Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region
Branch 17
Davao City
PEOPLE OF THE
PHILIPPINES,
Plaintiff CRIM. CASE No.
-versus- R-DVO-10-01109-CR
PATRICK N. MANALO, FOR:
Accused. ESTAFA
x---------x
MOTION TO DE-ARCHIVE AND REVIVE
ACCUSED, assisted by the undersigned counsel, most respectfully
states that:
1. Per a previous inquiry by the undersigned counsel for the
accused with this Court and with the Office of the City Prosecutor
of Davao City, the instant case had undergone a formal
preliminary investigation before the Office of the City Prosecutor
of Davao City sometime in 2018 without proper, actual and due
notice to and participation the undersigned Accused because the
complaint filed by the private complainant alleged a wrong/old
address of the undersigned Accused, which was: “Block 2 Lot 3,
Wellspring Highlands, Catalunan Pequeno, Davao City.”
2. For the record, the real and address of the Accused at that time
was (and still is): “No. 435-C Bonifacio Street, Davao City.”
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3. Since June of 2016 the ACCUSED has been paying on installments
to one JEFF SUPREMO the aforecited character/personal loan or
financial transaction subject matter of the instant case up to the
month of December, which was the last time that said JEFF
SUPREMO personally visited the house of the Accused to collect
the amortization due for that month.
4. Last May of 2017 a certain ANA COMDA, who represented
herself to be the paramour or common-law wife of the private
complainant JESS PIZO, informed a lady employee of the Accused
of the pendency of the instant Estafa case against the latter
before this Honorable Court. The said ANA COMDA showed the
lady employee of the Accused an alleged Special Power of
Attorney (SPA) signed by two (2) alleged sons of JESS PIZO. It
was from ANA COMDA that the Accused had learned that JESS
PIZO had died sometime in March of 2017. The purpose of ANA
COMDA was to collect the balance of the loan of the Accused
owing to the intestate estate of JESS PIZO.
5. Herein Accused was surprised to learn of the pendency of the
instant Estafa case against him because he knew that his
personal loan from JESS PIZO of Php2,500,000.00 or TWO
MILLION FIVE HUNDRED THOUSAND PESOS, which is the
subject matter of the instant case, was a regular loan that he had
secured from JESS PIZO without malice or bad faith, and that the
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said loan was in fact being religiously paid by him on
installments to JEFF SUPREMO who was regularly going to his
house almost on a weekly basis to collect the amortizations
thereon in behalf of JESS PIZO from the Accused since June 2016.
6. Hence, acting on the foregoing information, sometime in
December 2017, the Accused audited and reviewed the records
of payments already made by him to JEFF SUPREMO for the loan
obligation to JESS PIZO. During the said period, the Accused
scouted for a private lawyer that he could later hire to assist him
in investigating the background of the instant Estafa case and in
securing copies of the separate case record/s thereof from this
Court and from the Office of the City Prosecutor so that the
proper steps could be taken by the Accused and his counsel to
revive the case, to post bail, to secure a reduction of bail, and
to defend his rights and interests during the trial thereof.
7. On March 19, 2018, the undersigned counsel for the Accused,
Atty. Patricia Nicole Balgoa., acting through her paralegal staff
Ms. Prima Vena, visited the Court and the Office of the City
Prosecutor for the purpose mentioned in the preceding
paragraph. (See Annex “A”, Letter, dated xxx, of Atty. Manuel
J. Laserna Jr. to the Branch Clerk of Court).
8. His undersigned counsel has learned that the Court had archived
the instant case in December 16, 2017 due to the inability of the
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local PNP Police Station of Davao City to arrest him, per a
return/report submitted by the local PNP Police Station to the
Court in December 3, 2017. Hence, technically speaking, the
Accused was considered in the eyes of the law as an “at large”
accused/suspect for his failure to voluntarily surrender to the
Court and to post bail to face the trial of the instant case.
