Motion For Reinvestigation: People of The Philippines, CRIM CASE. NO. ML-431-2019

Republic of the Philippines
REGIONAL TRIAL COURT OF LANAO DEL SUR

12th Judicial Region
Branch 9
Marawi City
PEOPLE OF THE PHILIPPINES, CRIM CASE. NO. ML-431-2019

Plaintiff,
-versus- For: MURDER
AMENODIN BANTAC MANUBAC,

IBRA BUSRAN MANUBAC, MODER
TAKABOR MANUBAC, USOP BUSRAN
MANUBAC, MONIB BANTAC MANUBAC,
ALIRA DITUAL MANUBAC and
ABDULLAH BUSRAN MANUBAC.
Accused.
x-------------------------------------------------------x
MOTION FOR REINVESTIGATION
Accused Alira Ditual Manubac, with the assistance of the undersigned

Public Attorney, unto this Honorable Court, most respectfully submits this
Motion for Reinvestigation and avers THAT:
1. Accused Alira Ditual Manubac, now known as HADJENAIM

DITUAL MANUBAC (hajj name), is one those impleaded in the
above-captioned case for the crime of Murder;
2. He was arrested for his alleged participation in the killing of one

Acosalem Managantal Dimnatang inside the Mosque of King
Faisal, Brgy. Dimalna, MSU, Marawi City on July 21, 2018,
pertinent paragraph of the Affidavit of Witness Nailia B. Adap
describes as follows:
“Before they could drive away the motorcycle an SUV

approached them whose passengers opened the window
and the unidentified woman who was sitting in front asked
them “NA BA MIYATAY?” in English it means “Did he
die?”, to which the gunman answered, “Oway ka sa ulo
akn tinimbak”, in English it means “Yes coz I shot him in
the head”, in the second seat were Moder Takabor
Manubac, Monib Bantac Manubac and Alira Ditual
Manubac xxx”
Page 1 of 5
3. Accused Alira and his immediate family had since been in
Binanuahan, Municipality of Pilar, Province of Sorsogon since the
year 2011 and it is entirely impossible that he was seen as one of
those on board the SUV as claimed by witness Adap as he was in
Pilar, Sorsogon on the alleged day of shooting;
4. Since March 2011, accused Alira and his family had established
residence in Zone 4, Brgy. Binanuahan, Pilar, Sorsogon, printed
copy of the Barangay Certificate is hereto attached and marked as
Annex “A”, and engaged in the business of public transportation
operating a motorized tricycle, a photocopy of the Mayor’s Permit
is hereto attached and marked as Annex “B”. Accused is also
engaged in the business of selling cellphone accessories as
evinced by hereto attached document, marked as Annex “C” ;
5. Since 2011, accused Alira was able to visit Lanao only for three
times. First, was during a barangay election; second, was when his
father died; and third, was during another barangay election;
6. Accused Alira peacefully lived his simple life in Sorsogon, even on

the alleged fateful day of July 21, 2018. A printed copy of a
Barangay Attestation signed by Brgy. Captain German A.
Lumaban Jr. is hereto attached as Annex “D” attesting to the fact
that Accused Alira was seen in Pilar, Sorsogon on July 21 and 22,
2018, proving as false the witness’ allegation that he was seen
inside the SUV after the shooting incident on July 21, 2018;
7. Other attached documents, collectively marked as Annex “E” will

show that Accused Alira has indeed established residence and
business in Pilar, Sorsogon for many years already;
8. We beseech the Honorable Court to take judicial notice of the fact

that in our locality, warring parties involved in a rido tend to
implicate even innocent lives just to take revenge against the
other;
9. The December 28, 2019 Panel Resolution of the Office of the City
Prosecutor readily shows that they were constrained to resolve the
case ex-parte because the return of subpoena states that they
were not served as respondents could not be located;
10. Accused Alira who is innocent of the crime charged and merely
heard of the shooting incident, had no knowledge that he was
being implicated for the crime of Murder. He only learned that
Page 2 of 5
there was a criminal case filed against him when he was arrested
by policemen on June 11, 2020. While arrested on said date, he
arrived in Marawi Police Station on June 17, 2020 due to the
difficult travel nowadays caused by the present pandemic;
11. Neither was he notified by anyone that a Subpoena was issued

to him, thus he failed to answer the baseless accusation against
him, resulting in the issuance of a Warrant of Arrest against him
and his subsequent arrest by virtue of a Warrant of Arrest in Pilar,
Sorsogon on June 11, 2020;
12. Despite their earnest efforts to secure the legal services of the
Office as soon as they learned of the criminal charge due to the
arrest, the family of accused Alira, who came all the way from
Sorsogon, was able to seek the assistance of the Office only on
July 3, 2020 because of difficulty in securing travel pass. They also
waited for all the documentary evidences to finally arrive here, as
the new normal way caused by the emerging public health
emergency required longer days before mails or cargo arrive;
13. Accused appeals to the Honorable Court that the reglementary

period prescribed by the Rules of Court be relaxed in this case
because of the peculiar circumstances obtaining in this case,
beyond the accused’s control;
14. Settled in our jurisprudence is the rule that adherence to

