Republic of the Philippines

REGIONAL TRIAL COURT

9th Judicial Region
Branch 12
Zamboanga City

THE PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 23041

Plaintiff,
- versus - - for -

JOSEPH ESTEVES y DELA PENA, ET. AL., ROBBERY WITH HOMICIDE

Accused.
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MOTION TO SET HEARING

COMES NOW THE PROSECUTION, unto this Honorable Court, most respectfully
moves for the setting of a hearing only for the purposes of presenting Superintendent
Mercedes Diestro. In support thereof, it is averred:

1. That earlier today the Honorable Court ordered that this case be heard on
January 25, 26, 27, February 1 and 2, 2012;

2. However, Superintendent Diestro contacted the trial prosecutor and informed

her that she will be in Zamboanga City on November 17, 2011 and that she would be
available to testify on November 22, 2011;

3. That Supt. Diestro is already assigned in Iloilo City and would only be coming
to finally testify in other cases within Region 9 on the said dates as she has other court
appearances in Iloilo thereafter;

4. That her testimony is going to be very short and only to identify the chemistry
report as well as the contents thereof. Nevertheless, it would be very important to prove
the prosecution’s case and there is utmost necessity to present Supt. Diestro.

WHEREFORE, premises considered, it is respectfully moved that a hearing be set

for the testimony of Supt. Diestro on November 22 and 23, 2011. All other reliefs, just and
equitable under the circumstances are likewise prayed for.

IVY FEROLINO DAMAYO

Assistant Regional Prosecutor, Detailed
Trial Prosecutor
MCLE Exemption No. III-000529 dated July 8, 2009
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NOTICE OF HEARING
THE CLERK OF COURT
Br. 12, RTC
Zamboanga City
 Greetings!

Please take notice that the undersigned is submitting the foregoing Very Urgent Motion for the kind
consideration and approval of this Honorable Court immediately upon receipt. Thank you.

IVY FEROLINO DAMAYO

Copy furnished:

ATTY. PAULINO ERSANDO, Zamboanga City