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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
Fourth Judicial Region
Branch 176
Santa Cruz, Laguna

PEOPLE OF THE PHILIPPINES, Criminal Case No. SC-1234567

-versus- -for-

DERICK BELEN, ROBBERY

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

ORDER

This treats of the Motion for Reinvestigation filed by the above

named accused, Derick Belen, represented by the Public Attorney’s
Office, alleging that he was denied due process during the inquest
proceedings since no preliminary investigation was accorded to him by
the trial prosecutor.

On the other hand, the Public Prosecutor interposed his objection to

the said motion and argued that the accused did not opt to avail of the
waiver under Article 125 of the Revised Penal Code.

Notably, the act of the accused, in surrendering himself to the

police authorities, does not fall under any of the circumstances
enumerated in section 5, rule 113 of the Revised Rules of Criminal
Procedure. Thus, the inquest proceeding was improper, and a regular
procedure for preliminary investigation should have been performed
pursuant to Rule 112 of the Rules of Court.

However, this Court resolves to deny the motion. Pursuant to the

Revised Guidelines for Continuous Trial of Criminal Cases, 1 a motion for
reinvestigation without prior leave of court is prohibited.

1
A. M. 15-06-10-SC
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In the present case, the accused filed the motion for reinvestigation
without first filing a motion for leave of court.

With the foregoing procedural infirmities, the Court finds it

unnecessary to delve on the arguments raised by both parties.

ACCORDINGLY, the motion for reinvestigation is DENIED.

SO ORDERED.
Santa Cruz, Laguna, August 14, 2019.

ALLAN S. HILBERO
Presiding Judge