Omnibus Motion

Republic of the Philippines
REGIONAL TRIAL COURT

Third Judicial Region
BRANCH 111
Tarlac City
THE PEOPLE OF THE PHILIPPINES,

Plaintiff, CRIM CASE NO. 10861-2020
FOR: RAPE
-versus-
RODEL GUINTO y Dungca,

Accused.
x----------------------------------------------x
OMNIBUS MOTION
(For Reconsideration of this Honorable Court’s Order Dated 25 May
2023; and To Lift Bench Warrant of Arrest issued by this Honorable
Court on 11 May 2023)
I, DR. ROS KAMIL JACOBA-HERMOSA, witness for the prosecution

of the above-captioned case, most respectfully states that:
1. On 11 May 2023, this Honorable Court issued an Order citing

me in direct contempt and issued a Bench Warrant of Arrest against
me.
2. On 25 May 2023, I Miled a Letter of Explanation before this

Honorable Court explaining the reasons why I was not able to
attend the scheduled trial dates for this case.
3. On 25 May 2023, this Honorable Court issued an Order

Minding the reasons stated in my Letter of Explanation to be
unmeritorious, thus, the Order of this Honorable Court dated 11
May 2023 hereby stands. I received a copy of said Order on the
same day via email.
4. I was informed that pursuant to the Rules of Court, a Motion

for Reconsideration can be Miled within Mifteen (15) days from
receipt of the Order dated 25 May 2023 or until June 9, 2023.
5. With utmost respect, I humbly beseech this Honorable Court
to reconsider and set aside its Order, and in the interest of justice,
lift the standing Bench Warrant of Arrest issued against me.
DISCUSSION
6. In sustaining the Order citing me in direct contempt, the

Honorable Court quoted the Letter of Explanation I have Miled on 25
May 2023, to wit:
“Dr. Fe Aquino, my Co-Resident received the subpoena on

November 3, 2022, hence the absence on the 4irst hearing,
October 24, 2022.
November 14 and April 22, 2023 was my duty day. As a

Senior OB GYN resident, I cannot just leave my duties in the
hospital, there were cases and operative procedures that
only I can do. Hence, the absence.”
7. It can be gleaned from the above quoted that the Yirst

scheduled hearing date was October 24, 2023. However, the
subpoena was only received, not by me, but only by my Co-
Resident, Dr. Fe Aquino (herein, Dr. Fe), on November 3, 2022.
Hence, I cannot and should not be faulted in my absence on the Mirst
scheduled trial date for I was not made aware of said schedule.
8. I was only informed by Dr. Fe on November 3, 2022 about the

scheduled trial date November 14, 2022. Despite the seemingly
long period in between said datessasa, the schedule of cases and
operative procedures to be done on the said period are quite
numerous and cannot be postponed without putting the patients at
risk. Being the Senior OB GYN Resident, it is my task to oversee the
Junior OB GYN Residents, and in addition to that, there are cases
and operative procedures which only I can perform.
9. In regard to the Order of this Honorable Court dated

November 14, 2022, said Order was again not directly received
by me, but by a certain Marie Dean Bacani. Said Order only came to
my knowledge on December ______ 2022.
10. Being a mere layperson who is only equipped with medical

knowledge and skills, but not versed with the technicalities of the
court proceedings, my primary predisposition is to attend to the
needs of my patients.
11. This legal duty of medical professionals is anchored in the

Principle of Respect for Life1, which states that “The right to life is
inviolable. Life is a necessary condition for all other human
goods. It must be protected and fostered at all its stages
beginning for conception to its natural end.”
12. As a physician, I am morally and legally2 obliged to promote

the health of my patients as my primary consideration.
13. The Supreme Court, in a plethora of cases, even

acknowledges the responsibility of doctors/physicians to look after
their patients, to wit:
“A physician-patient relationship is created when a patient

engages the services of a physician, and the latter accepts or
agrees to provide care to the patient. xxx
xxx
Once a physician-patient relationship is established, the

legal duty of care follows. xxx”3
14. Being entrusted with the patients’ lives, it is arduous to take

a leave and postpone the scheduled surgeries of the patients,
especially that there are procedures which only I can perform. Not
being physically present on my duty day will jeopardize the
patient’s safety and even their lives might be put at stake.
15. Furthermore, I was also informed that the contempt power

of the court shall only be resorted to in clear cases of refusal to obey
the court:
“The power to punish for contempt is inherent in all courts

