PLEADING/ Under what What are the instances What is the period

DOCUMENT rule do we that we should file this within which we

file this kind pleading? should file this
of pleading? pleading?
MOTION TO Sec. 11. of The accused may move Within thirty (30) days
DEFER/ Rule 116 of to suspend from the date the court
SUSPENSION the Rules of arraignment on any of acquires jurisdiction
OF Court the grounds provided: over the person of the
ARRAIGNMEN Section 11. accused.
T Suspension of
arraignment. Upon Under paragraph (g)
motion by the proper of Sec. 1. of Rule 116
party, the arraignment of the Rules of Court:
shall be suspended in
the following cases: (g) Unless a shorter
(a) The accused appears period is provided by
to be suffering from an special law or Supreme
unsound mental Court circular, the
condition which effective arraignment shall be
renders him unable to held within thirty (30)
fully understand the days from the date
charge against him and the court acquires
to plead intelligently jurisdiction over the
thereto. In such case, the person of the
court shall order his accused. The time of
mental examination and, the pendency of a
if necessary, his motion to quash or for
confinement for such a bill of particulars or
purpose; other causes justifying
suspension of the
(b) There exists a arraignment shall be
prejudicial question; and excluded in computing
the period.
(c) A petition for review of
the resolution of the
prosecutor is pending at
either the Department of
Justice, or the Office of
the President; provided,
that the period of
suspension shall not
exceed sixty (60) days
counted from the filing of
the petition with the
reviewing office. (12a)
 REPUBLIC OF THE PHILIPPINES
THIRD JUDICIAL REGION
REGIONAL TRIAL COURT
CITY OF SAN FERNANDO, PAMPANGA
BRANCH ____

THE PEOPLE OF THE

PHILIPPINES,

-versus- Criminal Case No. 08-02777

TEMPURA MALONZO,
SPOUSES KATSUDON
VALENCIA and TERIYAKI
VALENCIA,
Accused.
x---------------------------------------------x
MOTION TO DEFER ARRAIGNMENT
AND SUSPEND PROCEEDINGS

Accused, through undersigned counsel, to this Honorable Court,

respectfully states that:
1. The arraignments of the accused in this case were set on 10 June 2011 at
1:30 in the afternoon. Copy of the Order setting the arraignment was
received on 6 June 2011.

2. For the information and guidance of this Honorable Court, on 3 June 2011,
a Petition for Habeas Corpus was filed for all the accused in this case. The
said Petition is currently pending before the Court of Appeals, and in case
of an adverse decision, the petitioners in said petition will appeal to the
Supreme Court; copy of which is hereto attached and made integral part
hereof as Annex A.

3. A perusal of the said petition would show that the issues raised therein are
prejudicial questions which must be resolved first before this Honorable
Court can proceed with the instant case.

4. With all due respect, and in view of the foregoing, this Honorable Court
should defer the arraignment and refrain from continuing with the
proceedings of the instant case under the principle of judicial courtesy as
laid down in the case of Eternal Gardens Memorial Park Corporation vs.
 Court of Appeals, G.R. No. L-50054 August 17, 1988, wherein the Supreme
Court held in this wise

Although this Court did not issue any restraining order

against the Intermediate Appellate Court to prevent it from
taking any action with regard to its resolutions respectively
granting respondents' motion to expunge from the records the
petitioner's motion to discuss and denying the latter's motion to
reconsider such, order, upon learning of the petition, the
appellate court should have refrained from ruling thereon
because its jurisdiction was necessarily limited upon the filing of
a petition for certiorari with this Court questioning the propriety
of the issuance of the above- mentioned resolutions. Due
respect for the Supreme Court and practical and ethical
considerations should have prompted the appellate court to
wait for the final determination of the petition before taking
cognizance of the case and trying to render moot exactly what
was before this court.

5. Verily, so as not to render moot the issues raised before the Court of
Appeals in the petition for habeas corpus and for practical and ethical
considerations, this Honorable Court should wait for the final determination
of the said petition before taking cognizance of the case.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that the

Honorable Court suspend the proceedings in this case including the
arraignment of all the accused and wait for the final determination of the
petition for habeas corpus.

Other reliefs and remedies just and equitable under the premises are
likewise prayed for.

Angeles City for the City of San Fernando, Pampanga, 7 June 2011.

Atty. SASHIMI DE JESUS

Counsel for the Accused
Sps. Katsudon and Teriyaki Valencia
Roll of Attorneys No. 11111
IBP Lifetime Member No. 00222
 PTR No. AC3333333/01-03-2013
MCLE Compliance No. IV-4444444
Issued on December 12, 2012
555 Sto. Entierro St., Angeles City
Tel Nos. 888-6666, 888-7777

NOTIFICATION AND COPY FURNISHED:

MAGURA TOLENTINO, JR.

City Prosecutor
City of San Fernando
Pampanga

The Branch Clerk of Court

MTC Branch III
City of San Fernando
Pampanga

Greetings:

Please submit the foregoing for the consideration and resolution of

the Honorable Court immediately upon receipt hereof.

Atty. SASHIMI DE JESUS

PLEADING/ Under what What are the instances What is the period
DOCUMENT rule do we that we should file this within which we
file this kind pleading? should file this
of pleading? pleading?
MOTION TO Rule 10 of Amended Pleadings Within ten (10) days
ADMIT the Rules of after it is served.
AMENDED Court The motion to which the
PETITION pleading as amended is Under Section 2. of
attached should be set Rule 10 of the Rules
for hearing and the
of Court:
adverse party given
notice thereof at least
Section 2.
three (3) days before the
hearing, to give the latter Amendments as a
opportunity to be heard matter of right. A
and object thereto. party may amend his
pleading once as a
Section 2. matter of right at any
Amendments as a time before a
matter of right. A responsive pleading is
party may amend his served or, in the case
pleading once as a of a reply, at any time
matter of right at any within ten (10) days
time before a responsive after it is served. (2a).
pleading is served or, in
the case of a reply, at
any time within ten (10)
days after it is served.
(2a).

Section 3.
Amendments by leave
of court. Except as
provided in the next
preceding section,
substantial amendments
may be made only upon
leave of court. But such
leave may be refused if it
appears to the court that
the motion was made
with intent to delay.
Orders of the court upon
the matters provided in
this section shall be
made upon motion filed
in court, and after notice
to the adverse party, and
an opportunity to be
heard.

Section 7. Filing of
amended pleadings.
When any pleading is
amended, a new copy of
the entire pleading,
incorporating the
amendments, which shall
be indicated by
appropriate marks, shall
be filed.