motion to issue order of release rtc

7/25/2019 Motion to Issue Order of Release Rtc

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Republic of the PhilippinesREGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGIONBranch 98

Quezon City

MOTION TO ISSUE AN ORDER OF RELEASEADDRESSED TO THE BUREAU OF

IMMIGRATION

ACCUSED, through counsel, and unto this HonorableCourt, most respectfully avers

1. !hat Based on Police Records, the accused "erearrested and detained since #ecember $%, &'$( at QCP#)amuning Police station $' and the cases "ere referred tothe Honorable City Prosecutor on #ecember $*, &'$(+

2. !hereafter, the case "as doceted for in-uest "ithreference XV-03-INO and the ./ce of the City Prosecutorrendered a resolution recommending the 0ling of the saidcharges and setting the amount of Bail for theirprovisional liberty+

1

PEOPLE OF THE PHILIPINES, Plainti1,

2 versus 2

ALEXANDRO VARGAa++a 3abriel, 4ohn, &* years old,5ale, single, Romanian 6ational7nd temporary billeted at5arriot Hotel

MILAH KARMILAHa++a 5ilah )arnah, &( years old,female, single ndonesian 6ational

and temporary billeted at5arriot Hotel7ccused+

222222222222222222222222222222222222222222222222

Cr!"#$ C#%& N'. R-

()N-1*-113*+-CR

:or VIOL. OF SEC. +F

OF RA //


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3. !hat on #ecember $(, &'$( an information "as 0ledbefore this Honorable Court charging both accused ofviolating ;ection 9 Access Device Law.

/. !hat it is respectfully submitted before this HonorableCourt that the application for Bail "as 0led before andissued by Honorable ?ecutive 4udge :ernando !+ ;agun,

4r+ of Regional !rial Court Quezon City Branch @8 on#ecember &8, &'$( due to the unavailability of 4udgesduring the said date+

*. !hus, .n #ecember &9, &'$( the accused "as allo"ed

to post Bail for their temporary release pending thehearing of this Case and an .rder of Release "as issuedby the Honorable ?ecutive 4udge :ernando !+ ;agun, 4r+ ofRegional !rial Court Quezon City Branch @8+ Copy of thesaid .rder is herein attached as 7nne >7A+

. !hat despite such .rder of Release, "hich "as servedthe same day at around %'' P5, !he Police ./cersacting under the direct instruction from the ;tation

Commander P;P!+ Pedro !+ ;anchez of Quezon City Police#istrict Charge ;heetA is herein attached

as 7nnees >CA and >#A for reference+

THE COMMITMENT ORDERISSUED B THE BID IS NOT INACCORDANCE 4ITH SBM-201/-0/ AND THE SAME

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SHOULD NOT HAVE DIVESTEDTHE COURT OF ITSJURISDICTION OVER THECUSTOD OF THE ACCUSED5

+. Eith respect to the issuance of the said >Commitment.rderA "hich "as used as the basis of the Police ./cersfor turning the custody of the accused before the Bureauof mmigration, it is respectfully submitted that the sameis not in accordance "ith B# .perations .rder 6o+ ;B52&'$*2'* dated ;eptember &(, &'$* other"ise no"n asthe >Manual of Operation for Processing

Arrested/Intercepted ForeignersA+ Copy of the said

.perations .rder is herein attached as 7nne >?A+

10. Proceeding unto the validity of the >Commitment.rderA, ;ection 9 of ..;B52&'$*2'* provides

Section 9. Turn-over to the BI Wardens

Facility2 7fter the conduct of the in-uest

investigation and the ;pecial Prosecutor deems

the necessity of 0ling a Charge ;heet or after

re-uesting for a regular preliminary investigation,the C; shall turn2over the foreignerFs custody to

the Earden, B EardenFs :acility


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intelligence report that a foreigner has committed,

is actually committing or is about to commit a

violation of immigration la"s, or any of the

Philippine la"s, rules and regulations, "hich mayconstitute grounds for deportation, the

Commissioner, or in his absence, the 7cting

Commissioner, in the interest of national security,

public health, public safety andor national

interests, !#< %%7& # M%%'" Or=&r =r&>8":

