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    Ex-Parte Motion For Issuance of Hold Departure Order

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    Attyamg
    The document is a motion filed in a Philippine regional trial court requesting: 1) Issuance of a hold departure order against accused Moises Fernandez to prevent him from leaving the country, as he failed to appear for his sentencing and his whereabouts are unknown. 2) A certified true copy of the alias warrant of arrest issued against Fernandez for his immediate apprehension to serve his prison sentence of 9-10 years for multiple crimes. 3) The motion was filed with the conformity of the public prosecutor and prays that the court issue the hold departure order and provide the arrest warrant copy.

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    Ex-Parte Motion For Issuance of Hold Departure Order

    Uploaded by

    Attyamg
    28 views4 pages
    The document is a motion filed in a Philippine regional trial court requesting: 1) Issuance of a hold departure order against accused Moises Fernandez to prevent him from leaving the country, as he failed to appear for his sentencing and his whereabouts are unknown. 2) A certified true copy of the alias warrant of arrest issued against Fernandez for his immediate apprehension to serve his prison sentence of 9-10 years for multiple crimes. 3) The motion was filed with the conformity of the public prosecutor and prays that the court issue the hold departure order and provide the arrest warrant copy.

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    The document is a motion filed in a Philippine regional trial court requesting: 1) Issuance of a hold departure order against accused Moises Fernandez to prevent him from leaving the country, as he failed to appear for his sentencing and his whereabouts are unknown. 2) A certified true copy of the alias warrant of arrest issued against Fernandez for his immediate apprehension to serve his prison sentence of 9-10 years for multiple crimes. 3) The motion was filed with the conformity of the public prosecutor and prays that the court issue the hold departure order and provide the arrest warrant copy.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    28 views4 pages

    Ex-Parte Motion For Issuance of Hold Departure Order

    Uploaded by

    Attyamg
    The document is a motion filed in a Philippine regional trial court requesting: 1) Issuance of a hold departure order against accused Moises Fernandez to prevent him from leaving the country, as he failed to appear for his sentencing and his whereabouts are unknown. 2) A certified true copy of the alias warrant of arrest issued against Fernandez for his immediate apprehension to serve his prison sentence of 9-10 years for multiple crimes. 3) The motion was filed with the conformity of the public prosecutor and prays that the court issue the hold departure order and provide the arrest warrant copy.

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    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    NATIONAL CAPITAL JUDICIAL REGION

    PEOPLE OF THE PHILIPPINES,

    -x
    EX-PARTE MOTION FOR
    ISSUANCE OF HOLD DEPARTURE ORDER (with Request
    for the Certified True Copy of the Warrant of Arrest)

    PRIVATE COMPLAINANT, through the undersigned


    counsel, with the conformity of the Honorable Public Prosecutor unto
    this Honorable Court, most respectfully states that:

    1. On September 9, 2020, the above-entitled cases were


    In view thereof, Accused Moises Fernandez y Sanchez is
    sentenced as follows:

    a.) In Criminal Case No. MC16-


    17006, to suffer the
    indeterminate penalty of
    imprisonment from NINE (9)
    YEARS, FOUR (4) MONTHS
    and ONE (1) DAY to TEN
    (10) YEARS and EIGHT (8)
    MONTHS, medium period of
    prision mayor in its medium
    and maximum periods and to
    indemnify private
    complainant the amount of
    EIGHTY-THREE
    THOUSAND PESOS (PHP
    83,000.00), as and by way of
    actual damages;

    b.) In Criminal Case No. MC16-


    17241, to suffer the
    indeterminate penalty of
    imprisonment from NINE (9)
    YEARS, FOUR (4) MONTHS
    and ONE (1) DAY to TEN
    (10) YEARS and EIGHT (8)
    MONTHS, medium period of
    prision mayor in its medium
    and maximum periods and to
    indemnify private
    complainant the amount of
    FIFTY-FIVE THOUSAND
    PESOS (PHP 55,000.00), as
    and by way of actual
    damages;

    c.) In Criminal Case No. MC16-


    17242, to suffer the
    indeterminate penalty of
    imprisonment from NINE (9)
    YEARS, FOUR (4) MONTHS
    and ONE (1) DAY to TEN
    (10) YEARS and EIGHT (8)
    MONTHS, medium period of
    prision mayor in its medium
    and maximum periods and to
    indemnify private
    complainant the amount of
    FIFTY-FIVE THOUSAND
    PESOS (PHP 55,000.00), as
    and by way of actual
    damages;

    d.)In Criminal Case No. MC16-


    17243, to suffer the
    indeterminate penalty of
    imprisonment from NINE (9)
    YEARS, FOUR (4) MONTHS
    and ONE (1) DAY to TEN
    (10) YEARS and EIGHT (8)
    MONTHS, medium period of
    prision mayor in its medium
    and maximum periods and to
    indemnify private
    complainant the amount of
    SIXTY-EIGHT THOUSAND
    PESOS (PHP 68,000.00), as
    and by way of actual
    damages;

    SO ORDERED.
    City of Mandaluyong, Philippines, March 13, 2020.

    2. In said promulgation, Accused Fernandez failed to appear


    despite notice, thus, the Court issued an alias warrant of arrest for the
    immediate apprehension of the Accused for him to serve the sentence
    imposed upon him in the aforesaid joint judgment;

    3. However, until this date, the Accused was not yet


    apprehended and his whereabouts are unknown. Further,
    considering that there is already a judgment of conviction there is
    more reason to believe that accused may flee to avoid being made to
    answer the crimes proven;

    4. Moreover, the prosecution respectfully requests for the


    certified true copy of the alias warrant of arrest issued against
    Accused Moises Fernandez for the latter’s immediate apprehension.

    PRAYER

    WHEREFORE, premises considered, it is most respectfully


    prayed of this Honorable Court the issuance of a Hold Departure
    Order against the herein Accused
    likewise prayed for.

    City of Manila for Mandaluyong City, January ___, 2021.


    Roll

    WITH CONFORMITY:

    ____________________________
    ACP Public Prosecutor

    NOTIFICATION AND COPY FURNISHED:

    THE BRANCH CLERK OF COURT


    Regional Trial Court, Branch 213
    Mandaluyong City

    OFFICE OF THE CITY PROSECUTOR


    Mandaluyong City
    PUBLIC ATTORNEY’S OFFICE (PAO)
    Mandaluyong City

    Greetings!

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