REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

CITY OF BATANGAS
BRANCH ____

THE PEOPLE OF THE

PHILIPPINES,
Plaintiff,

-versus- Criminal Case No. 123456

ALEXIA S. ESPARAGOZA
Accused.

x -------------------------------------- x

MOTION TO SUSPEND ARRAIGNMENT

Accused, Alexia S. Esparagoza, by counsel, alleges-

1. That arraignment in the instant suit has been set on April 20, 2021 at 8:30 in
the morning;
2. That on April 15, 2021, Accused filed a Motion for Reconsideration vis-a-
vis April 10, 2021 Recommendation/Resolution with the Office of the City
Prosecutor, of which this Honourable Court was duly furnished with a copy
thereof.
3. That the above Motion for Reconsideration has not been resolved to date;
4. That under Section 11 (c), Rule 117 of the Revised Rules of Criminal
Procedure, arraignment shall be suspended when a petition for review of the
resolution of the prosecutor is pending at either the Department of Justice, or
the Office of the President. It is humbly submitted that the pendency of the
aforesaid Motion for Reconsideration is akin to the situation earlier adverted
to;
 5. That, despite diligent efforts on the part of Undersigned Counsel, Accused,
who is in Japan, has not been informed of the April 20, 2021 arraignment;
and
6. That a suspension of the arraignment will afford herein Accused the opportunity to
prove that the present suit should not have been filed in the first place.

PRAYER

WHEREFORe, in the highest interests of substantial justice, it is most

respectfully prayed that the arraignment in the present case be suspended.
Batangas City, April 16, 2021.

HELEN CARLA L. TABERNERO

Counsel for Accused
The Branch Clerk of Court
Regional Trial Court
BRANCH __
Batangas City

GREETINGS :

Kindly submit the foregoing Motion to the Honourable Court immediately

upon receipt thereof for its consideration and favourable resolution.

HELEN CARLA L. TABERNERO

COPY FURNISHED:

Office of the City Prosecutor

Hall of Justice
Batangas City
 EXPLANATION

(in compliance with Section 11, Rule 13 of the 1997 Rules of Civil Procedure)
Copies of the pleading/motion to which this explanation is appended was:
 filed with this Honorable Court by registered mail;
 sent to counsel for the adverse party/ies by registered mail; due to the following
reason/s:
 the distance between this Honorable Court and counsel’s office which
makes personal filing of the pleading/motion impracticable;
 the great distance from the office of counsels for the parties which makes
personal service impracticable;
 lack of office personnel to effect personal service;
 time constraints.

Atty. HELEN CARLA L. TABERNERO