Republic of the Philippines

REGIONAL TRIAL COURT

18th Judicial Region
Branch 101
Pinatubo City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No. 1234
For: Malversation of Public Property
-versus-

C2C JUAN DELA CRUZ, PC,

Accused.
x-----------------------------------------x

MOTION TO RECONSTITUTE RECORDS

Accused, JUAN DELA CRUZ, through the Public Attorney’s Office and
unto this Honorable Court respectfully states, that:

1. In a certification dated July 21, 2014, it was revealed that the instant case
was ordered ARCHIVED on April 29, 1999. A copy of the certification is attached
herein as Annex “A”.

2. Accused did not receive any notice concerning this case. He had no
knowledge of its existence until he filed an application for the issuance of an
Ombudsman Clearance, where he learned that he had a pending criminal case
filed before this Honorable Court.

3. Upon his inquiry, accused learned that the instant case was filed against
him before this Honorable Court on February 20, 1998 and ordered archived on
April 29, 1999.

4. The accused also learned that the records of this case were also eaten by
termites as stated in the certification.

5. The accused never intended to evade the instant case. He was not aware
of its existence. He has not received any notice from this Honorable Court.
Neither had he been arrested pursuant to this case.

6. The accused moves that the instant case be reopened so that he could
face the accusations against him and be able to defend and clear himself.

7. Thus, the accused request unto this Honorable Court to order the
reopening of this case and reconstitute its records pursuant to its inherent power
under Rule 135 Sec. 5 of the Rules of Court in relation to Act 3110 1.

8. Pursuant to the mentioned rule, this Honorable Court has the power to
restore and supply deficiencies in its records and proceedings, thus;

Section 5. Inherent powers of court. — Every court shall have power:

(a) To preserve and enforce order in its immediate presence;

1
ACT NO. 3110 - AN ACT TO PROVIDE AN ADEQUATE PROCEDURE FOR THE RECONSTITUTION OF
THE RECORDS OF PENDING JUDICIAL PROCEEDINGS AND BOOKS, DOCUMENTS, AND FILES OF THE
OFFICE OF THE REGISTER OF DEEDS, DESTROYED BY FIRE OR OTHER PUBLIC CALAMITIES, AND
FOR OTHER PURPOSES
 (b) To enforce order in proceedings before it, or before a person or persons
empowered to conduct a judicial investigation under its authority;

(c) To compel obedience to its judgments, orders and processes, and to the
lawful orders of a judge out of court, in a case pending therein;

(d) To control, in furtherance of justice, the conduct of its ministerial officers,

and of all other persons in any manner connected with a case before it, in
every manner appertaining thereto;

(e) To compel the attendance of persons to testify in a case pending therein;

(f) To administer or cause to be administered oaths in a case pending therein,

and in all other cases where it may be necessary in the exercise of its powers;

(g) To amend and control its process and orders so as to make them
conformable to law and justice;

(h) To authorize a copy of a lost or destroyed pleading or other paper

to be filed and used instead of the original, and to restore, and supply
deficiencies in its records and proceedings.(emphasis and underscoring
supplied)

9. Accused tried to gather relevant records of the instant case in order to aid
this Honorable Court in the reconstitution. He visited the concerned parties,
namely; the Office of the Ombudsman, Office of the Provincial Prosecutor of
Pinatubo and the Office of the Clerk of Court, RTC, Pinatubo.

10. However, the accused failed to get a copy of the Information from the
mentioned offices.

11. Be that as it may, the investigation of the Office of the Ombudsman would
be helpful. They found out that the instant case resulted from the case reviewed
by their office which they docketed as OMB-1-23-4567. The latter case was
previously docketed as OMB-2-34-5678.

A copy of the Ombudsman’s After Travel Report with its attachment is

attached herewith as Annex “B”.

Likewise, attached herewith is the Joint Review and Recommendation

dated December 29, 1997 by the Office of the Deputy Ombudsman for the
Military as Annex “C”, Amended Resolution as Annex “D”, criminal complaint
as Annex “E” and affidavit of Mrs. Emma Wartaws as Annex “F”.

PRAYER

WHEREFORE, premises considered it is most respectfully prayed of this

Honorable Court that Order to Reopen and Reconstitute the Records of this case
be issued.

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

Tarlac City, Philippines. June 27, 2019.

COUNSEL
2nd Floor, RTC Building,
 Pinatubo City

By:

ECM

NOTICE & REQUEST

Branch Clerk of Court

RTC Br. 101, Pinatubo

City Prosecutor
Pinatubo

The Clerk of Court

RTC, Pinatubo

GREETINGS:

Please take notice that the undersigned counsel is submitting the foregoing
“motion” for the consideration and approval of this Honorable Court on March 2, 2016,
Wednesday, or at the time and date that it may be conveniently scheduled.

ECM

EXPLANATION

DUE TO DISTANCE CONSTRAINTS, the foregoing “motion” is served to the other

parties through registered mail which is the most practicable mode of service under the
premises, hence personal service was not resorted to.

ECM

Copy Furnished: By Registered Mail:

Office of the City Prosecutor Personally received:______________

Pinatubo City