Transcript
REPUBLIC OF THE PHILIPPINES National Capital Judicial Region REGIONAL TRIAL COURT
Branch 09 - Manila PEOPLE OF THE PHILIPPINES Plaintiff,
-versus-
CRIM. CASE NO. 10-278780 For: Robbery in an inhabited place
Juan del Cruz, Cruz, Accused x---------------- x--------------------------------------------------x ---x MANIFESTATION AND MOTION FOR RECONSIDERATION The ACCUSED, through the undersigned undersigned counsel and to this Honorable Court most respectfully states that: 1. On 15 April 2014 this Honorable Court issued a warrant of arrest against the accused and ordered that the case be achieved until the warrant of arrest against the accused has been effected. 2. On 18 April 2014 the Accused filed an “URGENT EXPARTE MOTION TO REVIVE THE ARCHIVED CASE AND LIFT WARRANT OF ARREST WITH PRAYER TO REINSTATE BAIL” and likewise, served the copy of the same to the Honorable Prosecutor Gerardo Sadsad. 3. On 08 July 2014 this Honorable Court issued an order to revive the case and set the hearing of the same on September 01, 2014. Likewise, this Honorable Court ordered that the accused file an additional bond amounting to Twelve Thousand Pesos (P 12,000.00). 12,000.00). The order however, was not reduced into writing nor was it sent to the accused. 4. Consequently, Consequently, the accused failed to attend the hearing on September 01, 2011. The accused learned the hearing set for September 01, 2014 on September 2, 2014, or the day after the said hearing, when an intern from the Legal Aid followed up the said case and asked for the copy of the resolution of the Court. He was informed that there was no written order and
there was only Marginal Notes in the left side of the motion submitted by the accused on 18 APRIL 2014. In fact, up to this time, accused or his counsel has not received any order or notice of hearing requiring them to attend the hearing held on 01 September 2014. Attached hereto and made an integral part hereof as Annex “1” is the Copy of the Marginal Order of the this Honorable Court. 5. As a result of the accused„s absence in the September 1, 2014 hearing, this Honorable court again archived the case. In the meantime the warrant of arrest against the accused was not lifted. 6. The accused respectfully begs that the Honorable Court reconsider its decision last 01 September 2014 and recall the warrant of arrest and lift the order of requiring the accused to file additional bond and to reinstate the case. As narrated above accused‟s defense for the September 1, 2014 hearing was due simply to the fact that neither he or his counsel were notified of the said hearing. 7. This motion for reconsideration is not intended to delay the proceedings in this case but filed solely for the reason above-stated.
WHEREFORE, premises considered, it is most respectfully prayed that this Motion for Reconsideration may be granted and an ordered be issued recalling the warrant of arrest lifting the additional bond and ordering the reinstatement of the case. Other reliefs just and equitable under the circumstances are likewise prayed for.
Respectfully submitted.
Pasay City for Manila City, September 03, 2014.
TRALALA UNIVERSITY SCHOOL OF LAW OFFICE OF THE LEGAL AID Counsel for the Plaintiff
TRALALA University School of Law Tralala Avenue Cor. Menlo St., Sulo city By:
Francisco Triple IBP NO. 364365/1-3-14/ RSM PTR NO. 6346/1-3-14/ Pasig City Roll No. 58631 MCLE Compliance No. IV-0018154/4-16-13
NOTICE OF HEARING
The Branch Clerk of Court Regional Trial Court Branch 9
GREETINGS:
Please be informed that undersigned counsel shall submit the foregoing motion for the consideration and resolution of this honorable court on 08 September 2014 at 10:00 am or at any date convenient to the honorable court.
FRANCIS R. TRIPLE Counsel for the Accused
Copy Furnished:
Fiscal Gerardo Sadsad Assistant City Prosecutor Office of the City Prosecutor
