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Motion To Drop

The motion seeks to drop accused Christopher Cawilan from the criminal case of malicious mischief. It argues that Christopher was 15 years old at the time of the alleged offense and under Philippine law, those 15 years and under are exempt from criminal liability. Attached is Christopher's certificate of live birth showing he turned 15 on January 30, 2005. The motion requests the court remove Christopher's name from the records of the case.

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Pj Tigniman
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365 views2 pages

Motion To Drop

The motion seeks to drop accused Christopher Cawilan from the criminal case of malicious mischief. It argues that Christopher was 15 years old at the time of the alleged offense and under Philippine law, those 15 years and under are exempt from criminal liability. Attached is Christopher's certificate of live birth showing he turned 15 on January 30, 2005. The motion requests the court remove Christopher's name from the records of the case.

Uploaded by

Pj Tigniman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

3rd MUNICIPAL CIRCUIT TRIAL COURT


ALFONSO LISTA - AGUINALDO
Second Judicial Region
Province of Ifugao

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. III-20-964


Plaintiff,
FOR:
-versus- MALICIOUS MISCHIEF

NASSEL N. CAUILAN, FREDDIE CAUILAN,


JONI CAUILAN, PULINTO UMULTOG and
CHRISTOPHER CAUILAN,
Accused.
X-----------------------------------------X

MOTION TO DROP ACCUSED


CHRISTOPHER CAWILAN
WITH ALL DUE RESPECT, accused through the undersign, unto this
Honorable Court, most respectfully submits this motion and hereby
states:

1. The instant case was filed with the Honorable Court by virtue of
an Information on January 31, 2020 against herein accused;

2. Perusal of the records of the case would show that Christopher


Cawilan was included as accused. As per document,
Christopher Cawilan just turned fifteen (15) years old last January
30, 2005. Attached hereto is a copy of his Certificate of Live Birth
and marked as Annex “A” to form an integral part hereof;

3. Under the law on the minimum age of criminal liability, a child


fifteen (15) years of age or under at the time of the commission
of the offense shall be exempt from criminal liability;

4. With this, the undersign most respectfully prays to this Honorable


Court that the name of Christopher Cawilan as accused be
dropped and removed from the records of the instant case;

5. This Motion is made in good faith and not intended to delay the
proceedings of the instant case.
WHEREFORE, premises considered, it is most respectfully prayed
unto the Honorable Court that the name of accused – Christopher
Cawilan be dropped and removed from the records of this case.

Other reliefs just and equitable under the premises are likewise
prayed for.

Lagawe for Alfonso Lista, Ifugao this 24th day of February 2020.

NAMINGIT LAW OFFICE


2nd Floor, Alfredoracion Building
Pob. East, Lagawe, Ifugao

By:

ATTY. PRESLEY JOHN L. NAMINGIT


Counsel for Accused
Roll No. 69260 – May 31, 2017
IBP No. 1065447 – Dec. 4, 2019
PTR No. 9601763 – Jan. 3, 2020
MCLE Compliance No. VI – 0013828

NOTICE
THE CLERK OF COURT
3rd Municipal Circuit Trial Court
Second Judicial Region
Alfonso Lista, Ifugao

Greetings!

Please submit the foregoing motion for the kind consideration


and approval of the Honorable Court upon receipt sans oral
argument. Thank You.

PRESLEY JOHN L. NAMINGIT

Copy Furnished:

PROS. IVAN B. BUYUCAN


Provincial Prosecutor’s Office
Lagawe, Ifugao

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