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  • Motion To Admit

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    Nicole Santoalla
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    The accused was found guilty of reckless imprudence resulting in homicide and less serious physical injuries and sentenced to imprisonment. The accused intended to apply for probation but the application was filed one day late due to the defense counsel's office being unable to mail it on the deadline date. The motion asks the court to admit the late-filed probation application, citing jurisprudence allowing flexibility in procedural rules when justice would best be served. It prays the application and motion be granted.

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    Motion to Admit

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    The accused was found guilty of reckless imprudence resulting in homicide and less serious physical injuries and sentenced to imprisonment. The accused intended to apply for probation but the application was filed one day late due to the defense counsel's office being unable to mail it on the deadline date. The motion asks the court to admit the late-filed probation application, citing jurisprudence allowing flexibility in procedural rules when justice would best be served. It prays the application and motion be granted.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    266 views3 pages

    Motion To Admit

    Uploaded by

    Nicole Santoalla
    The accused was found guilty of reckless imprudence resulting in homicide and less serious physical injuries and sentenced to imprisonment. The accused intended to apply for probation but the application was filed one day late due to the defense counsel's office being unable to mail it on the deadline date. The motion asks the court to admit the late-filed probation application, citing jurisprudence allowing flexibility in procedural rules when justice would best be served. It prays the application and motion be granted.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 3

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    11th JUDICIAL REGION
    BRANCH 6

    PEOPLE OF THE PHILIPPINES,


    Plaintiff,

    -versus- CRIMINAL CASE NO. _________


    Reckless Imprudence Resulting in
    Homicide and Less Serious Physical
    Injuries
    ANTONIO JAN A. ORCULLO
    Accused.

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

    MOTION TO ADMIT
    ACCUSED, through counsel and unto this Honorable Court, most
    respectfully states that:

    1. The Honorable Court promulgated its decision on the above-captioned


    case on February 15, 2020, finding the accused guilty beyond
    reasonable doubt of the crime of Reckless Imprudence Resulting in
    Homicide and Less Serious Physical Injuries and sentencing him to
    suffer the indeterminate penalty of 1 year, 8 months and 1 day of
    arresto mayor as minimum to 4 years, 9 months and 11 days of
    prision correccional as maximum.

    2. On the same date, the accused, through the undersigned counsel,


    manifested in open court his intention to apply for probation and avail
    the benefits of Probation Law of 1976.

    3. The accused had fifteen (15) days from the promulgation of the
    decision or until March 2, 2020 to file an Application for Probation.

    4. The undersigned counsel, on March 2, 2020, prepared the Application


    for Probation on behalf of the accused. A copy thereof was likewise
    served and duly received by the Office of the Provincial Prosecutor,
    Davao City. However, due to the unusually high number clients that
    day, the aforementioned Application for Probation was not
    immediately mailed.
    5. It was only later that afternoon, after attending to all clients, that our
    staff had the opportunity to go to the Post Office. Unfortunately, the
    Post Office was already closed when he arrived, hence, the
    Application for Probation was not mailed that day.

    6. The delay of one (1) day in the filing of the Application for Probation
    is not intended to undermine the speedy and proper administration of
    justice. The reason for the delay was beyond the control of the
    accused and the undersigned counsel.

    7. In several cases decided by the Supreme Court, the High Court


    relaxed the stringent application of technical rules in the exercise of
    its equity jurisdiction. In Ligon v. Court of Appeals, it was held “that
    courts should not be so strict about procedural lapses that do not really
    impair the proper administration of justice. After all, the higher
    objective of procedural rule is to insure that the substantive rights of
    the parties are protected. Litigations should, as much as possible, be
    decided on the merits and not on technicalities. Every party-litigant
    must be afforded ample opportunity for the proper and just
    determination of his case, free from the unacceptable plea of
    technicalities.”

    8. The accused is asking for compassion and is hoping that a mere one
    (1) day delay would merit the consideration of the Honorable Court.

    PRAYER

    WHEREFORE, it is most respectfully prayed of this Honorable


    Court, that this Motion to Admit and the accused’s Application for Probation
    be granted.

    Accused prays for such other reliefs that are just and equitable under
    the premises.

    March 13, 2020, Davao City, Philippines.

    Sgd.
    ATTY. STEPHANIE M. SANTOALLA
    Counsel for the Accused
    IBP NO. 071717, 12/12/19, Davao City
    PTR NO. 071717, 12/12/19, Davao City
    ROLL ATTORNEY NO. 11077
    MCLE Comp. No. IV-0004785, 3/2/19
    Doors 5 & 6, Tropicana Building,
    J.P. Laurel Avenue, Lanang, Davao City
    Copy Furnished: (Personal Service)

    Sgd.
    ARTURO A. MILITAR
    Lot 6, BLk18, Phase 8A
    Deca Homes, Mintal, Davao City

    Sgd.
    ATTY. JACOBO C. MONDRAGON
    2/F, Door 6, ABC Building
    Damosa Complex, Lanang
    Davao City

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