Republic of the Philippines

Municipal Trial Court in Cities

11th Judicial Region, Branch 6
Davao City

PEOPLE OF THE Crim. Case No.:

PHILIPPINES, R-DVO-19-00994-PR
Plaintiff,

-versus- For:
SERIOUS PHYSICAL INJURY
LEO B. ESCALANTE JR.,
Respondent.
x--------------------------------------x

MANIFESTATION WITH VERY URGENT MOTION

TO HOLD IN ABEYANCE PROCEEDINGS

COMES NOW, Private Complainant, unto this Honorable Court,

most respectfully manifests and moves that:

1. The Private Complainant, Jack Anino, received a copy of the

Resolution dated February 13, 2020 issued by Senior Assistant City
Prosecutor Rody Duterti last February 24, 2020.

2. Attached to the said Resolution is a Motion dated February 13,

2020 addressed to this Honorable Court for the Withdrawal of the
Information filed against herein accused, Leo B. Escalante Jr..

3. Private Complainant respectfully manifests that he intends to

file a Motion for Reconsideration of the Resolution dated February 13, 2020
within fifteen (15) days from its receipt. Private Complainant has until
February 28, 2020 within which to file his Motion for Reconsideration.

4. In lieu of Private Complainant’s intention to file a motion for

the reconsideration of the subject resolution, Private Complainant, therefore,
respectfully moves for this Honorable Court to hold in abeyance proceedings
for the Resolution of Motion to Withdraw Information filed by the City
Prosecutor pending resolution of the motion to be filed by the Private
Complainant.

5. This manifestation and motion is not interposed for delay but is

solely grounded on the foregoing.

WHEREFORE, premises considered, it is most respectfully prayed

for that the proceedings for resolution of the Motion to Withdraw
Information be held in abeyance to give way to the right of Mr. Jack Anino
to file his Motion for Reconsideration assailing the Resolution dated
February 13, 2020 of the Office of the City Prosecutor. Other reliefs and
remedies just and equitable are likewise prayed for.

RESPECTFULLY SUBMITTED.

Davao City, March 14, 2020.

(SGD) JACK ANINO

Private Complainant

NOTICE OF HEARING

Atty. Salvador Pandesal

The Branch Clerk of Court
MTCC - Branch 6, Davao City

Sir/Madam:

Immediately upon receipt hereof, please submit the foregoing to the

attention of the Honorable Court for its kind consideration and approval. It is
further requested that the foregoing motion be deemed as submitted for
resolution without need of setting the same for a hearing due to its non-
litigious nature.

Thank you very much.

(SGD) JACK ANINO

COPY FURNISHED:
Rody Duterti Personal Service
Senior Assistant City Prosecutor
OFFICE OF THE CITY PROSECUTOR

Julie Escalante Davao City Post Office

No. 5 Pine Subd., Davao City Registry Receipt No. PY21394
Date: March 4, 2020

EXPLANATION
(please disregard if served by personal service)

Due to lack of available office/messengerial personnel, and time

constraints, service by registered mail of this motion on the other parties
aforementioned were resorted to.
(SGD) JACK ANINO