Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

11th Judicial Region
Branch 3
Davao City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus - Crim. Case No. 135, 429 – C – 09

For: Viol. Of PD 1866 as amended by RA

8294
BRYAN C. MUSA,
Accused.
x-------------------------------------------------x

MOTION TO TAKE JUDICIAL NOTICE

OF THE DECISION OF THE REGIONAL
TRIAL COURT BRANCH 13

COMES NOW accused, BRYAN C. MUSA, through the undersigned counsel,

unto this Honorable Court, most respectfully states: That –

1. In a hearing dated August 15, 2019, the accused through counsel waived its
right to present witness but instead asked that a memorandum be submitted in
lieu thereof 15-days from receipt of the order;

2. The order of this Honorable Court granting the manifestation of this counsel was
received by the undersigned counsel on September 16, 2019;

3. The above-named accused during the above-mentioned dates was still facing a
criminal offense before Regional Trial Court – Branch 13 docketed as criminal
case number 66 682-09, CC No. 66 683-09, CC No. 66 684-09, and CC No. 66
685-09 for violation of Ra 9165; (Herein attached and marked as Annex “1” to
“1-A)

4. Above-named accused was already sentence of the above-mentioned crimes

pursuant to the plea bargaining accused entered into with the prosecution on
September 5, 2019;

5. Considering that the accused was just sentenced after the defense rested its
case, thus, the accused has no time to present the same before this Honorable
Court;

6. Additionally, the judgment rendered was within the same Juridical Region and
City of this Honorable Court, and that judgment connotes already of a public
record;

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 7. Rule 129 of the Revised Rules of Court, allows a judicial notice for those who are
public knowledge and / or capable of unquestionable demonstration 1;

8. Henceforth, the court, in the interest of justice and fairness, may take judicial
notice of the decision of the Honorable Court Branch 13, dated September 5,
2019 for Criminal Cases Numbers 66 682-09 to 66 685-09;
9. This motion is filed in utmost good faith and not intended to delay the
proceedings of the Honorable Court;

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that in the interest of justice, this Honorable Court take Judicial
Notice of the decision of Honorable Court Branch 13 of this City, dated September 5,
2019 for Criminal Cases Numbers 66 682-09 to 66 685-09.

Other reliefs, consistent with equity and justice are likewise being prayed for.

Respectfully submitted.

Davao City, Philippines, September 30, 2019.

COUNSEL

NOTICE OF HEARING

The Branch Clerk of Court

MUNICIPAL TRIAL COURT IN CITIES
BRANCH 3

City Prosecution Office

Davao City

Greetings:

Please take notice that the undersigned is submitting the foregoing motion for the consideration
and resolution of the Honorable Court October 2, 2019 or at any day convenient of this Honorable Court.

COUNSEL
Copy furnished:

City Prosecution Office

Davao City

1
Rule 129, Section 2. Judicial notice, when discretionary, - A court may take judicial notice of matters which are of
public knowledge, or are capable of unquestionable demonstration, or ought to be known to judges because of their
judicial functions.

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