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    Manifestation For Early Setting

    Uploaded by

    Edda Opena
    The accused is charged with simple theft and is requesting an early hearing date to enter a guilty plea. The accused withdrew the not guilty plea and intends to plead guilty, citing extreme poverty and necessity as mitigating circumstances. The accused has already been detained for 4 months, which could be the applicable sentence given the circumstances. Therefore, the motion requests rescheduling the hearing from September 7th to July 27th to determine the possibility of plea bargaining at an earlier date.

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    Manifestation For Early Setting

    Uploaded by

    Edda Opena
    159 views3 pages
    The accused is charged with simple theft and is requesting an early hearing date to enter a guilty plea. The accused withdrew the not guilty plea and intends to plead guilty, citing extreme poverty and necessity as mitigating circumstances. The accused has already been detained for 4 months, which could be the applicable sentence given the circumstances. Therefore, the motion requests rescheduling the hearing from September 7th to July 27th to determine the possibility of plea bargaining at an earlier date.

    Original Description:

    Manifestation for Early Setting for pleabargaining.

    Original Title

    Manifestation for Early Setting

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    © © All Rights Reserved

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    The accused is charged with simple theft and is requesting an early hearing date to enter a guilty plea. The accused withdrew the not guilty plea and intends to plead guilty, citing extreme poverty and necessity as mitigating circumstances. The accused has already been detained for 4 months, which could be the applicable sentence given the circumstances. Therefore, the motion requests rescheduling the hearing from September 7th to July 27th to determine the possibility of plea bargaining at an earlier date.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    159 views3 pages

    Manifestation For Early Setting

    Uploaded by

    Edda Opena
    The accused is charged with simple theft and is requesting an early hearing date to enter a guilty plea. The accused withdrew the not guilty plea and intends to plead guilty, citing extreme poverty and necessity as mitigating circumstances. The accused has already been detained for 4 months, which could be the applicable sentence given the circumstances. Therefore, the motion requests rescheduling the hearing from September 7th to July 27th to determine the possibility of plea bargaining at an earlier date.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    Republic of the Philippines

    6th Judicial Region


    MUNICIPAL TRIAL COURT IN CITIES
    xxx.
    -o0o-

    PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO. xxx


    Complainant,
    For:
    -versus- “SIMPLE THEFT”

    xxxxxxxxx
    A resident of Brgy. xxxxx, xxxx,
    xxx
    Accused.
    x---------------------------------------------------------------------x

    URGENT MOTION FOR


    EARLY SETTING OF HEARING

    COMES NOW, Accused xxxxx, by the Undersigned Attorney, most respectfully


    and states THAT:

    1. The Accused has been charged for SIMPLE THEFT punishable by the
    penalty of prision correccional in its minimum and medium periods, since the
    value of the property stolen is alleged to be valued at Php 750.00.

    2. The Accused xxxxx hereby withdraws his plea of not guilty and offers to enter
    a plea of guilty with a prayer that the circumstance of plea of guilt and
    extreme poverty and necessity be appreciated in his favor in the imposition of
    the penalty.

    3. Thus, in People vs. Macbal, G.R. No. L-48976, October 11, 1943, the trial
    court considered extreme poverty and necessity as a mitigating circumstance
    falling within Article 13 par. 10 of the Revised Penal Code, which authorizes
    the court to consider in favor of an accused “ any other circumstance of a
    similar nature and analogous to those above mentioned.”

    4. As laid down in Article 64 par. 5 of the Revised Penal Code: “ When there are
    two or more mitigating circumstances and no aggravating circumstances are
    present, the court shall impose the penalty next lower to that prescribed by
    law, in the period that it may deem applicable according the number and
    nature of such circumstances.”

    5. Moreover, the alleged stolen property has already been recovered at the time
    of the incident.
    6. Though the undersigned is mindful of the fact that court dockets have been
    burdened of so many cases which greatly affects the scheduling of hearings,
    accused Fernando M. Adolacion is begging the indulgence of the Honorable
    Court to determine the possibility of plea-bargaining at an earlier date than
    September 7, 2017, as he has already been in detention for almost four
    months now – a period of time which could be his applicable sentence given
    the circumstances stated above.

    WHEREFORE, premised on the foregoing considerations, it is most respectfully


    prayed unto this Honorable Court that the September 7, 2017 hearing of the above-
    entitled case be RESCHEDULED on the 27 th day of July, 2017 at 2:00 o’clock in the
    afternoon.

    Other reliefs, just and equitable under the foregoing premises are likewise prayed
    for.

    xxxxx

    By:

    xxxxx
    xxxx
    MCLE Governing Board Order No. 1
    Series of 2008

    Notice of Hearing

    THE CLERK OF COURT


    xxxx

    GREETINGS: Please submit the foregoing motion for consideration and approval of the
    Honorable Court immediately upon receipt hereof without need of further appearance.

    xxxx

    ACP xxxxx
    City Prosecutor’s Office
    xxxx

    GREETINGS: Please take notice that the undersigned is submitting the foregoing
    motion for consideration and approval of the Honorable Court immediately upon receipt
    hereof without need of further appearance.

    2
    xxxx

    Copy Furnished:

    ACP xxxx
    xxxx
    xxx

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