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    Motion To Admit

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    Drekyrie Rosenving
    The defendant's counsel has filed a Motion to Admit the defendant's Application for Probation one day past the filing deadline. The counsel argues that the late filing was due to an unusually high number of clients that day and inability to mail the application at the post office before closing. The counsel requests that the court exercise equity and accept the late filing, citing precedents where technical procedural rules were relaxed. The counsel requests to be heard regarding the Motion on April 27, 2007.

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    Motion To Admit

    Uploaded by

    Drekyrie Rosenving
    227 views3 pages
    The defendant's counsel has filed a Motion to Admit the defendant's Application for Probation one day past the filing deadline. The counsel argues that the late filing was due to an unusually high number of clients that day and inability to mail the application at the post office before closing. The counsel requests that the court exercise equity and accept the late filing, citing precedents where technical procedural rules were relaxed. The counsel requests to be heard regarding the Motion on April 27, 2007.

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    Original Title

    6. MOTION TO ADMIT

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    The defendant's counsel has filed a Motion to Admit the defendant's Application for Probation one day past the filing deadline. The counsel argues that the late filing was due to an unusually high number of clients that day and inability to mail the application at the post office before closing. The counsel requests that the court exercise equity and accept the late filing, citing precedents where technical procedural rules were relaxed. The counsel requests to be heard regarding the Motion on April 27, 2007.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    227 views3 pages

    Motion To Admit

    Uploaded by

    Drekyrie Rosenving
    The defendant's counsel has filed a Motion to Admit the defendant's Application for Probation one day past the filing deadline. The counsel argues that the late filing was due to an unusually high number of clients that day and inability to mail the application at the post office before closing. The counsel requests that the court exercise equity and accept the late filing, citing precedents where technical procedural rules were relaxed. The counsel requests to be heard regarding the Motion on April 27, 2007.

    Copyright:

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

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    Davao City, Branch 55

    LAKI ASSET COMPANY


    Plaintiff,

    - versus -
    Civil Case No. 11111
    DAMI UTANG CORPORATION For: Sum of Money

    Defendants.

    x-----------------------
    x
    MOTION TO ADMIT

    The 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 August 9, 2017, 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 prisioncorreccional 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 August 24, 2017 to file an Application for
    Probation.

    4. The undersigned counsel, on August 24, 2017, 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, _________________. 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.

    Davao City, Philippines; 24 FEB 2020.

    BAI SURHAYAH A. PENDATUN


    Counsel for Defendant
    Davao City, Philippines
    REQUEST FOR & NOTICE OFHEARING

    THE BRANCH CLERK OF COURT


    Metropolitan Trial Court
    Branch 39, Davao City

    Please submit the foregoing Motion to the Court for its


    consideration and approval immediately upon receipt hereof and
    kindly include the same in the court's calendar for hearing on Friday,
    27 April 2007 at 8:30 in the morning.

    ATTICUS FINCH

    1 MockingBirdStreet

    Timog Avenue, Quezon City

    Please take notice that counsel has requested to be heard on


    Friday, 27 April 2007 at 8:30 in the morning.

    HALILA SUDAGAR
    Counsel for Defendant
    SUDAGAR LAW FIRM
    Laguna Street, Davao City

    PLUS: [5] Proof of Service

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