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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


METROPOLITAN TRIAL COURT
BRANCH 40, QUEZON CITY
PEOPLE OF THE PHILIPPINES,
Plaintiff,
-versus-

CRIM. CASE NO. 00-108992


For: Falsification of Public
Document

ANA DE GUIA SAN PEDRO and


ALEJO DOPEO
Accused.
x------------------------------------------x

MOTION FOR VOLUNTARY INHIBITION


COMES NOW, the undersigned Private Prosecutor, under the
direct control and supervision of the Public Prosecutor and unto this
Honorable Court, most respectfully states:
1.
At the outset, the undersigned Private Prosecutor would
like to affirm its utmost faith and confidence in the competence and
impartiality of the Honorable Presiding Judge. As a member of the
legal profession, the undersigned Private Prosecutor is aware of the
careful deliberation involved in the disposition of cases by the courts,
mindful that they are duty-bound, above all else, to uphold the
interests of justice. And it is by traversing a shaky tightrope of
competing rights and interests that they must do so.
2.
On the part of the private complainants, however, the
overly protracted proceedings that have attended this case have
fostered great disillusionment and cynism with regards to their pursuit
of justice.
3.
Considering that it has already been more than 15 long
years since the Information against the accused was filed on 27 June
2000, the private complainants, despite protestations from the Private
Prosecutor, cannot help but perceive that this Honorable Court has
proven to be unduly prone to accommodate the myriad dilatory
maneuvers of the counsel for the Accused.
4.
For the foregoing reasons and to restore the private
complainants faith and confidence in the courts, the undersigned
Private Prosecutor respectfully and with the heaviest of hearts moves

that the Honorable Presiding Judge voluntarily inhibit himself from


further trying this case based on the second paragraph of Section 1,
Rule 137 of the Rules of Court, which provides:
Section 1. Disqualification of judges. No judge or
judicial officer shall sit in any case in which he, or his wife or
child, is pecuniarily interested as heir, legatee, creditor or
otherwise, or in which he is related to either party within the
sixth degree of consanguinity or affinity, or to counsel within the
fourth degree, computed according to the rules of the civil law,
or in which he has been executor, administrator, guardian,
trustee or counsel, or in which he has been presided in any
inferior court when his ruling or decision is the subject of
review, without the written consent of all parties in interest,
signed by them and entered upon the record.
A judge may, in the exercise of his sound discretion,
disqualify himself from sitting in a case, for just or valid
reasons other than those mentioned above.
5.
This move is also predicated on Article III, Section 16 of
the 1987 Constitution which entitles not only the Accused, but also
herein Plaintiff, to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
PRAYER
WHEREFORE, premises considered, the Private Prosecutor
respectfully prays that an Order be issued granting this motion for the
Honorable Presiding Judge, Josephus Joannes H. Asis, to voluntarily
inhibit himself from further trying Criminal Case No. 00-108992, titled
People of the Philippines vs. Ana De Guia San Pedro and Alejo
Dopeo and causing the re-raffling of the said case to another branch
of the Honorable Court.
RESPECTFULLY SUBMITTED.
Quezon City, 24 September 2015.
FOJA LAW OFFICE
173-E Scout Fuentebella Ext.
Sacred Heart, Quezon City, 1103
Tel. Nos. 4141464 / 3554547
Email Address: fojalawoffice@gmail.com
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By:
ALNIE G. FOJA
Roll No. 46372
IBP Lifetime No. 886729 / 01-25-12 / Romblon
PTR No. 0569687C / 01-05-15 / Q.C.
MCLE Compliance No. IV-0015932
April 8, 2013

FRANK LLOYD B. TIONGSON


Roll No. 64966
IBP No. 1007298 / 04-17-15 /Quezon City
PTR No. 1579999 / 07-13-15 / QC
Admitted to the Bar 2015
MCLE not yet required

JEFFREY G. AGUILAR
Roll No. 64454
IBP No. 1006823 / 04-08-15 / Occ. Mindoro
PTR No. 1353494C / 05-19 15 / Q.C.
Admitted to the Bar 2015
MCLE not yet required
Notice of Hearing and copy furnished:
OFFICE OF THE CITY PROSECUTOR
Quezon City
M.A. AGUINALDO & ASSOCIATES
Unit 709 Royal Plaza Towers
648 Remedios Street
Malate, Manila
Greetings!
Please take notice that the undersigned counsel will submit the
foregoing Motion for Voluntary Inhibition for the consideration of this
Honorable Court on Tuesday, 29 September 2015 at 8:30 in the
morning in the place where the Honorable Court sits.

ALNIE G. FOJA
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