#;;r';r#8& '?>&r% '@ 8& B7r '@

I!!:r#8'" BI 8' >'"=7>8 9&r>#8'" #"=

"9&%8:#8'" ';&r#8'"% #:#"%8 8&@'r&:"&r >'">&r"&=, and if probable cause

eists, to e1ect a "arrantless arrest of such

foreigner in accordance "ith ;ection (, Rule $$% of

the Revised Rules of Criminal Procedure, if found

in agrante violating Philippine mmigration la"s+A


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>Section 2. Su!ission of Written

"e#uest fro! Other $a% &nforce!ent

'(encies 2 Da" enforcement agencies seeingassistance for a Goint2operation "ith the B may

0le a "ritten re-uest containing the follo"ing

&!&"8 #:&">&%

&>&;8 &" 8& @'r&:"&r% ;'%& #

>$r #"= ;r&%&"8 =#":&r 8' ;7$>

%#@&8


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1+. ;ection $' of ..;B52&'$*2'* provides for the dutiesof the Bureau of mmigration EardenFs :acility, to "it

>Section 1). *uties of the BIWF2 Prior to

receiving custody of the arrested foreignerFs, the

Earden, or his duly authorized agent, shall register

the follo"ing entries in its o/cial logboo

a+ Complete names of all the B personnel "hoturned2over the foreignerFsIb+ Personal circumstances of the arrestedforeignerFsIc+ Copy of the 5ission .rder and 7/davit of

arrestId+ .riginal copy of the Commitment .rderIe+ Complete inventory of the foreignerFsproperties things and papers that "ill be turnedover to the Earden+A

20. !hat the BE: accepted and too over the custody theaccused despite no"ledge of the eistence an >.rder ofReleaseA issued by the Honorable Court and their refusal

to recognize and receive a copy of the same alsoconstitutes a violation and should constitute contempt ofCourt+ :urthermore, no proper accountability as to theturn over of the accused "as made since theundersigned never received the entries as mandatedunder ;ection $'+ 5ere copies, much less Jero copies ofthe faed >Commitment .rderA together "ith the Charge;heet "as only furnished+

21. !hus, based on the follo"ing, the continued detention

of the accused despite the eistence of an .rder ofRelease constitutes a patent violation of the accusedconstitutional right to bail and to be temporarily releasedpending the resolution of the case before the HonorableCourt+

22. 5ore importantly, the 4urisdiction over the persons ofthe accused are already vested "ith the Honorable Courtby virtue of the pendency of the criminal case, thus, the

Bureau of mmigration should have eercised caution inissuing the said Commitment .rder and refused to taecustody over the accused considering that an .rder ofRelease "as already issued+


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23. !hat for epedient resolution of the issues raisedherein, early resolution of the instant 5otion has becomeglaringly eigent+

2/. !hat this 5otion is intended for for the purposes alludedthereto+

PRAER

4HEREFORE, foregoing premises considered, it is mostrespectfully prayed unto this Honorable Court that theinstant 5otion be granted and an


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Police ;tation $'?#;7, )amuning, Quezon City

ARVIN CESAR G. SANTOSChief, Degal #ivisionBureau of mmigration5agallanes #rive, ntramuros$''& 5anila

3reetingsK

Please tae notice that on 4anuary $(, &'$( at 8%'oFcloc in the morning, undersigned counsel "ill submit the

foregoing Petition to the Honorable Court for itsconsideration and approval+ 7ccordingly, the Branch Cler ofCourt is respectfully re-uested to include said motion in thecalendar of the Court for that day+ !han you+

ATT. JAIRUS B. RUBIO

Counsel for the 7ccused

Copy furnished

ALESSANDRO D. JURADO7ssistant City Prosecutor

#epartment of 4usticeQuezon City

PSUPT. PEDRO T. SANCHE);tation CommanderQuezon City Police #istrictPolice ;tation $'?#;7, )amuning, Quezon City

ARVIN CESAR G. SANTOS

Chief, Degal #ivisionBureau of mmigration5agallanes #rive, ntramuros$''& 5anila


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motion to issue order of release rtc

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