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    Motion For Inhibition Sample

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    Anonymous YZvQNkM
    The private prosecutors filed a motion for voluntary inhibition requesting that the presiding judge recuse himself from a criminal falsification of public documents case that has been ongoing for over 15 years. They argue that the lengthy proceedings have fostered cynicism in the private complainants regarding their pursuit of justice. Additionally, the private prosecutors perceive that the court has been unduly prone to accommodate the accused's dilatory maneuvers. Citing rules on disqualification and the constitutional right to a speedy disposition, the private prosecutors respectfully request that the presiding judge inhibit himself and cause the case to be re-raffled to another branch.

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    Motion For Inhibition Sample

    Uploaded by

    Anonymous YZvQNkM
    7K views3 pages
    The private prosecutors filed a motion for voluntary inhibition requesting that the presiding judge recuse himself from a criminal falsification of public documents case that has been ongoing for over 15 years. They argue that the lengthy proceedings have fostered cynicism in the private complainants regarding their pursuit of justice. Additionally, the private prosecutors perceive that the court has been unduly prone to accommodate the accused's dilatory maneuvers. Citing rules on disqualification and the constitutional right to a speedy disposition, the private prosecutors respectfully request that the presiding judge inhibit himself and cause the case to be re-raffled to another branch.

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    Sample Motion

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    Motion for Inhibition Sample

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    The private prosecutors filed a motion for voluntary inhibition requesting that the presiding judge recuse himself from a criminal falsification of public documents case that has been ongoing for over 15 years. They argue that the lengthy proceedings have fostered cynicism in the private complainants regarding their pursuit of justice. Additionally, the private prosecutors perceive that the court has been unduly prone to accommodate the accused's dilatory maneuvers. Citing rules on disqualification and the constitutional right to a speedy disposition, the private prosecutors respectfully request that the presiding judge inhibit himself and cause the case to be re-raffled to another branch.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    7K views3 pages

    Motion For Inhibition Sample

    Uploaded by

    Anonymous YZvQNkM
    The private prosecutors filed a motion for voluntary inhibition requesting that the presiding judge recuse himself from a criminal falsification of public documents case that has been ongoing for over 15 years. They argue that the lengthy proceedings have fostered cynicism in the private complainants regarding their pursuit of justice. Additionally, the private prosecutors perceive that the court has been unduly prone to accommodate the accused's dilatory maneuvers. Citing rules on disqualification and the constitutional right to a speedy disposition, the private prosecutors respectfully request that the presiding judge inhibit himself and cause the case to be re-raffled to another branch.

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    You are on page 1of 3

    REPUBLIC OF THE PHILIPPINES

    NATIONAL CAPITAL JUDICIAL REGION


    METROPOLITAN TRIAL COURT
    BRANCH 40, QUEZON CITY
    PEOPLE OF THE PHILIPPINES,
    Plaintiff,
    -versus-

    CRIM. CASE NO. 00-108992


    For: Falsification of Public
    Document

    ANA DE GUIA SAN PEDRO and


    ALEJO DOPEO
    Accused.
    x------------------------------------------x

    MOTION FOR VOLUNTARY INHIBITION


    COMES NOW, the undersigned Private Prosecutor, under the
    direct control and supervision of the Public Prosecutor and unto this
    Honorable Court, most respectfully states:
    1.
    At the outset, the undersigned Private Prosecutor would
    like to affirm its utmost faith and confidence in the competence and
    impartiality of the Honorable Presiding Judge. As a member of the
    legal profession, the undersigned Private Prosecutor is aware of the
    careful deliberation involved in the disposition of cases by the courts,
    mindful that they are duty-bound, above all else, to uphold the
    interests of justice. And it is by traversing a shaky tightrope of
    competing rights and interests that they must do so.
    2.
    On the part of the private complainants, however, the
    overly protracted proceedings that have attended this case have
    fostered great disillusionment and cynism with regards to their pursuit
    of justice.
    3.
    Considering that it has already been more than 15 long
    years since the Information against the accused was filed on 27 June
    2000, the private complainants, despite protestations from the Private
    Prosecutor, cannot help but perceive that this Honorable Court has
    proven to be unduly prone to accommodate the myriad dilatory
    maneuvers of the counsel for the Accused.
    4.
    For the foregoing reasons and to restore the private
    complainants faith and confidence in the courts, the undersigned
    Private Prosecutor respectfully and with the heaviest of hearts moves

    that the Honorable Presiding Judge voluntarily inhibit himself from


    further trying this case based on the second paragraph of Section 1,
    Rule 137 of the Rules of Court, which provides:
    Section 1. Disqualification of judges. No judge or
    judicial officer shall sit in any case in which he, or his wife or
    child, is pecuniarily interested as heir, legatee, creditor or
    otherwise, or in which he is related to either party within the
    sixth degree of consanguinity or affinity, or to counsel within the
    fourth degree, computed according to the rules of the civil law,
    or in which he has been executor, administrator, guardian,
    trustee or counsel, or in which he has been presided in any
    inferior court when his ruling or decision is the subject of
    review, without the written consent of all parties in interest,
    signed by them and entered upon the record.
    A judge may, in the exercise of his sound discretion,
    disqualify himself from sitting in a case, for just or valid
    reasons other than those mentioned above.
    5.
    This move is also predicated on Article III, Section 16 of
    the 1987 Constitution which entitles not only the Accused, but also
    herein Plaintiff, to a speedy disposition of their cases before all
    judicial, quasi-judicial, or administrative bodies.
    PRAYER
    WHEREFORE, premises considered, the Private Prosecutor
    respectfully prays that an Order be issued granting this motion for the
    Honorable Presiding Judge, Josephus Joannes H. Asis, to voluntarily
    inhibit himself from further trying Criminal Case No. 00-108992, titled
    People of the Philippines vs. Ana De Guia San Pedro and Alejo
    Dopeo and causing the re-raffling of the said case to another branch
    of the Honorable Court.
    RESPECTFULLY SUBMITTED.
    Quezon City, 24 September 2015.
    FOJA LAW OFFICE
    173-E Scout Fuentebella Ext.
    Sacred Heart, Quezon City, 1103
    Tel. Nos. 4141464 / 3554547
    Email Address: [email protected]
    2

    By:
    ALNIE G. FOJA
    Roll No. 46372
    IBP Lifetime No. 886729 / 01-25-12 / Romblon
    PTR No. 0569687C / 01-05-15 / Q.C.
    MCLE Compliance No. IV-0015932
    April 8, 2013

    FRANK LLOYD B. TIONGSON


    Roll No. 64966
    IBP No. 1007298 / 04-17-15 /Quezon City
    PTR No. 1579999 / 07-13-15 / QC
    Admitted to the Bar 2015
    MCLE not yet required

    JEFFREY G. AGUILAR
    Roll No. 64454
    IBP No. 1006823 / 04-08-15 / Occ. Mindoro
    PTR No. 1353494C / 05-19 15 / Q.C.
    Admitted to the Bar 2015
    MCLE not yet required
    Notice of Hearing and copy furnished:
    OFFICE OF THE CITY PROSECUTOR
    Quezon City
    M.A. AGUINALDO & ASSOCIATES
    Unit 709 Royal Plaza Towers
    648 Remedios Street
    Malate, Manila
    Greetings!
    Please take notice that the undersigned counsel will submit the
    foregoing Motion for Voluntary Inhibition for the consideration of this
    Honorable Court on Tuesday, 29 September 2015 at 8:30 in the
    morning in the place where the Honorable Court sits.

    ALNIE G. FOJA
    3

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