Motion to Lift Warrant of Arrest Sample

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

People of the Philippines,

         - versus -

CRIMINAL CASE NO. 02-199883

Dingding Dantes,
                         Accused.

x - - - - - - - - - - - - - - -x

MOTION TO LIFT WARRANT OF ARREST

     ACCUSED, through counsel, respectfully moves for the lifting of the Order for issuance of warrant for his arrest issued on June 24, 2014 (copy of which is hereto attached as Annex "A") on the following grounds:

1. Accused was never served a copy of the complaint filed against him. The records will show that he did not receive it nor was it received by a duly authorized rep. A copy of the sheriff's return is hereto attached as Annex "B";

2. The records will show that the accused was never served any copy of a subpoena or notice of hearing at any stage of the proceedings. All notices appear to have been delivered in a business establishment used to be rented by the accused in the past which had already been closed and unoccupied long before the process was served;

3. Accused was likewise not served a notice of arraignment;

4. Accused was therefore, not given an opportunity to be heard and effectively deprived of his constitutional right to due process.

PRAYER

     WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court to reconsider its Order of June 24, 2015 and lift the warrant of arrest issued against accused.

      Other just and equitable remedies are likewise prayed for.

      Manila, June 30, 2015.

      Respectfully submitted.

  ATTY. VX YZ

   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

        Greetings!
      

Please take notice that the undersigned counsel will submit the foregoing Motion to the Honorable Court on July 5, 2014 at 8:30 in the morning for its favorable consideration and approval.

                                                                                            VX YZ

                                                                                     

Copy furnished by personal service:

PROSECUTOR MARIEN ROVERA
Office of the City Prosecutor, Manila 

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