Republic of the Philippines

REGIONAL TRIAL COURT

9th Judicial Region
Branch 1
Calamba, Misamis Occidental

PEOPLE OF THE PHILIPPINES CRIM. CASE NO. 1649, 1650,

Plaintiffs, 1651, 1652, 1653,
1654, 1655 and
16566
-versus-
ROWENA CULANAG DELOS REYES FOR: QUALIFIED THEFT
And CELESTE MAKINTURA FLORA
Defendant,
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EX-PARTE MOTION
(TO EXPEDITE THE FORWARDING OF THE CASE
TO A PROPER COURT)

COMES NOW the Defendant, RURAL BANK OF RIZAL, Inc. (herein,

Bank), through the undersigned counsel, appearing especially for this
purpose, and to this most Honorable Court, most respectfully moves that the
court expedite it’s order to forward the case to the Executive Judge for its
proper disposition and to have such case assigned to the appropriate
Regional Trial Court Branch for the recommencement of the case, at the
earliest possible time.

DISCUSSION

1. An Order form the distinguished acting judge of this court – Judge

Cherry Joy C. Concha-Ageas – was issued on September 17, 2018
that manifested her voluntary recusion from handling the above-
captioned cases on the ground of close blood relations with the
President of the Private Complainant Bank (Rizal Rural Bank, through
Atty. Albert T. Concha Jr.).

2. However, such order was only received by herein counsel on

December 12, 2018 and noting the year-end holidays for the Judiciary,
the herein counsel has promptly filed this motion.

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 3. Upon inquiry with the Acting Clerk of Court of this most honorable
Court, it appears that there has been no communiqué, order or
resolution that would effectuate the immediate and expeditious
forwarding of the case to the Executive Judge or to the Supreme
Court, whichever is proper, so as to have the case be docketed and
finally heard by a court.

4. It is an opportune time to highlight that the herein private complainant

had filed the formal complaints against accused in August 2011 – over
eight (8) years now.

5. This motion is filed with utmost respect to the court and with honest
belief that there is no other recourse other than to file this motion to
preserve the rights of the herein Private Complainant.

PRAYER

WHEREFORE, it is respectfully prayed that the Most Honorable Court

direct its Clerk of Court to forward the above-captioned case to the proper
governing body – be it the Executive Judge of this courts Jurisdiction or the
Supreme Court – with whomever the court deems proper, and to do so
expeditiously and without unwarranted delay.

Other reliefs just and equitable are likewise prayed for.

Dipolog City, Philippines, January 8, 2019.

Diana Charlette G. Concha

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

RTC - Calamba
Calamba, Misamis Occidental

Greetings!

Kindly submit the foregoing motion for consideration and approval of

this Honorable Court immediately upon receipt hereof without further
argument.

Diana Charlette G. Concha

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