Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Judicial Region
BRANCH XX
Encantadia City

THE PEOPLE OF THE CRIM. CASE NO. xxxx

PHILIPPINES,
Plaintiff, FOR
xxxxxxxxxx
-versus-

JUAN DELA CRUZ.,

Accused.

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

URGENT MOTION TO LIFT/RECALL BENCH WARRANT

Accused, JUAN DELA CRUZ, through the undersigned counsel, respectfully

states that:

1. The Honorable Court ordered the issuance of a Bench Warrant of Arrest on

07 August 2018 directing the apprehension of accused for failure to appear
during the scheduled trial on the same date.

2. The records of the case would show that accused was personally informed
of the scheduled trial on 07 August 2018. However, due to a family tragedy,
the accused was not able to attend trial on the scheduled date.

3. Accused, JUAN DELA CRUZ, failed to attend the scheduled trial due to the
death of his grandfather on the early morning of 07 August 2018.

4. Accused despite the family tragedy tried to attend the scheduled hearing
but accused did not make it in time.

5. Accused sincerely apologizes to this Honorable Court and the other party
for whatever inconveniences his actions may have caused.
 6. Accused most respectfully begs this Honorable Court to immediately lift
and/or recall the issuance of a bench warrant against him in the interest of
substantial justice.

7. Accused shall endeavor to attend all succeeding hearings in the above-

captioned case. If accused anticipates that he may not be able to appear
for just and valid reasons, he shall immediately inform this Honorable
Court.

8. This motion is not intended to delay the proceedings of this case but solely
for the reasons stated above.

PRAYER

Wherefore, based on the premises and in the interest of substantial justice,

it is most respectfully prayed that the order of the Honorable Court dated 07
August 2018 for the issuance of the Bench Warrant of Arrest against the accused
be lifted.

Other just and equitable remedies are likewise prayed for.

Respectfully submitted this 7th day of August, in the Year of our Lord, Two
Thousand and Eighteen, in the City of Encantadia.

______________________________________
Counsel for the Accused

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Municipal Trial Court in Cities,
Branch XX, Justice Hall, Encantadia City
Office of the City Prosecutor,
Justice Hall, Encantadia City

Private Prosecutor
Encantadia

Please be notified that the undersigned will submit the foregoing motion for
the consideration and approval of the Court on 07 August 2018 at MTCC Branch
XX.

Respectfully submitted this 7th day of August, in the Year of our Lord, Two
Thousand and Eighteen, in the City of Encantadia.

______________________________________

Counsel for the Accused

Copy furnished by personal service:

Office of the City Prosecutor,

Justice Hall, Encantadia City

Private Prosecutor
Encantadia