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Sample Motion For Reconsideration (Bench Warrant)

The document is a motion for reconsideration filed by an accused in a criminal case. The accused failed to appear for arraignment due to traveling from a far-flung area with difficult road conditions after recent flooding. The accused is asking the court to reconsider its order issuing a bench warrant and confiscating the bond due to the reasons for his late appearance outlined in the motion.

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katborro
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83 views

Sample Motion For Reconsideration (Bench Warrant)

The document is a motion for reconsideration filed by an accused in a criminal case. The accused failed to appear for arraignment due to traveling from a far-flung area with difficult road conditions after recent flooding. The accused is asking the court to reconsider its order issuing a bench warrant and confiscating the bond due to the reasons for his late appearance outlined in the motion.

Uploaded by

katborro
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

REGIONAL TRIAL COURT


_________Judicial Region
BRANCH _____
____________

PEOPLE OF THE PHILIPPINES,


Plaintiff,

Crim Case no. 1233


For: Violation of PD 1602

- versus –

AAA,
Accused.
x------------------------------------------x

MOTION FOR RECONSIDERATION


ACCUSED, through the undersigned counsel, unto this Honorable Court,
respectfully avers:

1. That accused stands charged for the above-entitled case and was scheduled for
arraignment today, November 4, 2022. However, at the second call of this case,
the accused failed to appear.

2. Consequently, the Honorable Court ordered the issuance of a Bench Warrant


against the accused for his failure to attend during his arraignment. Moreover, the
bond posted by his bondsperson was ordered confiscated.

3. Likewise, the bondsperson of the accused was directed to produce the body of
accused and explain within thirty(30) days why no judgment will be rendered
against the bond. Attached herewith is an Affidavit of Explanation executed by
____________.

4. That accused would like to inform the Honorable Court that he came in late in
today’s hearing because they live in _________ (a far-flung area) which requires
them to travel the difficult road condition in their barangay to Alicaocao Bridge by
reason of the recent flooding.

5. Thus, accused begs for the mercy and compassion of the Honorable Court to
reconsider its earlier Order regarding the issuance of the said Bench Warrant and
confiscation of his bond.

6. Accused promises that he will be present on the next scheduled hearing for his
arraignment on January 20, 2023.

7. That this motion is not intended to delay the proceedings but is prompted solely by
the foregoing reasons.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed unto this
Honorable Court to reconsider its earlier Order and lift bench warrant against the accused
in the interest of substantial justice.

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

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