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Republic of the Philippines

REGIONAL TRIAL COURT


Sixth Judicial Region
BRANCH 7
Kalibo, Aklan

PEOPLE OF THE PHILIPPINES,


Plaintiff,

-versus- CRIMINAL CASE NO. 9903

DOLORA KHANNA and


SUMIT KHANNA
Accused.
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MOTION FOR RECONSIDERATION


(with Apologies)

ACCUSED, by counsel and to this Honorable Court, most respectfully state


that

1. Due to the failure accused and the undersigned counsel to appear during
the hearing on May 28, 2015, and upon motion of private prosecutor that the
accused be declared to waived the presentation of his evidence which the Court
Granted in an Order dated May 28, 2015, and that the bail bond posted by the
accused be cancelled and that a warrant for their arrest be issued;

2. It appears that the security guard of the Pacific Corporate Center Bldg.
received the Order sometime on June 23, 2015. However, it was given to the
undersigned counsel only on July 15, 2015. Thus, it is with sincere apologies that
the instant motion is being filed today;

3. As to the scheduled hearing on May 28, 2015, the undersigned counsel


did not receive the Notice from the Court setting the case for hearing on the said
date. Hence, this explains his absence as well as his failure to notify the accused
for their appearance before the Court during the scheduled hearing. The accused
likewise did not receive their Notice;

4. In fact, had the undersigned counsel received the Notice, he would have
informed the accused and the Honorable Court that he had an earlier scheduled
hearing at RTC Branch 169, Malabon City in the case of JANE ROSE TUAZON
vs, LAWRENCE RIVERA, docketed Civil Case No. 1285;

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5. Moreover, during the said period, the accused spouses were having
serious marital problems which led to their ugly separation and caused accused
Dolora Khanna to suffer illness which required her to undergo medical attendance.
Hereto attached as Annex 1 is the duly notarized Medical Certificate issued by
her attending physician;

6. The failure of the accused to attend the said hearing is not intended to
disregard the order of the Honorable Court or to disrupt the proceedings of the
instant case but solely due to reasons afore-stated. Just the same, we expressed our
sincere apologies and deep regrets to the Honorable Court and to the private
prosecutor for the delay of the proceedings of the instant case;

7. One of the constitutional rights of the accused is the right to due process,
to be heard and to present his evidence. This substantive right of the accused
should not be compromised by their failure to appear, which is justified by their
lack of Notice. Notably, due process demands that they be given another day in
Court to present their evidence. Hence, accused beg the kind indulgence of the
Honorable Court that they be allowed to present their evidence;

8. Finally, the accused is more than willing to pay just fine to be fixed by the
Honorable Court for their failure to attend the hearing last May 28, 2015.

WHEREFORE, in view of the foregoing and in the interest of due process, it


is respectfully prayed that the Order dated May 28, 2015 of the Honorable Court be
set aside, and an Order be issued allowing accused to present their evidence, and
likewise recalling their warrant of arrest, and that they be granted provisional
liberty on their existing bail bonds.

Other just relief and remedies are also prayed for.

Quezon City for Kalibo, Aklan, July 26, 2015.

MANUEL S. OBEDOZA, JR.


Counsel for the accused
Volunteers Against Crime and Corruption
Unit 601, 6F, Pacific Corporate Center
No. 131 West Avenue, Quezon City
Project 8, Quezon City
IBP No. 0982558 -Q.C.- 1/07/2015
PTR No. 0558866 - Q.C. 1/05/2015
MCLE Compliance No. IV-0021203

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Roll No. 39655
Mobile No. 0922-8881614

VERIFICATION

We, DOLORA KHANNA and SUMIT KHANNA, under oath, do hereby


depose and state:

That we are the accused-movant in the instant case;

That we have caused the preparation of the said Motion for Reconsideration;

That we have read the contents thereof and the same are true and correct to
the best of our knowledge and authentic documents;

IN TRUTH HEREOF, I have hereunto set my hands this _______ day of


July, 2015 at Quezon City.

DOLORA KHANNA SUMIT KHANNA


Affiant Affiant

SUBSCRIBED AND SWORN to before me this _______ day of July, 2015


at Quezon City.

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of 2015.

COPY FURNISHED / NOTICE OF HEARING

ATTY, JEFFREY-JOHN L. ZARATE


7th Floor, Electra House
115 Esteban cor. V.A. Rufino Sts.

3
Legaspi Village, Makati City

Hon. Provincial Prosecutor


Kalibo, Aklan

Greetings:

Please take notice that the undersigned counsel is submitting the foregoing
Motion for Reconsideration for the consideration and approval of the Honorable
Court on July 31, 2015 at 9:00 a.m. or soon thereafter as may be heard by this
Honorable Court.

MANUEL S. OBEDOZA, JR.

EXPLANATION

The foregoing Motion for Reconsideration is served and filed thru registered
mail due to lack of personnel to effect personal service and filing.

MANUEL S. OBEDOZA, JR.