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    Sample Motion To Admit

    Uploaded by

    John Reyes
    This document is a Motion to Admit filed on behalf of an accused person seeking probation. It summarizes that the accused was found guilty of reckless imprudence resulting in homicide and injuries and sentenced to 1 year, 8 months and 1 day to 4 years, 9 months and 11 days in prison. The accused manifested his intention to apply for probation but the application was filed one day late due to the high volume of clients that prevented mailing it on time. The motion argues that a one day delay does not impair justice and asks the court to consider it based on precedents relaxing technical rules in the interests of substantive justice and deciding cases on their merits rather than technicalities.

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    © All Rights Reserved
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    Sample Motion To Admit

    Uploaded by

    John Reyes
    9K views2 pages
    This document is a Motion to Admit filed on behalf of an accused person seeking probation. It summarizes that the accused was found guilty of reckless imprudence resulting in homicide and injuries and sentenced to 1 year, 8 months and 1 day to 4 years, 9 months and 11 days in prison. The accused manifested his intention to apply for probation but the application was filed one day late due to the high volume of clients that prevented mailing it on time. The motion argues that a one day delay does not impair justice and asks the court to consider it based on precedents relaxing technical rules in the interests of substantive justice and deciding cases on their merits rather than technicalities.

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    Sample Motion to Admit

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    Sample Motion to Admit

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    This document is a Motion to Admit filed on behalf of an accused person seeking probation. It summarizes that the accused was found guilty of reckless imprudence resulting in homicide and injuries and sentenced to 1 year, 8 months and 1 day to 4 years, 9 months and 11 days in prison. The accused manifested his intention to apply for probation but the application was filed one day late due to the high volume of clients that prevented mailing it on time. The motion argues that a one day delay does not impair justice and asks the court to consider it based on precedents relaxing technical rules in the interests of substantive justice and deciding cases on their merits rather than technicalities.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    9K views2 pages

    Sample Motion To Admit

    Uploaded by

    John Reyes
    This document is a Motion to Admit filed on behalf of an accused person seeking probation. It summarizes that the accused was found guilty of reckless imprudence resulting in homicide and injuries and sentenced to 1 year, 8 months and 1 day to 4 years, 9 months and 11 days in prison. The accused manifested his intention to apply for probation but the application was filed one day late due to the high volume of clients that prevented mailing it on time. The motion argues that a one day delay does not impair justice and asks the court to consider it based on precedents relaxing technical rules in the interests of substantive justice and deciding cases on their merits rather than technicalities.

    Copyright:

    © All Rights Reserved
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    REPUBLIC OF THE PHILIPPINES

    MUNICIPAL TRIAL COURT


    ___________ JUDICIAL REGION
    _______________________

    PEOPLE OF THE PHILIPPINES,


    Plaintiff,

    -versus- CRIMINAL CASE NO. _________

    _________________________
    Accused.
    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 prision correccional
    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.

    August 25, 2017, ___________.

    __________________________

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