses through video conference in lieu of an in-court hearing as
soon as possible.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that


this motion be granted.

Other relief and remedies, just and equitable, are likewise prayed
for.

Valenzuela City, 17 June 2020.

PUBLIC ATTORNEY’S OFFICE


VALENZUELA DISTRICT OFFICE
1 Floor, Metropolitan Trial Court Bldg.
st

Justice Hall Compound, C.J. Santos St., Poblacion II,


Malinta, Valenzuela City

Through:

Through:

ATTY. RAFAEL D. PANGILINAN


Public Attorney II
Roll No. 64684
IBP OR No. 035862 dated 8/1/18 / CALMANA
MCLE Compliance No. VI - 0006876 dated 3/20/18
Copy furnished:
ACP Aileen S. Agacita
Office of the City Prosecutor
Valenzuela City

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