REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL
IUDICIAL
REGION
QUEZON
CITY
REGIONAL TRIAL COURT
BRANCH 227
Proptu oF THE PHIUPPINES,
Plaintiff
,
i s. \
ti:t
iiti
l! ri
ilii
M
-
versus
-
D.tru ANnar "LJNsAY"
Aurarueu
jR.,
ET AL.,
Criminal Cases Nos.
Q-09-162148
to 72
Q-09-162216
to 31
Q-10-162652
to 66
Q-l0-163766
GL-Q-12-L78638
Accused.
x-
-
-
-
-
-
x
MANIFESTATION
-
with
-
NOTICE ON PRESENTATION OF CHrLD WTTNESS
-
and-
OMNIBUS MOTION:
rOR CTARIFICATION
-
and-
To ENsunr CoUpLIANCE wrrH THE RULE oN
ExaprrNa,TIoN or Crurn WIrNEss
Accused Zl^toy Uy AnapATUAN (hereinafter "Zaldy"),
by
counsel, to this Honorable Court, hereby respectfully states:
IEZON frIl'Y
ffi[fu**r#
fiY: ilLN
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l
1. On 22 August 2014, Zaldy, by counsel, received a
copy of the Manifestation also dated 22 August 2014, filed by
Arry. Nrlse A. Saxros, counsel for private complainants, where
she "requires that the defense
[counsel]
inform the prosecution,
both public and private prosecutors, the names of their
witnesses to be presented and copy furnished
[sic]
them the
documents to be identified by the witnesses, if any, at least five
(5) days before the scheduled hearing."
2. Zaldy respectfully submits, with all due respect to
the prosecution, however, that the Manifestation dated 22
August 2A14 is procedurally defective because
-
a. first, it does not bear the conformity of the
public prosecutors, who have control and supervision
over the prosecution of the consolidated criminal
cases at Bar;
b. second, considering that the Manifestation
dated 22 August 20-1.4 includes, at least implie dly, a
prayer for relief
-in
this case, requiring the defense
to provide the prosecution with the names of
witnesses and the list of documents to be identified
by the witnesses-Atty. Santos should have filed an
appropriate motion to this effect, in compliance with
procedural rules governing motions; and
c. third, assuming the Manifeststion is
procedurally permissible to effect the granting of the
relief aforementioned, it is the court
-
not Atty.
Santos
-
that has the power to direct the defense to
provide the information sought in the Manifestation.
3. Further, procedural
respectfully submits that
-
infirmities aside, Zaldy
a. first, the request by the defense for the
prosecution to provide information on the evidence
to be presented by the prosecution is grounded on
the constitutionally-guaranteed right of Zaldy, as an
accused in the criminal cases at Bar, to compulsory
process, thus:
No person shall be held to answer tor a
criminal offense without due process of law.
I\i(^-:f^-+^+:^- -^.i]L NT^+:^^
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f-r*-:L,.- ilr^+i^- D^
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In ail criminal prosecutions, the accused
shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature
and cause of the accusation against him, to have
a speedy, impartial, an':.d public trial, to meet the'
witnesses
face
to
face,
and to haoe compulsory
process to secure the attenilance of zoitnesses anil
the production of eoidence in his behalf .
F{owever, a{ter arraignment, trial may proceed
notwithstanding the absence of the accused:
Provided, that he has been duly notified and his
failure to appear is unjustifiable. (Emphasis
supplied)
b. second, neither he nor his counsel is
bound by representations and waivers made by his
previous counsel.
4. Moreover, Zaldy is not aware on whether the
prosecution has fully rested its case, consid"ering that, to the
knowledge of undersigned counsel, the prosecution had
subpoenaed additional witnesses who have yet to be cross-
examined by the rest of the accused in the criminal cases at Bar,
considering that they have yet to secure the services of new
counsel.
5. On this point, Zaldy respectfully manifests that he,
through undersigned counsel, intends to cross-examine these
witnesses by the prosecution. Nonetheless, he likewise
respectfully manifests that he is waiving his physical
appearance in the proceedings at Bar in the meantime.
