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Explanation As To Absence

The accused, Antonio Atilano y Hipolito, was not present when his criminal case for grave threat was called on September 21, 2020. His public defender filed an explanation on his behalf, stating that (1) the accused arrived late to court that day due to difficulties with public transportation from his remote home; (2) he did not intend to disregard the court or delay proceedings; and (3) his explanation should be considered sufficient to avoid an arrest warrant being issued for his failure to appear. The public defender requested the court consider the explanation and not issue a warrant of arrest against the accused.

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Lorenz Gonzalo
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961 views2 pages

Explanation As To Absence

The accused, Antonio Atilano y Hipolito, was not present when his criminal case for grave threat was called on September 21, 2020. His public defender filed an explanation on his behalf, stating that (1) the accused arrived late to court that day due to difficulties with public transportation from his remote home; (2) he did not intend to disregard the court or delay proceedings; and (3) his explanation should be considered sufficient to avoid an arrest warrant being issued for his failure to appear. The public defender requested the court consider the explanation and not issue a warrant of arrest against the accused.

Uploaded by

Lorenz Gonzalo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT


9th Judicial Region
Branch 4
Zamboanga City

THE PEOPLE OF THE PHILIPPINES,


Plaintiff, Criminal Case 49699
-versus-
-for-
ANTONIO ATILANO y HIPOLITO,
Accused. GRAVE THREAT
X - - - - - - - - -- - - - - - -- - - - - - - x

EXPLANATION
Re: Absence of the Accused in the Scheduled Hearing

The accused, through the undersigned counsel of the Public Attorney’s Office
and unto this most honorable Court, most respectfully files this Motion and alleges to wit:

1. When his case was called for continuation of trial on September 21, 2020, the
accused was not present. Thus, an order for him to explain his absence in writing
was issued by this Honorable Court;
2. On September 23, 2020, the accused informed the undersigned counsel that on
the said date (September 21, 2020), the accused arrived after his case was
called. Thus, he was only late but did not intend to absent himself from the
scheduled hearing;
3. The reason as to why he was late is due to the fact that he resides in Abong-
Abong, where public transportation is not easily accessible. Especially so during
this period of community quarantine when public transportations are even more
difficult to avail of;
4. The accused has no intention to disregard the order of this Honorable court nor
to delay the proceedings in this case;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed for


that the explanation of the accused be considered as sufficient for the Honorable
Court not to issue the warrant of arrest for his failure to appear in the scheduled
hearing.

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

RESPECTFULLY SUBMITTED.

September 23, 2020 Zamboanga City Philippines.


PUBLIC ATTORNEY’S OFFICE
ZAMBOANGA CITY REGIONAL SATELLITE OFFICE
3rd Floor, Hall of Justice
Sta. Barbara, Zamboanga City

by:

ATTY. RHEA DOLL B. GONZALO


Public Attorney II
Roll No. 70752
IBP No. 103709/ Jan. 07, 2020
MCLE Compliance No.- VI-0014592
x----------------------------------------------------------------------------------------x
NOTICE

Clerk of Court
MTCC Branch 04
Zamboanga City

G R E E T I N G S:

Please submit the foregoing Motion for the consideration and approval of the
Honorable Court immediately, without further oral argument.

September 23 2020, Zamboanga City, Philippines.

RHEA DOLL B. GONZALO

Copy furnished:

City Prosecutor’s Office


Hall of Justice, Zamboanga City

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