REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

SECOND JUDICIAL REGION
Branch 19
Cauayan City, Isabela

PEOPLE OF THE PHILIPPINES,

Plaintiff,

- Versus - Criminal Case No. Br. 12-235641

For: ESTAFA

JUAN DELA CRUZ,

Accused.
X----------------------------------------X

REPLY
(To Comment/Opposition)

Accused, by counsel and unto this Honorable Court most respectfully

state:

1. Accused Juan Dela Cruz received a copy of the

Comment/Opposition on April 10, 2019, hence, this Reply is filed within the
reglementary period;

2. At the outset, plaintiff’s position is that both the accused filing

of Motion to Quash effectively made them relinquish their right to Preliminary
Investigation;

3. Contrary to plaintiff’s allegations, the Rules1 provides that, viz:

"After the filing of the complaint or information in

court without a preliminary investigation, the
accused may, within five (5) days from the time he
learns of its filing, ask for a preliminary
investigation with the same right to adduce
evidence in his defense as provided in this Rule."

Furthermore, as held in the case Lumanlaw y Bulinao v. Peralta, Jr.,

viz:
1
Section 7, par 3, Rule 112
 “Verily, petitioner's request for a preliminary
investigation before arraignment was well-
advised, in view of the rule that failure to do so
would constitute a waiver of the right.2 Thus, it has
been held that though the conduct of a preliminary
investigation may hold back the progress of a case,
such investigation is necessary so that the
defendant's right will not be compromised or
sacrificed at the altar of expediency.3"

4. From the foregoing, it is not erroneous for the accused to raise as

a matter of right that a preliminary investigation be conducted before
arraignment. Filing by the accused of a Motion to Quash is not tantamount to
them waiving such right. Furthermore, should the accused belatedly raised
such right before arraignment, accused could no longer raise the same as then
their failure to do so is as effective as waiving their right.

Service by Post

A copy of this Reply to Comment/Opposition cannot be personally

served upon the other parties, due to distance of the offices involved, which
makes personal service impractical and inefficient.

RELIEF

WHEREFORE, it is respectfully prayed of this Honorable Court that a

Preliminary Investigation in favor of the Accused be ordered by the Honorable
Court.

Other relief just and equitable under the premised are likewise prayed
for.

2
People v. Cubcubin, 413 Phil 249, July 10, 2001; Yusop v. Sandiganbayan, 352 SCRA 587, February 22,
2001 (citing Go v. CA, 206 SCRA 138, February 11, 1992).
3
Matalam v. Second Division Sandiganbayan, G.R. No. 165751, April 12, 2005
 Ilagan City for Cauayan City, _____April 2019.

ATTY. SO AND SO
Counsel for the Oppositors
Address
PTR
MCLE
IBP
Roll

Copy Furnished:

Office of the City Prosecutor

3rd Floor, Old Dormitory Building
Burgos Street, District II
Cauayan City, Isabela