6. Under the circumstances, particularly because
presentation of evidence by the defense might be premature at
this juncture, Zaldy respectfully seeks clarification from this
Honorable Court on whether he is procedurally permitted to
present evidence on 3 September 2A14, at 9:00 AM, despite the
pendency of the prosecution's presentation of evidence,
including the fact that the accused, including Zaldy, have yet to
cross-examine the witnesses of the prosecution.
that,
his
7 - In any event, however, Zaldy respectfully manifests
if so permitted to present evidence, he will be presenting
daughter, Bal Irlonarov M. Auperuaru (hereinafter
"Cookie"), d minor, at the hearing scheduled on 3 September
Manifestation with Notice and Omnibus Motion Paee 3
201,4, at 9:00 AM, andf or at such other date or dates to be
scheduled by this Honorable Court.
8. As a minor, Cookie is covered by the Rule on
Examination of Child Witness.
9. Zaldy, therefore, and to protect the best interests of
the witness, respectfully moves for this Honorable Court to
ensure compliance, not only by personnel of this Honorable
Court, but by all parties hereto, including the prosecution, with
the provisions of the RuIe on Exsmination of Child Witness,
including Sections 11 (on Support Percons), 12 (an Waiting Area
for
ChildWitnesses), and 13 (on Courtroaru Enuironment).
PRAYER
Wherefore, in view of all the foregoing considerations,
Zaldy respectfully prays that this Honorable Court:
a. NoTE the manifestations made herein;
b. cLARTFY the
Zaldy's presentation of
2014, at 9:00 AM;
procedural propriety of
evidence on 3 September
c. ENSURE compliance by the parties hereto,
and by personnel of this Honorable Court, with the
Rule on Exsmination of ChildWitness.
Zaldy likewise prays for other just and equitable reliefs.
Respectf ully submitted.
Pasig City for
Quezon
City, 29 August 201,4.
l\fenifcctatinr r^zilhl\Tnfino enr{ f)mnikrrc l\rfnlina It,ca L
By,
PTR
HEFFRON ESGUERRA DY & DE
}ESUS
Counsel
for
Accused Zaldy Uy Ampatuan
221"0, 22
/
F
,
Tycoon Centre, Pearl Drive
Ortigas Center 1605, Pasig City
Metropolitan Manila
Republic of the Philippines
Telefax: (63 2) 91.0 4893
Email: info@HEDJLaw.com
Jre,, lW
IAMES
KEITH C.,HEFFRON
Roll No. 46388
IBP Lifetime No. 05500 RSM
No. No. 2AA9758
/
20 February 201.4
/
Mandaluyong
MCLE Certificate of Com iance No. IV-0422288
RRA
'/
30
januEry
201,4
/
RSM
/
4February 2A14
/PasigCity
Compliance No. IY -AA22223
RE R.
}ESUS
PTR No. 42361,31
1
9
January
2A14
/
Makati City
MCLE Certificate of Compliance No. IV-A020674
REQUEST FOR HEARTNG
Crnnx or Counr
Branch 221
Regional Trial Court
Quezon
City, Metropolitan Manila
Greetings! Kindly include the accompanying Omnibus
Motion in the trial calendar of the Honorable Court for 2
September 2A\4, at 8:30 AM, during which undersigned counsel
shall submit the matters contained therein for the consideration
and resolution of the Honorable Court.
P No. 952
No. 98598
Manifestation with Notice and Omnibus Motion Pase 5
DE
IESU$
HEARING NOTICE OF
Paxsl or PnosECUToRs
Department of
Justice
Padre Faura Street, Ermita
Manila
Arrv. NEua A. SaNros
Door 15, Acepal Building
Koronadal City, South Cotabato
santoslawoffice@ gmail. com
Greetings! Kindly take notice that undersigned counsel has
requested the Branch Clerk of the Honorable Court to include
the accompanying Ornnibus Motion in the trial calendar of the
Honorable Court for 2 September 2A1".4, at 8:30 AM, during
which undersigned counsel shall submit the matters contained
therein for the consideration and resolution of the Honorable
Court.
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furnished:
PaNnr or PRosECUToRs
Department of
|ustice
Padre Faura Street, Ermita
Manila
Arrv. NrNa A. SaNros
Door L5, Acepal Building
Koronadal City, South Cotabato
santoslawoffice@ gmail. com
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EXPLANATION AS TO SERVICE AND
FILING OF PLEADING
(To be disregarded if effected personally)
Copies hereof intended for the other parties and this
Honorable Court were served and filed, respectively, via
registered mail, personal service and filing being impracticable
due to lack of material time.