petition to cite in contempt varga rtc

7/25/2019 Petition to Cite in Contempt Varga Rtc

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Republic of the PhilippinesREGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGIONBranch 98

Quezon City

PETITION TO CITE PSUPT. PEDRO T. SANCHEZAND OTHER POLICE OFFICERS OF THE

QUEZON CITY POLICE DISTRICT STATION 10

KAMUNING IN CONTEMPT OF COURT

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

1. !hat Based on Police Records, the accused"ere arrested and detained since #ecember $%,&'$( at QCP# )amuning Police station $' and thecases "ere referred to the Honorable City

Prosecutor on #ecember $*, &'$(+

2. !hereafter, the case "as doceted for in-uest"ith reference XV-0-INO and the ./ce of theCity Prosecutor rendered a resolutionrecommending the 0ling of the said charges and

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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

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

QZN-1*-11*+-CR

:or VIOL. OF SEC. +F

OF RA //


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setting the amount of Bail for their provisionalliberty+

. !hat on #ecember $(, &'$( an information"as 0led before this Honorable Court chargingboth accused of violation of ;ection 9 Access DeviceLaw.

/. !hat it is respectfully submitted before thisHonorable Court that the application for Bail "as0led before and issued by Honorable ?ecutive

4udge :ernando !+ ;agun, 4r+ of Regional !rial Court

Quezon City Branch @8 due to the unavailability of4udges during the said date+

*. !hus, .n #ecember &9, &'$( the accused"as allo"ed to post Bail for their temporaryrelease pending the hearing of this Case and an.rder of Release "as issued by the Honorable?ecutive 4udge :ernando !+ ;agun, 4r+ of Regional

!rial Court Quezon City Branch @8+ Copy of the

said .rder is herein attached as 7nne >7A+

PSUPT. PEDRO T. SANCHEZ ANDOTHER POLICE OFFICERS OF QCPDSTATION 10 ARE LIALE FORINDIRECT CONTEMPT UNDERSECTION , RULE 31 OF THERULES OF COURT4

5. !hat despite such .rder of Release, "hich"as served the same day at around %'' P5, !hePolice ./cers acting under the direct instructionfrom the ;tation Commander P;P!+ Pedro !+;anchez of Quezon City Police #istrict


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the Police Report regarding the turn over of theaccused is herein attached as 7nne >BA+

. !hat the said transfer of custody, "as madepursuant to a faed copy of a >Commitment.rderA "hich "as received by the Police ;tation ataround '' P5 from the Bureau of mmigrationdated #ecember &9, &'$( and signed by the Chiefof the Degal #ivision+ Copy of the saidCommitment .rder and >Charge ;heetA is hereinattached as 7nnees >CA and >#A for reference+

+. 7s such, it is respectfully submitted that the

belated transfer of custody despite an earlier.rder of Release is contrary to la" and a blatantdisregard of the la"ful orders of the HonorableCourt+

10. !hat >Contempt of court has been de0ned asa "illful disregard or disobedience of a publicauthority+ n its broad sense, contempt is adisregard of, or disobedience to, the rules or

orders of a legislative or Eudicial body or aninterruption of its proceedings by disorderlybehavior or insolent language in its presence or sonear thereto as to disturb its proceedings or toimpair the respect due to such a body+ n itsrestricted and more usual sense, contemptcomprehends a despising of the authority, Eustice,or dignity of a court+ !here are t"o


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"riting has been 0led, and an opportunity given tothe respondent to comment thereon "ithin suchperiod as may be 0ed by the court and to beheard by himself or counsel, a person guilty of anyof the follo"ing acts may be punished for indirectcontemptG

8"'(8 7) ( ($7"7&(87?(!(7)


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custody pending such proceedings+A


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THE COURT OF ITSJURISDICTION OVER THECUSTODY OF THE ACCUSED4

15. ith respect to the issuance of the said>Commitment .rderA "hich "as used as the basisof the Police ./cers for turning the custody of theaccused before the Bureau of mmigration, it isrespectfully submitted that the same is not inaccordance "ith B# .perations .rder 6o+ ;B52&'$*2'* dated ;eptember &(, &'$* other"iseno"n as the >Manual of Operation for rocessing

