REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 09 - Manila

PEOPLE OF THE PHILIPPINES
Plaintiff,


-versus- CRIM. CASE NO. 10-278780
For: Robbery in an inhabited place


Juan del Cruz,
Accused
x------------------------------------x

MANIFESTATION AND MOTION FOR RECONSIDERATION

The ACCUSED, through the undersigned counsel and to
this Honorable Court most respectfully states that:

1. On 15 April 2014 this Honorable Court issued a warrant
of arrest against the accused and ordered that the case be
achieved until the warrant of arrest against the accused has
been effected.

2. On 18 April 2014 the Accused filed an URGENT
EXPARTE MOTION TO REVIVE THE ARCHIVED CASE AND
LIFT WARRANT OF ARREST WITH PRAYER TO REINSTATE
BAIL and likewise, served the copy of the same to the
Honorable Prosecutor Gerardo Sadsad.

3. On 08 July 2014 this Honorable Court issued an order to
revive the case and set the hearing of the same on September
01, 2014. Likewise, this Honorable Court ordered that the
accused file an additional bond amounting to Twelve
Thousand Pesos (P 12,000.00). The order however, was not
reduced into writing nor was it sent to the accused.

4. Consequently, the accused failed to attend the hearing on
September 01, 2011. The accused learned the hearing set for
September 01, 2014 on September 2, 2014, or the day after
the said hearing, when an intern from the Legal Aid followed
up the said case and asked for the copy of the resolution of the
Court. He was informed that there was no written order and


there was only Marginal Notes in the left side of the motion
submitted by the accused on 18 APRIL 2014. In fact, up to
this time, accused or his counsel has not received any order or
notice of hearing requiring them to attend the hearing held on
01 September 2014.

Attached hereto and made an integral part hereof as Annex 1
is the Copy of the Marginal Order of the this Honorable Court.

5. As a result of the accuseds absence in the September 1,
2014 hearing, this Honorable court again archived the case. In
the meantime the warrant of arrest against the accused was
not lifted.

6. The accused respectfully begs that the Honorable Court
reconsider its decision last 01 September 2014 and recall the
warrant of arrest and lift the order of requiring the accused to
file additional bond and to reinstate the case. As narrated
above accuseds defense for the September 1, 2014 hearing
was due simply to the fact that neither he or his counsel were
notified of the said hearing.

7. This motion for reconsideration is not intended to delay
the proceedings in this case but filed solely for the reason
above-stated.


WHEREFORE, premises considered, it is most
respectfully prayed that this Motion for Reconsideration may
be granted and an ordered be issued recalling the warrant of
arrest lifting the additional bond and ordering the
reinstatement of the case. Other reliefs just and equitable
under the circumstances are likewise prayed for.


Respectfully submitted.

Pasay City for Manila City, September 03, 2014.


TRALALA UNIVERSITY SCHOOL
OF LAW
OFFICE OF THE LEGAL AID
Counsel for the Plaintiff


TRALALA University School of
Law
Tralala Avenue Cor. Menlo St.,
Sulo city

By:

Francisco Triple
IBP NO. 364365/1-3-14/ RSM
PTR NO. 6346/1-3-14/ Pasig City
Roll No. 58631
MCLE Compliance No. IV-0018154/4-16-13



NOTICE OF HEARING


The Branch Clerk of Court
Regional Trial Court
Branch 9


GREETINGS:


Please be informed that undersigned counsel shall
submit the foregoing motion for the consideration and
resolution of this honorable court on 08 September 2014 at
10:00 am or at any date convenient to the honorable court.


FRANCIS R. TRIPLE
Counsel for the Accused


Copy Furnished:


Fiscal Gerardo Sadsad
Assistant City Prosecutor
Office of the City Prosecutor