REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Zamboanga City
Branch 15

PEOPLE OF THE PHILIPPINES,

Plaintiff,

CRIM. CASE NO. 00-108992

For: Falsification of Public Document

-versus-

MAE SALA and KHAI SABWAT

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 10 long years since the
Information against the accused was filed on 29 November 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, Dhica
H. Dapat, to voluntarily inhibit himself from further trying Criminal Case No. 00-
108992, titled People of the Philippines vs. Mae Sala and Khai Sabwat and causing
the re-raffling of the said case to another branch of the Honorable Court.

RESPECTFULLY SUBMITTED.

Zamboanga City, 17 January 2020.

HUSTISYA LAW OFFICE

12 Nunez Extension.
Zamboanga City, 1103
Tel. Nos. 568909 / 61425980
Email Address: hustisyalawoffice@gmail.com

By:

ATTY. ALAYKA A. ANUDDIN

Roll No. 46372

IBP Lifetime No. 886729 / 01-25-21 / Zamboanga City
PTR No. 0569687C / 01-05-20 / Z.C.
MCLE Compliance No. IV-0015932

Notice of Hearing and copy furnished:

OFFICE OF THE CITY PROSECUTOR

Zamboanga City

LABAN 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, 23 January 2020 at 8:30 in the morning in the place where the Honorable
Court sits.

ATTY. ALAYKA A. ANUDDIN

Roll No. 46372

IBP Lifetime No. 886729 / 01-25-21 / Zamboanga City
PTR No. 0569687C / 01-05-15 / Z.C.
MCLE Compliance No. IV-0015932