Arrested!Intercepted "oreignersA+ Copy of the said

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

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

#Se#t$%& 9. T'&%*e t% t+e I -ae&/0

a#$l$t22 7fter the conduct of the in-uest

investigation and the ;pecial Prosecutor deems

the necessity of 0ling a Charge ;heet or afterre-uesting for a regular preliminary investigation,

the C; shall turn2over the foreignerIs custody to

the arden, B ardenIs :acility

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determination based on available and veri0able

civilian, immigration, la" enforcement, or military

intelligence report that a foreigner has committed,

is actually committing or is about to commit aviolation of immigration la"s, or any of the

Philippine la"s, rules and regulations, "hich may

constitute grounds for deportation, the

Commissioner, or in his absence, the 7cting

Commissioner, in the interest of national security,

public health, public safety andJor national

interests, #%@ "'';( % M"''")$ O!8(! 8"!(67"$>

%%"$'7 7?(

9)!(">$(! 6)$6(!$(8, 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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%7")$ :%' 6)$8;67(8 '"$6( 7?(!( :%'(B($ $)

>Se#t$%& . S'5$00$%& %3 -$tte& Re6'e0t

3%5 Ot+e La7 E&3%#e5e&t Ae$e0 2 Da"

enforcement agencies seeing assistance for a

Eoint2operation "ith the B may 0le a "ritten

re-uest containing the follo"ing

&%: ($9)!6(#($7 %>($6"(' (6(8%$>(! 7)


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temporary release of the accused but 7?( &%77(!7)>(7?(! :"7? )7?(! .rder of ReleaseA issued by theHonorable Court and their refusal to recognize andreceive a copy of the same also constitutes aviolation and should constitute contempt of Court+:urthermore, no proper accountability as to theturn over of the accused "as made since theundersigned never received the entries as

mandated under ;ection $'+ 5ere copies, muchless Kero copies of the faed >Commitment.rderA together "ith the Charge ;heet "as onlyfurnished+

+


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2. !hus, based on the follo"ing, the continueddetention of the accused despite the eistence ofan .rder of Release constitutes a patent violationof the accused constitutional right to bail and to betemporarily released pending the resolution of thecase before the Honorable Court+

2+. 5ore importantly, the refusal of the hereinPolice ./cers to release the accused on#ecember &9, &'$( despite the eistence of the.rder of Release is a deliberate disrespect of thela"ful orders of the Court and thus, they should becited for contempt+

0. !hat for epedient resolution of the issuesraised herein, early resolution of the instantpetition has become glaringly eigent+

1. !hat this petition is intended for for thepurposes alluded thereto+

PRAYER

HEREFORE, foregoing premises considered, it ismost respectfully prayed of this Honorable Court that theinstant petition be granted and #R?C! the ;tationCommander of QCP# ;tation $' P;P!+ Pedro !+ ;anchezincluding Police ./cers ;P.% 4orge Lillanueva, P.&

4uvencio Battung, P.$ Deonard Laliente and P.$ 4imbeam:ernandez "ho turned over the custody of the accusedbefore the Bureau of mmigration #etention Center CampBagong #i"a, Bicutan, !aguig City to ;H. C7;? "hy

they should not be cited for contempt and thereafter ifevidence "arrants, to declare them 3D!M .: C.6!?5P!of Court+

.ther Eust and e-uitable reliefs are lie"ise prayedunder the premises+

Quezon City, Philippines this (thday of 4anuary &'$

Respectfully submitted+

ATTY. JAIRUS . RUIO

Counsel for the 7ccused Roll 6o+ *@'$ *J&9J$(

BP 6o+ $''(* 5CD? ?empt

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Dot * Bl * Crest"ood;ubdivision,

Brgy+ ;an Duis, 7ntipolo, Rizal

NOTICE OF HEARING

!he Honorable Branch Cler of CourtRegional !rial Court Branch @8

ALESSANDRO D. JURADO7ssistant City Prosecutor

#epartment of 4usticeQuezon City

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

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

3reetingsN

Please tae notice that on OOOOOOOOOOOOOOOO at 8%'oIcloc in the morning, undersigned counsel "ill submit theforegoing 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+

ATTY. JAIRUS . RUIO

Counsel for the 7ccused

Copy furnished "ith eplanation

ALESSANDRO D. JURADO7ssistant City Prosecutor

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#epartment of 4usticeQuezon City

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

ARVIN CESAR G. SANTOSChief, Degal #ivisionBureau of mmigration5agallanes #rive, ntramuros

$''& 5anila

Mour Honor, copy of this Petition is sent to the other partythrough registered mail due to distance and lac ofpersonnel to e1ect personal service+ !han you+

ATTY. JAIRUS .RUIO

Counsel forthe 7ccused

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petition to cite in contempt varga rtc

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