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Motion to Lift Bench Warrant of Arrest Sample

Motion



REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Branch 43, Manila

PEOPLE OF THE PHILIPPINES,
Complainant,

vs.Crim. Case No. 123456
 For: ATTEMPTED MURDER

AKU SADO,
Accused,
X------------------------X


MOTION TO LIFT BENCH WARRANT




Accused, AKU SADO, through the undersigned counsel, respectfully states that:

1.  The Honorable Court issued a Bench Warrant of Arrest dated June 22, 2016 directing the apprehension of accused for failure to appear during the Pre-Trial on June 17, 2016.

2.  The records of the case would show that accused was not personally informed of the supposed pre-trial setting on the said date, resulting in his absence. 

3.   The Notice of Pre-Trial was sent through registered mail to the address of the accused but per Registry Return Receipt, a certain Pedro Juan, a "security guard", received the same on June 2, 2016. 

3.   The said Notice of Pre-Trial was never turned over by the said Pedro Juan to accused. 

4.   Accused sincerely apologizes to this Honorable Court and the other party for whatever inconveniences his actions may have caused.

5.   Accused most respectfully begs this Honorable Court to immediately lift the bench warrant in the interest of substantial justice.

6.   Accused shall endeavor to attend all succeeding hearings in the above-captioned case. If accused anticipates that he may not be able to appear for just and valid reasons, he shall immediately inform this Honorable Court.

7.   This motion is not intended to delay the proceedings of this case but solely for the reasons stated above.

WHEREFORE, premises considered and in the interest of substantial justice, it is respectfully prayed that the Bench Warrant of Arrest dated June 22, 2016, issued by the Honorable Court against accused be lifted. 

Other just and equitable remedies are likewise prayed for.

               (place)                ,          (date)       .



ATTY. APRIL AGOSTO
Counsel for the Accused


NOTICE OF HEARING


THE BRANCH CLERK OF COURT
Regional Trial Court, Branch 43
Manila

PROSECUTOR MARIEN ROVERA
Office of the City Prosecutor, Manila
       
ATTY. AB CD
Private Prosecutor
2233 Zamora Street, Pasay City


Please be notified that the undersigned will submit the foregoing motion for the consideration and approval of the Court on _________________ at ______________.

               (place)              ,          (date)       .


ATTY. APRIL AGOSTO
Counsel for the Accused


Copy furnished by personal service:

PROSECUTOR MARIEN ROVERA
Office of the City Prosecutor, Manila

ATTY. AB CD
Private Prosecutor
2233 Zamora Street, Pasay City


 

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