Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

7th Judicial Region
Branch 12, Cebu City

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. M-CEB-20-

Plaintiffs, 02225-CR

-versus-
FOR: LIGHT ORAL
LEUNAM JUARIO CODILLA DEFAMATION
Accused.
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MOTION TO DISMISS
Accused, Leunam Juario Codilla, through undersigned counsel,
respectfully states that:

1. The above captioned case is governed by the Revised Rules on

Summary Procedure.

2. Section 18 of the Revised Rules on Summary Procedure states

that:

Sec.  18.  Referral to Lupon. — Cases requiring referral to the

Lupon for conciliation under the provisions of Presidential
Decree No. 1508 where there is no showing of compliance
with such requirement, shall be dismissed without prejudice
and may be revived only after such requirement shall have
been complied with (emphasis added). This provision shall not
apply to criminal cases where the accused was arrested without
a warrant.;

3. Section 408 of R.A. 7610 or the Locak Government Code which

repealed P.D. 1508 provides that:

Section 408. Subject Matter for Amicable Settlement;

Exception Thereto. - The lupon of each barangay shall have
authority to bring together the parties actually residing in the
same city or municipality for amicable settlement of all
disputes x x x
(emphasis added);

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 4. Complainant Josephine Cahulogan Ruiz is a resident of Sitio
Bayong, Brgy. Tisa, Cebu City while accused Leunam Juario
Codilla is also a resident of Sitio Bayong, Brgy. Tisa, Cebu City;

5. Clearly, the above captioned case is one of those required by

law to first be referred to the Lupon for conciliation before the
case be filed in court;

6. After a thorough review of the records of this case, there was

nothing therein which would indicate prior referral to the
Lupon as required under the Revised Rules on Summary
Procedure;

7. In view of the failure to refer this case to the Lupon for

conciliation, it is only proper to have this case dismissed.

WHEREFORE, premises considered, it is respectfully prayed of

this Honorable Court that the case against the accused be dismissed
for failure to comply with the barangay conciliation proceedings as
mentioned in Sec. 18 of the Revised Rules on Summary Procedure.

Other just and equitable reliefs are likewise prayed for.

May 26, 2020, Cebu City, Philippines.

P.B. LABRADO AND PARTNERS LAW OFFICE

Counsel for the Accused
Room 202, 2nd Floor, Aniceta Bldg.,
Osmena Blvd., Cebu City
Tel. No. (032) 4053099

By:

MARC CHRISTIAN H. TANGPUZ

Roll of Attorneys No. 72435
PTR No. 502224; Cebu Province, January 10, 2020
IBP No. AR43284160; Cebu Province, January 10, 2020
MCLE Compliance No. VII-0001477 valid until April 14, 2025
Room 202, Aniceta Bldg. Osmena Blvd., Cebu City
Cell No. 0939 397 6604
marcchristiantangpuz@gmail.com

REQUEST FOR HEARING

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HON. BRANCH CLERK OF COURT
MTCC Branch 12 – Cebu City
Cebu City Hall of Justice
Qimonda Bldg., North Reclamation Area
Cebu, Philippines

Greetings! Kindly set the foregoing Motion to Dismiss for the

consideration of this Honorable Court and please set the same for
hearing through videoconferencing on May 29, 2020 at 9:00 o’clock in
the morning, with appearance of counsel and further arguments.
Thank you very much!

MARC CHRISTIAN H. TANGPUZ

NOTICE OF HEARING

HANDLING PUBLIC PROSECUTOR

MTCC Branch 12 – Cebu City
Cebu City Prosecutor’s Office
D.A. Compound. M. Velez Street,
Brgy. Guadalupe, Cebu City

Greeting! Please take notice that the foregoing Motion will be

set for hearing through videoconferencing on May 29, 2020 at 9:00
o’clock in the morning, with appearance of counsel and further
arguments. Thank you very much!

MARC CHRISTIAN H. TANGPUZ

EXPLANATION

Due to distance from the undersigned’s office to that of that

Cebu City Prosecutor’s Office, service was done by electronic mail or
registered mail since the preferred mode of service is costly and
impracticable.

MARC CHRISTIAN H. TANGPUZ

Copy furnished: (By Electronic Service and/or Registry Receipt)

HANDLING PUBLIC PROSECUTOR

MTCC Branch 12 Cebu City
Cebu City Prosecutor’s Office
D.A. Compound. M. Velez Street,
Brgy. Guadalupe, Cebu City
cebucityprosecutionoffice@gmail.com
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Registry Receipt No.: _______________
Mailed on: _______________