REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

SIXTH JUDICIAL REGION
BAGO CITY
Branch 62

PEOPLE OF THE PHILIPPINES,

Criminal Case Nos. 4313 to 4315

- versus - For: Sexual Abuse in relation to
R.A. 7610

EDDIE L. BAILON J..R,

Accused.

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MOTION TO SUSPEND PROCEEDINGS
Accused, Eddie L. Bailon J.r., by counsel, respectfully states:

1. Accused was charged with (i) Sexual Abuse in relation to R.A.

7610 by Nicole Villacorta; (ii) Acts of Lasciviousness by Princess
Villacorta; and (iii) another Acts of Lasciviousness by Queeneth Villacorta
before the Office of the City Prosecutor, Bago City on July 6, 2018.

2. On August 10, 2018, the Accused filed his timely Counter-

Affidavit. Nevertheless, the Honorable Prosecutor found probable cause
against the Accused and issued a Resolution dated September 6, 2018,
recommending the filing of three (3) cases of Sexual Abuse (in relation to
R.A. 7610) in court, which the Accused received on September 13, 2018.
Informations were subsequently filed for 3 cases of sexual abuse in relation
to R.A. 7610.

The dispositive portion of the said Resolution states:

“WHEREFORE, let an information for Sexual

Abuse under Section 5(b), Article III of R.A. 7610 be filed
against the respondent in the three (3) above-captioned
cases.

3. Under Section 3 of Department of Justice Circular No. 70,

otherwise known as the “2000 NPS Rules on Appeal”, the
accused/respondent has a period of fifteen days from receipt of the assailed
Resolution or receipt of the denial of a motion for reconsideration to file an
appeal before the Department of Justice. The aforesaid Rules emphatically
states:

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 “Section 3. Period to Appeal – The
appeal shall be taken within fifteen days
from receipt of the resolution, or of the
denial of the motion for
reconsideration/reinvestigation if one has
been filed within fifteen (15) days from
receipt of the assailed resolution. Only one
motion for reconsideration shall be
allowed.”

4. Section 5 of the aforesaid Rules further requires:

“If an information has been filed in

court pursuant to the appealed resolution, a
copy of the motion to defer proceedings
filed in court must also accompany the
petition. The
investigating/reviewing/approving
prosecutor shall not be impleaded as party
respondent in the petition, the party taking
the appeal shall be referred to in the petition
as either “Complainant-Appellant” or
“Respondent-Appellant”.”

It is in this matter that in cases where appeal is to be made before the

Department of Justice, the said Rules further requires as a condition sine qua
non, that a motion to defer proceedings be filed first with the trial court
before appeal can be given due course.

5. To restate, the Accused received a copy of the September 6,

2018 Resolution of Deputy City Prosecutor Ma. Christy Uriarte on
September 13, 2018. Accordingly, accused has fifteen (15) days to file his
Appeal before the Department of Justice from September 14, 2018, or up
September 28, 2018.

6. Therefore, in order to protect the State from useless and

expensive trials, and more importantly, to protect the accused from an open,
baseless and malicious and public accusation of a crime and to give him his
right to due process, and pursuant to the requirement of Section 5 of DOJ
Circular No. 70, the Accused humbly moves that the present case be held in
abeyance and the Arraignment and Pre-trial scheduled on October 9, 2018,
be momentarily suspend as accused will elevate the September 6, 2018
Resolution of the Honorable Prosecutor Ma. Christy Uriarte, by way of
appeal before the Secretary of the Department of Justice.

7. This motion is not intended to delay the ongoing proceedings

but is filed solely for the aforesaid purpose.

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 RELIEF

WHEREFORE, premises considered, accused respectfully prays that

an Order be issued by this Honorable Court holding in abeyance the conduct
of further proceedings, specifically the conduct of Arraignment and Pre-trial
scheduled on October 9, 2018, of the abovementioned cases in compliance
with Section 5 of DOJ Circular No. 70.

Other equitable reliefs are likewise prayed for.

Bacolod City for Bago City, September 28, 2018.

CATACUTAN & SINCO

LAW OFFICES
Counsel for the Accused
Door No. 4, 2nd Floor,
Esteban – Magdalena Bldg.,
Hernaez Street, Brgy 38,
Bacolod City, Negros Occidental, 6100
Email Address: caslawoffices@gmail.com
Cell Phone No.: 0998-343-5104/0928-860-5361

By:

ACE JOSEPH B. CATACUTAN

PTR No. 7126822/01-04-18/Bacolod City
IBP No. LRN-1045535/07-22-2016/
Negros Occidental Chapter
Attorney’s Roll No. 64091
MCLE Compliance No. V-0023218; 04-14-19

GABRIEL P. SINCO
PTR No. 7126821/ 01-04-18/Bacolod City
IBP No. LRN - 028650/ 01-19-2018/
Negros Occidental Chapter
Attorney’s Roll No. 67606
(Pending MCLE Compliance Number)

Notice of Hearing &

Copy Furnished to:

Branch Clerk of Court

RTC-Branch 62
Bago City

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Office of the City Prosecutor
Bago City

Greetings:

Please be informed that the foregoing motion will be submitted for the
Honorable Court’s consideration and resolution on ___________________.

Ace Joseph B. Catacutan