Sample Motion To it 6c2020

REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT ___________ JUDICIAL REGION _______________________ PEOPLE OF THE PHILIPPINES, Plaintiff,

-versus-

CRIMINAL CASE NO. _________

_________________________ Accused. x-------------------------------------------x

MOTION TO IT 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 istration 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 istration 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 comion 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 it 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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