CAPTION

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MOTION TO RECUSE

Respondents respectfully state that:

1. On _____, the Regional Trial Court rendered a decision on appeal filed

by the respondents, the dispositive portion of which reads:

“__________________________________”;

2. The Regional Trial Court remanded the case for fresh proceedings.
This is akin to trial de novo where all the respondents are required to
plead anew;

3. With due respect, since the Honorable Presiding has earlier passed
upon the facts and decided the case against the respondents, a
fortiori, the Honorable Court’s appreciation will be the same;

4. Again with due respect, to avoid the issue of impartiality or suspicion,

it is respectfully prayed that the Honorable Presiding will inhibit in the
instant case;

AND BY WAY OF MANIFESTATION AND SPECIAL APPEARANCE

5. Should the Honorable Presiding inhibit, it is earnestly manifested that

the mechanics of a trial de novo will be discussed;

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6. Accordingly, the Order dated ___ requiring all the respondents to
answer will be held in abeyance to give way for the resolution of this
preliminary issue;

7. By way of special appearance, summons of the other respondents,

national agencies should be coursed through the Office of the
Solicitor General (OSG) following the ratio of the decision from the
Regional Trial Court;

8. Certainly, these national agencies can hardly meet the deadline since
their request for deputation from the OSG will still go through various
tier of channels hence, it is respectfully manifest that the Order be
instead directed to the OSG;

9. This motion is not intended to delay the proceedings.

WHEREFORE, IN THE INTEREST OF JUSTICE AND FAIR PLAY, it is

respectfully prayed that the Honorable Presiding will inhibit in the instant
case and accordingly allow whoever the honorable successor will be to
carry out the decision of the Regional Trial Court. Accordingly, it is prayed
that the Order dated ____ will be held in abeyance pending the
resolution of the issue on recusation.

OTHER RELIEFS are likewise prayed by the respondents.

19 June 2017.

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 JETRON MIKE CASTRO MARCOS
San Leonardo
Aglipay, Quirino
IBP No. 1028790; 1/3/2017
PTR No. 1915304; 1/3/2017
ROA No. 52472 (05-11-2006)
MCLE No. V- 0021668 (05-23-2016)

NOTICE OF HEARING

Atty. Cesar Aggalot

Please take notice that on June 23, 2017 at 2:00 on the afternoon or at a
time when the Honorable Court’s calendar shall allow, the foregoing motion
will be heard.

JETRON MIKE CASTRO MARCOS

EXPLANATION

A copy of the motion has been served on the counsel for the
complainant via private courier due to distance and time constraints to
effectuate the preferred mode of service.

ATTY. CESAR AGGALOT

Villasis, Santiago City

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