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    Motion For Reconsideration

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    Florentine T. Garay
    The document is a "Motion for Partial Reconsideration with Prayer for the Release of Accused" filed by the defense counsel for Allan Bachoco on charges of violation of Section 11 of RA 9165. It summarizes that the accused has been detained for over 3 years, has been found mentally fit with no substance abuse issues, and has served more than the maximum penalty imposed. It requests that the court modify the judgment to allow subsidiary imprisonment in lieu of the unpaid fine due to the accused's insolvency and order his release as he has served the full sentence.

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    Motion For Reconsideration

    Uploaded by

    Florentine T. Garay
    1K views2 pages
    The document is a "Motion for Partial Reconsideration with Prayer for the Release of Accused" filed by the defense counsel for Allan Bachoco on charges of violation of Section 11 of RA 9165. It summarizes that the accused has been detained for over 3 years, has been found mentally fit with no substance abuse issues, and has served more than the maximum penalty imposed. It requests that the court modify the judgment to allow subsidiary imprisonment in lieu of the unpaid fine due to the accused's insolvency and order his release as he has served the full sentence.

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    Sample Motion for Reconsideration with prayer for release of accused.

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    Motion for Reconsideration

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    The document is a "Motion for Partial Reconsideration with Prayer for the Release of Accused" filed by the defense counsel for Allan Bachoco on charges of violation of Section 11 of RA 9165. It summarizes that the accused has been detained for over 3 years, has been found mentally fit with no substance abuse issues, and has served more than the maximum penalty imposed. It requests that the court modify the judgment to allow subsidiary imprisonment in lieu of the unpaid fine due to the accused's insolvency and order his release as he has served the full sentence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views2 pages

    Motion For Reconsideration

    Uploaded by

    Florentine T. Garay
    The document is a "Motion for Partial Reconsideration with Prayer for the Release of Accused" filed by the defense counsel for Allan Bachoco on charges of violation of Section 11 of RA 9165. It summarizes that the accused has been detained for over 3 years, has been found mentally fit with no substance abuse issues, and has served more than the maximum penalty imposed. It requests that the court modify the judgment to allow subsidiary imprisonment in lieu of the unpaid fine due to the accused's insolvency and order his release as he has served the full sentence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    You are on page 1of 2

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    10th Judicial Region
    BRANCH 10
    Malaybalay City

    PEOPLE OF THE PHILIPPINES CRIM. CASE NO. 27234-15


    Plaintiff,
    For: VIOLATION OF
    -versus- SECTION 11 OF RA 9165

    ALLAN BACHOCO y JAMEN


    Accused
    x------------------------------------------/

    MOTION FOR PARTIAL RECONSIDERATION WITH


    PRAYER FOR THE RELEASE OF ACCUSED

    ACCUSED MOVANT, by counsel most respectfully states that:

    1. Counsel for the accused received on December 19, 2018 a copy of the
    Judgment dated November 20, 2018 issued by the Honorable Court;

    2. The accused was found by the Honorable Court guilty of the crime
    of violation of Section 12 of RA 9165 and was meted a penalty of Six
    (6) months and One (1) day to Two (2) years, Eleven (11) months,
    and Twenty Nine (29) days of imprisonment, and a fine of P
    10,000.00. Accused is also credited of the period that he is under
    preventive detention1;

    3. The Drug Dependency Examination Report issued on December 13,


    2018 by Dr. Maria Nena M. Radaza-Penaranda, Psychiatrist reveals
    that the accused is mentally fit and diagnosed with “No Substance
    Use Disorder”. The DDE Report was received by the Court on
    December 13, 2018 and attached to the record of the case, a copy
    thereto is hereto appended as Annex “A”;

    4. Counting the date of the detention of the accused from September 5,


    2015 to date, the accused have been in detention for Three (3) years,
    Three (3) months and Fifteen (15) days. The accused likewise earned

    1
    Judgment dated November 20, 2018.

    Page 1 of 2
    good conduct while in detention and for all intents and purposes
    have served his sentence;

    5. The accused is financially in distress, poor and destitute, has no


    property and could not afford the P 10,000.00 fine meted by the
    Honorable Court;

    6. The Judgment has not attained finality and may be modified by the
    Honorable Court to allow subsidiary imprisonment for the unpaid
    fine due to the insolvency of the accused;

    WHEREFORE, it is most respectfully prayed to this Honorable Court


    that the Judgment in the above-entitled case be partially modified to allow
    subsidiary imprisonment for the penalty of P 10,000.00 fine meted by the
    Court. It is likewise prayed that an Order of Release of the accused who
    have served more than the maximum penalty of imprisonment imposed
    by the Honorable Court.

    Other reliefs that are consistent in law and equity are likewise prayed.
    December 20, 2018 in Don Carlos for Malaybalay City, Bukidnon.

    ATTY. FLORENTINE T. GARAY


    Counsel for the Accused/Movant
    Roll No. 65136; IBP Lifetime No. 015158
    PTR No. 6430077, 01-03-2018; TIN-199-588-890
    MCLE Compliance No. VI - 0001711

    F. T. Garay Law Office


    Door 2, FS Garay Bldg., Sayre Highway,
    Don Carlos, Bukidnon 8712
    Mobile No. 09177192662
    Email address: ftgaray@gmail.com

    Copy furnished by personal service to:

    MCP CLAVER C. ARIÑO


    OFFICE OF THE CITY PROSECUTOR
    Hall of Justice, Capitol Grounds
    Malaybalay City, Bukidnon

    Page 2 of 2

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