REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 282, VALENZUELA CITY

PEOPLE OF THE PHILIPPINES,

-versus- CRIM. CASE NO. 1066-V-19

For: Robbery under Art. 294 (5) of
DIANNE D. FLORMATA and the Revised Penal code
LORENA DIO aka TITA PUSING,
Accused.
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MOTION TO SET HEARING

THROUGH VIDEO CONFERENCE

The above-named accused, represented by the Public Attorney’s

Office, unto this Honorable Court, most respectfully avers as follows:

1. On 29 May 2020, Chief Justice Diosdado M. Peralta issued

Administrative Circular No. 41-2020 (Re: Court Operations Beginning
1 June 2020) which states, among others, that the hearings of
cases, regardless of the stage of the trial, shall all be in-court,
except in cases involving Persons Deprived of Liberty (PDLs) who
shall continue to appear remotely from the detention facility, and in
cases with extraordinary circumstances as may be determined by
the justices and judges, which shall be heard through
videoconferencing.

2. Subsequently, the Supreme Court Public Information Office released

an Announcement dated 31 May 2020 in which it said that courts in
areas under general community quarantine may hold hearings in
criminal and civil cases through videoconferencing provided that a
proper motion is filed: “Videoconferencing hearings will continue
during GCQ. This is authorized by both AC 40-2020 and AC 41-2020
which were issued by Chief Justice Diosdado M. Peralta. Hence, for
example, if a party wishes his/her case to be heard via
videoconferencing, the proper motion just needs to be filed, and the
court, using its sound discretion, can either grant or deny the
motion. This remedy is available in both civil and criminal
cases.”

3. The instant case is set for the cross-examination of accused Diane

D. Flormata. After her testimony is terminated, the defense will still
present accused Lorena Dio alias Tita Pusing, Mikee Flormata and
Sarali Casinillo. Except for accused Lorena Dio, all of them reside in
the same place (No. 06 Capitis Compound, Veinte Reales Valenzuela
 City), albeit the former’s residence is proximate to that of the
Flormata family. Accused Diane D. Flormata informed the
undersigned public attorney that their house is equipped with
Converge Fiber internet connection and that she already installed
Microsoft Outlook and Microsoft Teams application on her mobile
phone. In this regard, in order to safeguard all the parties and their
counsel as well as the judge and the court staff against the risk of
possible COVID-19 infection, the defense humbly implores the
Honorable Court to set the hearing of the above-captioned case
through video conferencing in lieu of an in-court hearing. Accused
Diane D. Flormata and Lorena Dio, as well as their witnesses, will
participate in the video conference by using Diane D. Flormata’s
mobile phone. The invitation for the video conference may be sent
by the Honorable Court to accused Diane D. Flormata’s e-mail
address, that is, dianeflormata100712@gmail.com.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that

this motion be granted.

Other relief and remedies, just and equitable, are likewise prayed
for.

Valenzuela City, 8 June 2020.

PUBLIC ATTORNEY’S OFFICE

VALENZUELA DISTRICT OFFICE
1 Floor, Metropolitan Trial Court Bldg.
st

Justice Hall Compound, C.J. Santos St., Poblacion II,

Malinta, Valenzuela City

Through:

ATTY. RAFAEL D. PANGILINAN

Public Attorney II
Roll No. 64684
IBP OR No. 035862 dated 8/1/18 / CALMANA
MCLE Compliance No. VI - 0006876 dated 3/20/18

Copy furnished:
ACP Aileen S. Agacita
Office of the City Prosecutor
Valenzuela City