Republic of the Philippines

____________ Judicial Region

________________ TRIAL COURT

Branch _____, _____________, _____________

MOTION TO LIFT BENCH WARRANT

Accused, ___________________________, through the undersigned counsel, respectfully states that:

1. The Honorable Court issued a Bench Warrant of Arrest dated _______________, 20____ directing the apprehension of accused for failure to appear during the Pre-Trial on June 17, 2016.

2. The records of the case would show that accused was not personally informed of the supposed pre-trial setting on the said date, resulting in his absence.

3. The Notice of Pre-Trial was sent through registered mail to the address of the accused but per Registry Return Receipt, a certain Pedro Juan, a "security guard", received the same on June 2, 2016.

4. The said Notice of Pre-Trial was never turned over by the said Pedro Juan to accused.

5. Accused sincerely apologizes to this Honorable Court and the other party for whatever inconveniences his actions may have caused.

6. Accused most respectfully begs this Honorable Court to immediately lift the bench warrant in the interest of substantial justice.

7. Accused shall endeavor to attend all succeeding hearings in the above-captioned case. If accused anticipates that he may not be able to appear for just and valid reasons, he shall immediately inform this Honorable Court.

8. This motion is not intended to delay the proceedings of this case but solely for the reasons stated above.

WHEREFORE, premises considered and in the interest of substantial justice, it is respectfully prayed that the Bench Warrant of Arrest dated _______________, 20____, issued by the Honorable Court against accused be lifted.

Other just and equitable remedies are likewise prayed for.

(place) , (date) .

ATTY. ___________________________

Counsel for the Accused

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court, Branch 43

Manila

PROSECUTOR ___________________________

Office of the City Prosecutor, Manila

ATTY. ___________________________

Private Prosecutor

2233 Zamora Street, Pasay City

Please be notified that the undersigned will submit the foregoing motion for the consideration and approval of the Court on _________________ at ______________.

(place) , (date) .

ATTY. ___________________________

Counsel for the Accused

Copy furnished by personal service:

PROSECUTOR ___________________________

Office of the City Prosecutor, Manila

ATTY. ___________________________

Private Prosecutor

2233 Zamora Street, Pasay City