Motion Psychiatric Examination (Manuel)

Republic of the Philippines
REGIONAL TRIAL COURT

First Judicial Region
BRANCH ___
Baguio City
THE PEOPLE OF THE

PHILIPPINES,
Plaintiff,
CRIM. CASE No. 42326 R

- versus -
For:
JUAN CARLO DE PERALTA FRUSTRATED HOMICIDE

y MUNAR,
Accused.
x---------------------------------------
-x
MOTION to SUBMIT ACCUSED for PSYCHIATRIC

EXAMINATION
COMES NOW, the Respondent, through the undersigned counsel,

and unto this Honorable Court, most respectfully states that:
On 17 August 2018, a Motion for Reconsideration was filed by

herein respondent challenging the Order issued on 06 August 2018,
awarding to the petitioner temporary custody of the minor Dixie Kate M.
Codamon.
Today, 23 August 2018, the respondent, through the undersigned

counsel, received a copy of the Order dated 22 August 2018, issued by the
Presiding Judge of RTC – Branch 4, Hon. Mia Joy C. Oallares-Cawed,
wherein the records of the instant case are to be forwarded to the Office of
the Clerk of Court to be transferred to the Additional Family Court of
Baguio City for further proceedings.
However, it has been noted that the presiding judge of the

Additional Family Court of Baguio City, Hon. Ivan Kim B. Morales, will
soon be going on leave until sometime in the middle of September.
Considering the foregoing, herein respondent is praying for the

early resolution of the pending incident in relation to the above-entitled
case.
1|Page
As already discussed in the respondent’s Motion for
Reconsideration, the law explicitly confers to the mother, i.e. the
respondent, sole parental authority, including custody, over an
illegitimate child1. To emphasize, the minor involved was born out of
wedlock and is merely five (5) years of age.
In a plethora of cases, the Supreme Court has held that only the
most compelling of reasons, such as the mother’s unfitness to exercise
sole parental authority, shall justify her deprivation of parental authority
and the award of custody to someone else. In the past, the following
grounds have been considered ample justification to deprive a mother of
custody and parental authority: neglect or abandonment, unemployment,
immorality, habitual drunkenness, drug addiction, maltreatment of the
child, insanity and affliction with a communicable disease 2. To be clear,
none of the foregoing grounds have been alleged in the Petition initiating
the above-entitled case.
Hence, the urgency of the resolution of the pending incident cannot

be further stressed, seeing that there is no legal basis for the denial of the
custody of the minor Dixie Kate from herein respondent. Herein
respondent beseeches the Honorable Executive Judge to take immediate
action regarding the matter.
PRAYER
WHEREFORE, premises considered, it is most respectfully

prayed of the Honorable Executive Judge that the Motion for
Reconsideration dated 16 August 2018 be resolved immediately, and that
an Order be issued setting aside the Order dated 06 August 2018, granting
custody of the minor DIXIE KATE M. CODAMON to herein respondent.
Other reliefs, just and equitable, are likewise prayed for.
This 23rd day of August 2018, in the City of Baguio, Philippines.
A B S LAW OFFICES
Suite 305, Laperal Building
1
Article 176, E.O. No. 209, Family Code of the Philippines.
2
Briones vs. Miguel, G.R. No. 156343, 18 October 2004; Sy vs. Court of Appeals, G.R. No. 124518, 27
December 2007; Tonog vs. CA, G.R. No. 122906, 07 February 2002.
2|Page
Session Road, Baguio City
(Tel. No. (074) 442-8243)
By:
JUAN ANTONIO REYES ALBERTO III

PTR No. 3418024/12.20.2017/Baguio City
IBP Life No. 01059/12.20.1996/Baguio City
MCLE V No. 0002889/07.03.2014
Roll No. 35781
NOTICE/REQUEST for SUBPOENA
The EXECUTIVE CLERK of COURT

Regional Trial Court – Baguio City
Justice Hall, Baguio City
Greetings:
Please take notice that on 29 August 2018 at 8:30 a.m., or as soon

thereafter as counsel and the matter may be heard, the undersigned will
submit the foregoing Urgent Motion for Early Resolution for the approval
of the Honorable Court. Also, please issue a subpoena to the petitioner to
appear and bring the minor DIXIE KATE M. CODAMON during the said
hearing.
ATTY. GUILLERMO R. BANDONILL, Jr.

Counsel for the Petitioner
Room 307 Laperal Building
2600 Philippines
Greetings:
3|Page
Please take notice that on 29 August 2018 at 8:30 a.m., or as soon
thereafter as counsel and the matter may be heard, the undersigned will
submit the foregoing Urgent Motion for Early Resolution for the approval
of the Honorable Court.
Copy furnished:
ATTY. GUILLERMO R. BANDONILL, Jr.

Counsel for the Petitioner
Room 307 Laperal Building
2600 Philippines
4|Page

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Republic of the Philippines

REGIONAL TRIAL COURT

THE PEOPLE OF THE

CRIM. CASE No. 42326 R

JUAN CARLO DE PERALTA FRUSTRATED HOMICIDE

MOTION to SUBMIT ACCUSED for PSYCHIATRIC

COMES NOW, the Respondent, through the undersigned counsel,

On 17 August 2018, a Motion for Reconsideration was filed by

Today, 23 August 2018, the respondent, through the undersigned

However, it has been noted that the presiding judge of the

Considering the foregoing, herein respondent is praying for the

Hence, the urgency of the resolution of the pending incident cannot

WHEREFORE, premises considered, it is most respectfully

Other reliefs, just and equitable, are likewise prayed for.

This 23rd day of August 2018, in the City of Baguio, Philippines.

JUAN ANTONIO REYES ALBERTO III

NOTICE/REQUEST for SUBPOENA

The EXECUTIVE CLERK of COURT

Please take notice that on 29 August 2018 at 8:30 a.m., or as soon

JUAN ANTONIO REYES ALBERTO III

ATTY. GUILLERMO R. BANDONILL, Jr.

JUAN ANTONIO REYES ALBERTO III

ATTY. GUILLERMO R. BANDONILL, Jr.

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