9. The undersigned counsel for the Accused has rendered a case
written status report to the Accused on April 19, 2018. (See
Annex “B”, Letter, dated xxx, of Atty. Manuel J. Laserna Jr. to
the Accused). The said report is quoted below, to wit:
“Enclosed is a copy of the whole case record of your pending Estafa
case. The status thereof is as follows:
1. The docket number is Crim. Case No. R-DVO-10-01109-CR.
2. The trial court is Regional Trial Court, Branch 17, 11th Judicial
Region, 2nd Floor, Davao City Hall of Justice.
3. The new lady judge is Judge Mary C. Josol. The clerk of court of
the court is Atty. Jackie Santos. Its tel. no. is 082 297 7845.
4. The original warrant of arrest was returned to the court by the
Police because you could not be located at your former address –
Block 2 Lot 3, Wellspring Highlands, Catalunan Pequeno, Davao City.
5. The case was archived by the court in December 16, 2017.
6. Technically, you are “at large.”
7. The bail recommended by the fiscal was Php60,000.00.
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8. According to the resolution of the fiscal, the amount involved is
P1,560,000. The date of commission of the alleged crime was
January to May 2017. The complainant is the deceased JESS PIZO.
10. Included in the attached records is the Special Power of Attorney
of the 2 children of the deceased, JUAN PIZO and THERESE PIZO.
If you wish to hire our law office to be your defense counsel, please
set an appointment (a) to discuss the case and (b) discuss our
professional fees. Thank you.”
10. The accused is very much willing, able and ready to post a BAIL
BOND for his temporary liberty so that he could forthwith face
the trial of this case and clear his good name as a family man and
a businessman.
11. For the above purpose, there is an urgent need for an Order
immediately REVIVING the instant case from the inactive
Archives of the Court so that the Court could immediately
calendar the case and act on the prayer of the Accused to post
the prayed for reduced bail bond of Php30,000.00 and, further,
so that the instant case could forthwith undergo the usual
judicial processes of arraignment, mediation, pretrial, and trial
proper to clear his good name and reputation as a family man
and a businessman.
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12. This motion is VERIFIED to serve as the Affidavit of Merit of the
Accused in explaining the factual matters narrated alleged
above.
WHEREFORE, in the interest of justice, it is respectfully prayed that:
1. The instant case be immediately REVIVED from the
inactive archives of the Court;
2. The Accused be ALLOWED TO POST BAIL; and that
3. Leave of Court be granted allowing the REDUCTION of the
recommended bail from P60,000.00 to P30,000.00; and
4. The ARRAIGNMENT of the instant case be forthwith
scheduled upon posting by the Accused of the reduced cash
bond of P30,000.00 as request above.
FURTHER, the Accused respectfully prays for such and other reliefs as
may be deemed just and equitable in the premises.
Respectfully submitted this 27 December, 2019, at Davao City,
Philippines.
ATTY. PATRICIA NICOLE M. BALGOA
Counsel for the Accused
Rm. 3, 2/F Phoenix Bldg., Tulip Street,
Ecoland, Davao City
[email protected] / Tel. No. (082) 221 0508
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PTR No. 882614; 05-07-17; Davao City
IBP Life Member Roll No. 029153
Roll of Attorneys No. 065132
MCLE Certificate of Compliance No. VII-101052
Issued on May 25, 2015 at Davao City
NOTICE OF HEARING / COPY FURNISHED
THE BRANCH CLERK OF COURT
RTC 17, Davao City
HON. REYNALDO M. TULFO
Office of the City Prosecutor
Davao City
ATTY. EDSAM ANDIT
Private Prosecutor
Davao City
Greetings:
Please take notice that the undersigned counsel for the accused hereby
earnestly requests that the foregoing Motion to De-Archive and Revive
be included in the calendar of cases to be heard by this Honorable
Court, on January 18, 2020, at 1 o’clock in the afternoon.
Thank you.
ATTY. PATRICIA NIOLE M. BALGOA
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