Republic of the Philippines

REGIONAL TRIAL COURT

Branch 5
th
Eight 8 Judicial Region
Oras, Eastern, Samar

PEOPLE OF THE PHILIPPINES,

Complainant,

CRIMINAL CASE NO. 2023-40

-versus- F O R:
CYBERLIBEL

ROLANDO O. NABLO ET AL.

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

MOTION TO DISMISS
(For Improper Venue)

COME NOW defendants ROLANDO O. NABLO and ROWENA B.

NABLO by counsel and unto the Honorable Court respectfully allege: That-

1. An Information was filed for violation of Sec. 4 (c) (4) of RA 10175

or the Cyber Libel with Branch 5, Regional Trial Court, Eight Judicial
Region, Oras, Eastern, Samar;

2. It appears, however, that the Honorable Court which is presently

hearing the case is not one of the designated Special Commercial Courts
as “Cyber Crime Courts” in the judicial region;

3. In Supreme Court resolution dated 15 November 2016 in A.M. No.

03-03-03-SC, the Supreme Court en banc designated Special Commercial
Courts as ‘Cybercrime Courts’. These courts now have the power to try and
decide cases covered by the Cybercrime Prevention Act within their
respective territorial jurisdictions. Accordingly, Cybercrime cases shall now
be filed with the Office of the Clerk of Court in the official station of the
proper cybercrime court;

4. In view of the foregoing, the Honorable Court being not one

designated as “Cyber Crime Courts” in this judicial region, the instant
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case for cyber libel should be immediately dismissed.

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 PRAYER
WHEREFORE, premises considered, it is most respectfully prayed
that the above-entitled case be DISMISSED for improper venue.

Other reliefs and remedies are also prayed for.

Catbalogan City, for Oras, Eastern, Samar, 14 November 2023.

ATTY.DEMETRIO MEDINO J. ACUBA

Counsel for the Accused
G/F Laohoo Bldg., 196 San Bartolome St.
Brgy. 03 6700 Catbalogan City
IBP Official Receipt No.278346
PTR. No. 8853145 Catbalogan City 1.4.23
Roll of Attorneys No. 71321
MCLE Compliance No. VII-0019383

REQUEST

THE CLERK OF COURT

Branch 5
Regional Trial Court
Oras, Eastern Samar

GREETINGS:

Immediately upon receipt hereof, kindly submit the foregoing MOTION TO

DISMISS (For Improper Venue) to the Honorable Court for its appropriate
consideration.

ATTY. DEMETRIO MEDINO J. ACUBA

Cc: (By Registered Mail)

Hon. Fernando L. Tanglao, Jr.

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Prosecutor 1
Office of the Provincial Prosecutor
Oras, Eastern, Samar

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