REPUBLIC OF THE PHILIPPINES

Third Judicial Region

MUNICIPAL TRIAL COURT
Penaranda, Nueva Ecija

PEOPLE OF THE PHILIPPINES,

Plaintiff, Crim. Case No. 125

-versus-

ROBERTO CATABAS
@ Obet Habarog,
Accused.

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

URGENT MOTION TO CANCELL ARRAIGNMENT

AND FOR PRELIMINARY INVESTIGATION

ACCUSED, by himself and unto this Honorable Court most respectfully alleges
that:

1. In the early dawn of December 14, 2005, at around 3:00 in the morning, while
accused was sleeping in his house with his family, for unknown reason, he
was picked-up and arrested by one PO3 Francisco Catabas, Jr. and some other
members of PNP, Penaranda without any valid warrant of arrest and without
legal ground whatsoever;

2. Immediately thereafter and up to the present time, the undersigned was

detained at PNP, Penaranda, Nueva Ecija and while on detention, herein
accused received physical abused, beating and maltreatment for several times
from PO3 Francisco Catabas, Jr., husband of the complainant and because of
this, his relatives required his urgent medical check-up and treatment but the
same was denied;

3. On the same day of December 14, 2005, an Inquest Report was issued by the
Honorable Provincial Prosecutor Gerardo De Leon and an Information for
Acts of Lasciviousness was filed before MTC, Penaranda, Nueva Ecija;

4. Since herein accused is presently detained, his relatives inquired before MTC,
Penaranda, Nueva Ecija regarding the status of the instant case in order to file
necessary motion but the Clerk of Court of MTC, Penaranda, Nueva Ecija
refused to give them copy of the Information filed against therein accused;

5. One month had already passed from the time the Inquest Report was issued
but no hearing is yet scheduled, hence the relatives of the accused inquired
again as to the true status of the case and to get copies of the Information and
other documents so that they can file motion for the release of the accused but
the Clerk of Court refused again to give them copies of the Information
because the said case has not yet been docketed and it was only on January 12,
2006 through the representation of Honorable Executive Judge Rodolfo P.
Beltran that a docket number was assigned in the instant case;

6. Immediately thereafter or on January 13, 2006, an Order setting the case for
arraignment on January 20, 2006 at 1:30 o’clock in the afternoon was issued
by the Acting Presiding Judge Nelson A. Tribiana;
 7. No preliminary investigation was conducted in this instant case despite the
fact that herein accused was not arrested in flagrante delicto, thus herein
accused was not given the opportunity to submit controverting evidence in
relation to the charges against him;

8. The failure to conduct preliminary investigation in this instant case is violative

of the constitutional right of the accused to procedural due process and the
pertinent provisions of the Rules of Court;

9. If the accused will be given an opportunity to submit controverting evidence

and affidavits of his witnesses, he would be able to prove that no probable
cause or even prima facie case exists in the above-entitled case, to warrant the
filing of the information against him;

WHEREFORE, premises considered and in the interest of justice, it is

respectfully prayed that a RE-INVESTIGATION in the above-entitled case be ordered
and the entire records be remanded to the Office of the Provincial Prosecutor of Nueva
Ecija for reinvestigation.

Such other reliefs and remedies just and equitable in the premises are likewise
prayed for.
Penaranda, Neva Ecija, January 18, 2006.

ROBERTO CATABAS
Accused

Fiscal Edison Rafanan

Cabanatuan City

The Clerk of Court

MTC-Penarnada
Nueva Ecija

Greetings!!!

The undersigned accused will be submitting the above Motion on January 18,
2006 at 1:30 o’clock in the afternoon to the Honorable Court for its kind consideration
and approval.

ROBERTO CATABAS
Accused

Copy furnished:

Fiscal Edison Rafanan

Cabanatuan City