procedure may be excused in the existence of special or
compelling circumstances and the evident merits of the case
(Baylon v. Fact-finding Intelligence Bureau, etc., et al., G.R. No.
150870, December 11, 2002);
15. Accused Alira believes that had he known of the case against
him and accordingly availed of his right to answer the accusation
against him before the Office of the City Prosecutor, he could have
cleared his name and be dropped from this criminal accusation;
16. He now appeals to the sound discretion of the Honorable Court

that his case be remanded to the Office of the City Prosecutor so
as to accord him the right to be heard a preliminary investigation
and to further avail of his broader right to due process;
17. The purpose of a preliminary investigation is to secure the

innocent against hasty, malicious and oppressive prosecution, and
to protect him from an open and public accusation of crime, from
Page 3 of 5
the trouble, expense and anxiety of a public trial, and also to
protect the state from useless and expensive trials. (Trocio v.
Manta, 118 SCRA 241; citing Hashim v. Boncan, 71 Phil. 216).
The right to a preliminary investigation is a statutory grant, and to
withhold it would be to transgress constitutional due process. (See
People v. Oandasa, 25 SCRA 277) However, in order to satisfy the
due process clause it is not enough that the preliminary
investigation is conducted in the sense of making sure that a
transgressor shall not escape with impunity. A preliminary
investigation serves not only the purposes of the State. More
important, it is a part of the guarantees of freedom and fair play
which are birthrights of all who live in our country. It is, therefore,
imperative upon the fiscal or the judge as the case may be, to
relieve the accused from the pain of going through a trial once it is
ascertained that the evidence is insufficient to sustain a prima facie
case or that no probable cause exists to form a sufficient belief as
to the guilt of the accused. Although there is no general formula or
fixed rule for the determination of probable cause since the same
must be decided in the light of the conditions obtaining in given
situations and its existence depends to a large degree upon the
finding or opinion of the judge conducting the examination, such a
finding should not disregard the facts before the judge nor run
counter to the clear dictates of reasons (See La Chemise Lacoste,
S.A. v. Fernandez, 129 SCRA 391). The judge or fiscal, therefore,
should not go on with the prosecution in the hope that some
credible evidence might later turn up during trial for this would be a
flagrant violation of a basic right which the courts are created to
uphold. It bears repeating that the judiciary lives up to its mission
by vitalizing and not denigrating constitutional rights. So it has
been before. It should continue to be so. Mercado v. Court of First
Instance of Rizal, 116 SCRA 93).
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed

unto the Honorable Court that the Murder Case against Accused ALIRA
DITUAL MANUBAC be remanded to the Office of the City Prosecutor so as
to accord him of his right to be heard in a preliminary investigation.
Other reliefs and remedies deemed just and equitable are likewise
prayed for.
MOST RESPECTFULLY SUBMITTED.
Page 4 of 5
July 8, 2020 in Marawi City, Philippines.
PUBLIC ATTORNEY’S OFFICE

Marawi District Office
Hall of Justice, Marawi City
MAHIDA P. SALIH
Public Attorney II
Roll No. 67362
IBP Life Member Roll No. 01876
MCLE Compliance No. (On Process)
FORMAL REQUEST
THE BRANCH CLERK OF COURT

Regional Trial Court
Branch 9
Greetings!
Kindly schedule the foregoing Motion on the earliest available calendar, for the
kind consideration and approval of the Honorable Court.
ATTY. MAHIDA P. SALIH
NOTICE OF HEARING
OFFICE OF THE CITY PROSECUTOR

Hall of Justice, Marawi City
Greetings!
Please take notice that the undersigned counsel will immediately submit the
foregoing Motion, for the kind consideration and approval of the Honorable Court.
ATTY. MAHIDA P. SALIH
Copy Furnished
ATTY. HASHREEN T. CAUDANG-LUCMAN, CPA

Assistant City Prosecutor
Office of the City Prosecutor, Marawi City
Page 5 of 5

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Republic of the Philippines

REGIONAL TRIAL COURT OF LANAO DEL SUR

PEOPLE OF THE PHILIPPINES, CRIM CASE. NO. ML-431-2019

-versus- For: MURDER

AMENODIN BANTAC MANUBAC,

MOTION FOR REINVESTIGATION

Accused Alira Ditual Manubac, with the assistance of the undersigned

1. Accused Alira Ditual Manubac, now known as HADJENAIM

2. He was arrested for his alleged participation in the killing of one

“Before they could drive away the motorcycle an SUV

6. Accused Alira peacefully lived his simple life in Sorsogon, even on

7. Other attached documents, collectively marked as Annex “E” will

8. We beseech the Honorable Court to take judicial notice of the fact

11. Neither was he notified by anyone that a Subpoena was issued

13. Accused appeals to the Honorable Court that the reglementary

14. Settled in our jurisprudence is the rule that adherence to

16. He now appeals to the sound discretion of the Honorable Court

17. The purpose of a preliminary investigation is to secure the

WHEREFORE, premises considered, it is most respectfully prayed

MOST RESPECTFULLY SUBMITTED.

PUBLIC ATTORNEY’S OFFICE

THE BRANCH CLERK OF COURT

ATTY. MAHIDA P. SALIH

OFFICE OF THE CITY PROSECUTOR

ATTY. MAHIDA P. SALIH

ATTY. HASHREEN T. CAUDANG-LUCMAN, CPA

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