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Alejo Comment To Motion To Defer Arraignment FINAL
Alejo Comment To Motion To Defer Arraignment FINAL
Alejo Comment To Motion To Defer Arraignment FINAL
- versus - - for -
COMMENT
(to the Motion to Defer Arraignment dated March 18, 2022)
Discussion
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a) xxxx
5. As can be seen from the motion and even on the accused’s Petition for
review before the Department of Justice, there is no showing of the
requirements laid down under the Rules as to Proof of Filing and Service;
6. The Petition for Review before the DOJ as attached to the motion to
Defer Arraignment lacks proof that it was actually filed except on the
mere say so of the accused;
10.As what the Supreme Court held in the landmark case of Crespo vs
Mogul 2, “…once an Information has been filed in court, the court is the
best and sole judge on how to dispose of the criminal case. Whether the
accused had been arraigned or not and whether there is a review by the
Secretary of Justice resulting in a motion to dismiss filed with the Court,
the Court may either grant the motion or proceed with the criminal case.
The Court is the best and sole judge on what to do with the case before
it”;
11.Furthermore, in Trinidad vs. Ang, 641 SCRA 214, G.R. No. 192898
January 31, 2011, the Court explained that while the pendency of a
petition for review is a ground for suspension of the arraignment, the
aforecited provision limits the deferment of the arraignment to a period
of 60 days reckoned from the filing of the petition with the reviewing
office. It follows, therefore, that after the expiration of said period, the
trial court is bound to arraign the accused or to deny the motion to defer
arraignment;
1
Trinidad vs. Ang, 641 SCRA 214, G.R. No. 192898 January 31, 2011
2
GR L-53373, 30 June 1987
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13.The Court has been clear and has emphasized that “the right of an
accused to have his arraignment suspended is not an unqualified right.” 3
Thus, after the expiration of the said period, the Honorable Trial Court is
bound to arraign the accused or even deny their motion to defer
arraignment4;
PRAYER
Other reliefs just and equitable under the premises are likewise prayed for.
RESPECTFULLY SUBMITTED:
3
Supra Note 1
4
Supra Note 3; Hao vs. People, 735 SCRA 312, G.R. No. 183345 September 17, 2014
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