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Sample Motion for Re-Raffle



REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
MUNICIPAL TRIAL COURT IN CITIES
CEBU CITY
BRANCH 61

PEOPLE OF THE PHILIPPINES,

vs.Crim. Case No. 123456
 For: RECKLESS IMPRUDENCE
 RESULTING IN DAMAGE TO PROPERTY
AKU SADO,
Accused,
X----------------------------------------X


MOTION FOR RE-RAFFLE


PRIVATE COMPLAINANT Jose De Juan, through the undersigned counsel, respectfully states that:

1.  Private complainant was informed that this case will no longer be heard by Hon. Presiding Judge Mario De Pedro but by the Hon. Pairing Judge Ana Dela Cruz of Branch 63.

2.  However, this case was originally raffled to Branch 63 presided by Hon. Dela Cruz and was re-raffled to this branch after the Judicial Dispute Resolution failed

3.   Considering that Hon. Dela Cruz had previously heard private complainant's side during the JDR, the Consolidated and Revised Guideline on JDR disqualifies her from further trying this case. 

4.  Consequently, private complainant respectfully submits that this case ought to be immediately referred to the Office of the Clerk of Court for re-raffling to another branch of this court.

WHEREFORE, it is respectfully prayed that this case immediately be referred to the Office of the Clerk of Court for re-raffling. 

Other just and equitable remedies are likewise prayed for.

               (place)                ,          (date)       .



ATTY. APRIL AGOSTO
Counsel for the Accused
19 Gorordo Ave., Lahug, Cebu City 
Roll No. 666777
IBP No. 222222/ 1-03-2016/Cebu City
PTR No. 111111/ 1-03-2016/Cebu City
MCLE Compliance No. IV-555566


With my conformity:


PROSECUTOR MARIEL ROVERA
Office of the City Prosecutor, Cebu City


NOTICE OF HEARING


THE BRANCH CLERK OF COURT
Municipal Trial Court in Cities, Branch 61
Cebu City

PROSECUTOR MARIEL ROVERA
Office of the City Prosecutor, Cebu City
       
ATTY. RAUL DE PEDRO
Private Prosecutor
1234 Lopez Jaena Street, Cebu City


Please be notified that the undersigned will submit the foregoing motion for the consideration and approval of the Court on _________________ at ______________.



ATTY. APRIL AGOSTO
Counsel for the Accused



Copy furnished by personal service:

PROSECUTOR MARIEL ROVERA
Office of the City Prosecutor, Cebu City
     
ATTY. RAUL DE PEDRO
Private Prosecutor
1234 Lopez Jaena Street, Cebu City


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