and is essential to the preservation of order in judicial
proceedings and to the enforcement of judgments, orders,
and mandates of the court, and consequently, to the due
administration of justice. However, such power should be
exercised on the preservative, not on the vindictive, principle.
1
Ar$cle I Sec$on 1.1.1 of the Code of Ethics of the Medical Profession jointly adopted on September 2019
2
Ar$cle II Sec$on 2.2.3 of the Code of Ethics of the Medical Profession jointly adopted on September 2019
3
Casumpang v. Cortejo, G.R. No. 171127, March 11, 2015
Only occasionally should the court invoke its inherent power
in order or retain that respect, without which the
administration of justice will falter or fail. Only in cases of
clear and contumacious refusal to obey should the
power be exercised. Such power, being drastic and
extraordinary in its nature, should not be resorted to unless
necessary in the interest of justice.”4
16. The Courts are even reminded by the Supreme Court to use
the power of contempt with utmost restraint and only in cases
where there is notorious refusal to obey the Court:
“The Court remains guided by the principle that the

power of contempt is exercised only when there is clear
and contumacious refusal to obey the courts. Courts
should use the power of contempt sparingly, judiciously,
and with utmost self-restraint.”
17. In this case, it is never my intention to refuse nor disobey the

lawful order of this Honorable Court and the subpoenas issued, nor
to delay the administration of justice. In fact, I am more than willing
to testify on the truth as to the medical Mindings of my patient and
herein private complainant, Mikee Valdez, in order for justice to be
served.
18. I shall also endeavor to attend all succeeding hearings in the

above-captioned case, and should for just, valid, and meritorious
reasons that I anticipate that I may not be able to appear, I shall
immediately inform this Honorable Court.
19. All told, I respectfully move unto this Honorable Court to: (1)
reconsider and set aside its Order dated 25 May 2023; and (b) lift
the Bench Warrant of Arrest issued on 11 May 2023.
PRAYER
WHEREFORE, I, ROS KAMIL JACOBA – HERMOSA most

respectfully pray that this Honorable Court:
a. RECONSIDER and SET ASIDE its Order dated 25 May 2023 and a
new one be issued reversing its Order; and
4
Harbour Centre Port Terminal, Inc. v. La Filipina Uycongco Corp., G.R. No. 240984, September 27, 2021
b. LIFT the Bench Warrant of Arrest dated 11 May 2023 issued by this
Honorable Court.
Other reliefs, just and equitable under the premises, are likewise
prayed for.
Tarlac City. _____ May 2023
DR. ROS KAMIL JACOBA – HERMOSA

Af4iant
Copy Furnished:
_________________
GREETINGS:
The Branch Clerk of Court

RTC Branch 111
Tarlac City
Please take notice that I shall submit the foregoing Omnibus Motion
for the kind consideration and approval of the Honorable Court on 5 June
2023 at 1:30 in the afternoon or at any time most convenient to the
Honorable Court.
Also, please be informed that the Omnibus Motion was served to

the adverse counsel by registered mail on account of distance, time and
manpower constraints.
DR. ROS KAMIL JACOBA – HERMOSA

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Republic of the Philippines

REGIONAL TRIAL COURT

THE PEOPLE OF THE PHILIPPINES,

RODEL GUINTO y Dungca,

I, DR. ROS KAMIL JACOBA-HERMOSA, witness for the prosecution

1. On 11 May 2023, this Honorable Court issued an Order citing

2. On 25 May 2023, I Miled a Letter of Explanation before this

3. On 25 May 2023, this Honorable Court issued an Order

4. I was informed that pursuant to the Rules of Court, a Motion

6. In sustaining the Order citing me in direct contempt, the

“Dr. Fe Aquino, my Co-Resident received the subpoena on

November 14 and April 22, 2023 was my duty day. As a

7. It can be gleaned from the above quoted that the Yirst

8. I was only informed by Dr. Fe on November 3, 2022 about the

9. In regard to the Order of this Honorable Court dated

10. Being a mere layperson who is only equipped with medical

11. This legal duty of medical professionals is anchored in the

12. As a physician, I am morally and legally2 obliged to promote

13. The Supreme Court, in a plethora of cases, even

“A physician-patient relationship is created when a patient

Once a physician-patient relationship is established, the

14. Being entrusted with the patients’ lives, it is arduous to take

15. Furthermore, I was also informed that the contempt power

“The power to punish for contempt is inherent in all courts

“The Court remains guided by the principle that the

17. In this case, it is never my intention to refuse nor disobey the

18. I shall also endeavor to attend all succeeding hearings in the

WHEREFORE, I, ROS KAMIL JACOBA – HERMOSA most

Tarlac City. _____ May 2023

DR. ROS KAMIL JACOBA – HERMOSA

The Branch Clerk of Court

Also, please be informed that the Omnibus Motion was served to

DR. ROS KAMIL JACOBA – HERMOSA

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