REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT

BRANCH 40, QUEZON CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff,

CRIM. CASE NO. 1111

-versus- For: Falsification of Public

Document

DANIELA MONDRAGON-BARTOLOME

Accused.

x------------------------------------------x

MOTION FOR VOLUNTARY INHIBITION

COMES NOW, the undersigned Private Prosecutor, under the direct control and supervision of the Public
Prosecutor and unto this Honorable Court, most respectfully states:

1. At the outset, the undersigned Private Prosecutor would like to affirm its utmost faith and confidence in
the competence and impartiality of the Honorable Presiding Judge. As a member of the legal profession, the
undersigned Private Prosecutor is aware of the careful deliberation involved in the disposition of cases by the
courts, mindful that they are duty-bound, above all else, to uphold the interests of justice. And it is by traversing a
shaky tightrope of competing rights and interests that they must do so.

2. On the part of the private complainants, however, the overly protracted proceedings that have attended
this case have fostered great disillusionment and cynism with regard to their pursuit of justice.

3. Considering that it has already been more than 15 long years since the Information against the accused
was filed on 27 June 2003 the private complainants, despite protestations from the Private Prosecutor, cannot
help but perceive that this Honorable Court has proven to be unduly prone to accommodate the myriad dilatory
maneuvers of the counsel for the Accused.
4. For the foregoing reasons and to restore the private complainants’ faith and confidence in the courts, the
undersigned Private Prosecutor respectfully and with the heaviest of hearts moves that the Honorable Presiding
Judge voluntarily inhibit himself from further trying this case based on the second paragraph of Section 1, Rule 137
of the Rules of Court, which provides:

“Section 1. Disqualification of judges. — No judge or judicial officer shall sit in any case in which he, or his
wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is related to
either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree,
computed according to the rules of the civil law, or in which he has been executor, administrator,
guardian, trustee or counsel, or in which he has been presided in any inferior court when his ruling or
decision is the subject of review, without the written consent of all parties in interest, signed by them and
entered upon the record.

A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or
valid reasons other than those mentioned above.”

5. This move is also predicated on Article III, Section 16 of the 1987 Constitution which entitles not only the
Accused, but also herein Plaintiff, to a “speedy disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.”

PRAYER

WHEREFORE, premises considered, the Private Prosecutor respectfully prays that an Order be issued
granting this motion for the Honorable Presiding Judge, Romina Andrada-Mondragon, to voluntarily inhibit himself
from further trying Criminal Case No. 00-108992, titled People of the Philippines vs. Daniela Mondragon-Bartolome
and causing the re-raffling of the said case to another branch of the Honorable Court.

RESPECTFULLY SUBMITTED.

Quezon City, 24 September 2018.

KADENANG GINTO LAW OFFICE

173-E Scout Fuentebella Ext.

Sacred Heart, Quezon City, 1103

Tel. Nos. 4141464 / 3554547

Email Address: kadenanggntolawoffice@gmail.com

 By:

ROSSANA ANDRADA

Roll No. 46372

IBP Lifetime No. 886729 / 01-25-12 / Romblon PTR No.

0569687C / 01-05-15 / Q.C.

MCLE Compliance No. IV-0015932 April 8, 2016

SAVANNAH ROSALES

Roll No. 64966

IBP No. 1007298 / 04-17-15 /Quezon City

PTR No. 1579999 / 07-13-15 / QC

Admitted to the Bar 2017

MCLE not yet required

ALVIN DOMINGO

Roll No. 64454

IBP No. 1006823 / 04-08-15 / Occ. Mindoro PTR No.

1353494C / 05-19 15 / Q.C.

Admitted to the Bar 2016 MCLE not yet required

Notice of Hearing and copy furnished:

OFFICE OF THE CITY PROSECUTOR Quezon City

M.A. AGUINALDO & ASSOCIATES

Unit 709 Royal Plaza Towers

648 Remedios Street

Malate, Manila

Greetings!

Please take notice that the undersigned counsel will submit the foregoing Motion for Inhibition for the
consideration of this Honorable Court on Tuesday, 29 September 2018 at 8:30 in the morning in the place where
the Honorable Court sits.

ROSSANA ANDRADA