REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 54, MANILA

PEOPLE OF THE PHILIPPINES

- Versus - Criminal Case No. 07-257911

Attempted Murder
ERNESTO G. BURLUNGAN

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MANIFESTATION and URGENT MOTION FOR RECONSIDERATION ON THE

ORDER OF THE HONORABLE COURT DATED FEBRUARY 3, 2015

COMES NOW, ERNESTO G. BURLUNGAN, accused in the above-entitled

case, represented by the undersigned Public Attorney, unto this Honorable Court most
respectfully submits this motion and in support thereof avers;

1. An Order upon motion of the undersigned counsel was issued by the

Honorable Court on August 26, 2014 re-opening of the above-entitled case allowing
defendant to adduce evidence in his defense. Thus, initial reception of defense
evidence was set ;
2. However, accused failed to appear on the schedule dates of hearing for
reception of his evidence. Notices sent to the accused were not received and returned
with a note moved-out;
3. Consequently, an order was issued by the Honorable Court on February
3, 2015 declaring that the right of the accused to adduce evidence in his defense is
deemed waived and set the promulgation on February 17, 2015 which was
subsequently reset on March 3, 2015.
4. The undersigned counsel in an effort to secure the attendance of the
accused personally sent two letters to him but did not receive any reply. Nonetheless,
considering the significance of the presence of the accused, and on the belief that the
previous letters were not received by said accused, undersigned is presently exerting all
possible efforts to locate ERNESTO BURLUNGAN.
5. It is the honest belief of the undersigned counsel that if the defendant will
be able to adduce evidence in his defense it will change the outcome of the case, or his
presence during promulgation will substantially protect his rights;
6. Considering the aforementioned manifestation, undersigned fervently
seeks the indulgence of the Honorable Court to reconsider the order dated February 3,
2015 and issue an order resetting the promulgation scheduled on March 3, 2015 to give
time for the undersigned counsel to locate and notify the accused;
7. This motion is submitted in good faith and not intended to delay the
proceedings before this Honorable Court;

WHEREFORE, in the interest of substantial justice, it is respectfully prayed of

this Honorable Court to reconsider the order dated February 3, 2015 and postpone the
scheduled promulgation on March 3, 2015 and to ultimately to allow accused Ernesto
Burlungan to adduce evidence in his defense.
Other reliefs just and equitable under the premises are likewise prayed for.
City of Manila, February 17, 2015.

Department of Justice
PUBLIC ATTORNEYS OFFICE
Manila District Office
4/F Godino Bldg.
350 Arroceros St. Ermita, Manila

By:

ATTY. WYLVER B. POOTEN

Public Attorney
IBP-Lifetime; Baguio-Benguet
Roll No. 60454; March 23, 2012
MCLE Compliance No.IV-0020963;

NOTICE OF HEARING

Branch Clerk of Court

Regional Trial Court
Branch 54, Manila

ASST. CITY PROSECUTOR

Office of the City Prosecutor
Manila

Greetings!
Kindly submit the foregoing Motion for the kind consideration and approval
of this Honorable Court on February 24, 2015 or upon receipt hereof.

ATTY. WYLVER B. POOTEN

Public Attorney I

ACP ALEXANDER P. RAMOS

City Prosecutors Office