Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
Provincial Prosecution Office
Tayug, Pangasinan

CERELINA FRANCHESKA A. ESPOS,

Represented by Kristel A. Espos
Complainant,
-versus-

NPS Docket No. I-01h-INV-20G-00112

ANTHONY A. BIASURA
Respondent.
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AMBER CASTIEL A. ESPOS,
Represented by Kristel A. Espos
Complainant,
-versus-

NPS Docket No. I-01h-INV-20G-00114

ANTHONY A. BIASURA
Respondent.
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

NOTICE OF ENTRY OF APPEARANCE WITH

MANIFESTATION AND MOTION

The undersigned counsel, unto this Honorable Office of the Provincial

Prosecutor, most respectfully enters his appearance as collaborating
counsel for respondent ANTHONY A. BIASURA, and prays that future
notices/processes of this Honorable Office and
pleadings/motions/correspondence from the Honorable Office and the
Complainant in this case be sent directly to the undersigned counsel at his
address indicated below.
 MANIFESTATION AND MOTION

1. Upon verifying the records, it was discovered that a subpoena dated

27 October 2020 was sent to the respondent address at Artacho St.,
Brgy. Poblacion East, San Nicolas, Pangasinan to appear on 09
November 2020 at 10:00 o’clock in the morning for clarificatory
hearing in connection with the above-captioned cases;

2. Unfortunately, the respondent was not able to attend the said

hearing, because he was not able to receive the subpoena, since he
is no longer staying in the address indicated in the said subpoena;

3. The respondent for the record is not disregarding the lawful

processes of this Office, but was not able to attend the said hearing
due to lack of notice, which is excusable in the premises;

4. The undersigned is very much willing to cooperate and participate in

the investigation of the aforesaid accusations against him, as he is
also interested in finding the truth, while he maintains his innocence
regarding the said charges;

5. However, no amount of words and/or citations will ever change the

fact that the complainant herein has no basis in fact and in law to
institute this instant case. Most especially in this case, wherein
complainant has her own version, while respondent have a different
version contrary to the baseless allegations of complainant. And, if
the inculpatory facts and circumstances are capable of two or more
explanations, one of which is consistent with the innocence of the
accused and the other consistent with his guilt, then the evidence
does not fulfill the test of moral certainty and is not sufficient to
support a conviction, and, thus, that which is favorable to the accused
should be considered;

6. Respondent respectfully invokes the presumption of his innocence.

Thus, complainant ought to traverse the said presumption with
convincing contrary evidence;
 7. In view of the foregoing, it is respectfully moved that the instant cases
should be REOPENED, in order to allow respondent to further shed
light on the matter thru his material and eye witnesses, in order to
shield himself from precipitate, spiteful and burdensome prosecution
and to spare him from unnecessary and undeserved trouble,
expense, and torment of a public trial;

8. Likewise, it is further moved and requested that undersigned thru his

representatives namely ALEXANDER C. DUMLAO and/or IAN M.
MABINI be allowed to photocopy the full records of these cases, in
order to allow the undersigned counsel to review these cases and file
the appropriate pleadings whenever necessary in the premises;

9. Lastly, in connection with the foregoing motions, the undersigned

respectfully prays that a clarificatory hearing be set anew to further
investigate the matter, in the interest of justice;

10. This Motion is not intended for delay but solely due to the
foregoing reasons.

PRAYER

WHEREFORE, Respondent most respectfully prays of this Honorable

Office to REOPEN these cases, set the cases for Clarificatory hearings on
further preliminary investigation and to allow undersigned counsel to
reproduce the records of these cases.

Other relief just and equitable are likewise prayed for.

Quezon City for Tayug, Pangasinan; December 21, 2020.

ATTY. HENRY S. CAPELA

Counsel for the Respondent
Room 1015 Corporate 145 Building
No. 145 Mother Ignacia Avenue,
Brgy. South Triangle, Quezon City 1103
 IBP No. 112182; 1-24-2020 ; Bulacan
PTR No. 8221354- 1/17/2020-Bulacan
Roll No. 44616
MCLE Compliance No. VI-0024519; April 24, 2019
Mobile No. 09175821561;
email add: henrycapelamge@gmail.com

NOTICE OF HEARING

OFFICE OF THE PROVINCIAL PROSECUTOR

Tayug, Pangasinan

Hon. Adriano P. Cabida

Senior Assistant Provincial Prosecutor
Office of the Provincial Prosecutor
Tayug Pangasinan

Kristel Joy A. Espos

Complainant
Brgy. Poblacion East, San Nicolas Pangasinan

Greetings!

Please submit the foregoing Motion for the favorable consideration

and approval of the Honorable Office, upon receipt hereof.

HENRY S. CAPELA

EXPLANATION

The undersigned is filing, sending and/or furnishing copies of the

instant Entry of Appearance with Manifestation and Motion to the
Honorable Office of the Provincial Prosecutor, Tayug Pangasinan and
Complainant thru registered mail due to distance, lack of material time and
lack of personnel to make personal service.
HENRY S. CAPELA