Motion For The Conduct of Videocon Hearing August 19 - PP Vs Hortelano

Republic of the Philippines
REGIONAL TRIAL COURT

7th Judicial Region
Branch 29
Toledo City
PEOPLE OF THE PHILIPPINES,

Plaintiff,
- versus - Crim. Case No. TCS-13645

For: Child Abuse in relation
to R.A. 7610
DINDO HORTELANO,
Accused.
X---------------------------------------------------------------------------------X
MOTION TO CONDUCT/SET SCHEDULED HEARINGS

THROUGH VIDEO CONFERENCING
PRIVATE COMPLAINANT, through counsel, unto this Most

Honorable Court, most respectfully avers, AS FOLLOWS:
1. That the above-mentioned case is set for the presentation of

private complainant’s first witness on 19 August 2021 at 8:30
o’clock in the morning;
2. That the undersigned intends to present Marites Rosario, the

mother of the private complainant-child, on said date;
3. The undersigned is currently residing at Mandaue City, with

her senior parents. Beginning 01 August 2021, she decided to
temporarily close her Cebu City law office with the rising cases
of COVID-19 in Cebu City and likewise in Mandaue City in
order to limit being exposed to the virus considering that she is
living with elderly parents with comorbidities. The current
numbers of positive cases in both cities are alarming. In fact,
both are subjected under Modified Enhanced Community
Quarantine (MECQ) for more than two (2) weeks, and which
was further extended for another two (2) weeks;
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4. On the other hand, supposed witness, Marites Rosario, is
currently residing in Balamban, Cebu. She is also living with
her minor children, including private complainant-child;
5. Nonetheless, with respect to the rule on the speedy

disposition of cases, petitioner and witness do not want to delay
the proceedings of this Honorable Court and seek for the
furtherance of this case;
6. However, because of the existing public health emergency

and the surge in cases due to the new Delta variant, the
undersigned humbly requests that she be allowed to present
her witness through video conferencing and that all succeeding
hearings be conducted in the same manner;
7. The undersigned and the intended witness would want to

prevent exposing this Honorable Court and its staff to exposure
from an individual who resides and is from a jurisdiction with
alarming cases of COVID-19. In the same manner, the
undersigned and the witness would want to prevent being
exposed to numerous people when they would return to
households comprised of elderly with comorbidities and
children, respectively;
8. In view of the foregoing, the private complainant and the

undersigned respectfully pray that the scheduled hearing on 19
August 2021 at 8:30 o’clock in the morning and all succeeding
hearings be conducted through video-conferencing which is
authorized under OCA 161-2020;
9. For purposes of said request, the witness and the

undersigned’s email address is: i_am_tiffany22@yahoo.com;
10. During witness’ presentation, she shall testify, among

others, (1) she is the mother of the private complainant-child,
(2) that she was at their house which was the place of incident
on 14 February 2017, (3) that she and her family received
threats from the accused after the incident, (4) that after the
criminal acts committed by the accused toward her son, the
private-complainant child immediately reported to her, (5)
that her son was traumatized and still fears for his life even
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until now because of what the accused did, (6) that she had
reported to the proper authorities the incident and helped her
son file the necessary complaints, (7) that she had witnessed
the negative effects of the abuse committed by the accused
toward the private complainant-child, etc.;
11. The undersigned seeks the understanding of this Honorable

Court and respectfully asks that the request prayed for be
granted;
12. Finally, this instant motion is meritorious, filed in utmost

good faith and without the slightest intention to deliberately
delay the proceedings in this case.
PRAYER
WHEREFORE, in light of the foregoing and in the highest

interest of justice and equity, it is most respectfully prayed of this
Honorable Court that the scheduled presentation of private
complainant’s first witness on 19 August 2021 at 8:30 o’clock in
the morning be conducted through video conferencing and
that all other subsequent hearings be conducted in the
same manner.
Other relief, just and equitable under the premises, are likewise
prayed for.
15 August 2021 (for Toledo City).
NEUMERAN JAYMA & ASSOCIATES

Counsel for the Private Complainant
Suite 312-A, WDC Bldg., Osmeña Blvd., Cebu City
TIFFANY L. TUÑACAO
Attorney’s Roll No. 65185
IBP No. AR7736444, 01/12/2021 Cebu City
PTR No. 695997, 01/12/2021 Cebu Province
MCLE Compliance Certificate No. VI-0014455, 19 October 2018
Cellphone Number: (63) 998-5571-854
Email addresses: i_am_tiffany22@yahoo.com
attytiffanytunacao@gmail.com
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REQUEST FOR/NOTICE OF HEARING
THE BRANCH CLERK OF COURT- RTC Branch 29, Toledo City, Cebu
ATTY. JOHN ISMAEL BORGNIA
HONORABLE PUBLIC PROSECUTOR
Please submit the foregoing motion immediately upon receipt thereof for
consideration and approval by the Honorable Court on 16 August 2021 without
further arguments and appearance of counsel. Thank you.
Tiffany L. Tuñacao
COPY FURNISHED AND EXPLANATION:
Honorable Public Prosecutor

Emailed on: 16 August 2021
Atty. John Ismael Borgonia - Counsel for the Accused

Emailed on: 16 August 2021
Copies of this Motion was emailed to the above-mentioned parties due to time
constraints and lack of personnel to conduct personal service.
Tiffany L. Tuñacao
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Republic of the Philippines

REGIONAL TRIAL COURT

PEOPLE OF THE PHILIPPINES,

- versus - Crim. Case No. TCS-13645

MOTION TO CONDUCT/SET SCHEDULED HEARINGS

PRIVATE COMPLAINANT, through counsel, unto this Most

1. That the above-mentioned case is set for the presentation of

2. That the undersigned intends to present Marites Rosario, the

3. The undersigned is currently residing at Mandaue City, with

5. Nonetheless, with respect to the rule on the speedy

6. However, because of the existing public health emergency

7. The undersigned and the intended witness would want to

8. In view of the foregoing, the private complainant and the

9. For purposes of said request, the witness and the

10. During witness’ presentation, she shall testify, among

11. The undersigned seeks the understanding of this Honorable

12. Finally, this instant motion is meritorious, filed in utmost

WHEREFORE, in light of the foregoing and in the highest

15 August 2021 (for Toledo City).

NEUMERAN JAYMA & ASSOCIATES

COPY FURNISHED AND EXPLANATION:

Honorable Public Prosecutor

Atty. John Ismael Borgonia - Counsel for the Accused

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