Republic of The Philippines Regional Trial Court National Capital Judicial Region Branch 105 People of The Philippines

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Republic of the Philippines

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
Branch 105

PEOPLE OF THE PHILIPPINES


Plaintiff,

- versus – R

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

TO RECALL WITNESS

PRIVATE COMPLAINANT, , by undersigned counsel and through this


honorable court most respectfully states that:

1. On 16 September 2019, witness, , was presented and his


testimony was concluded on the same day;

2. Said testimony of the witness centered on the criminal aspect


without giving him the occasion to testify on the civil aspect of the case
herein;

3. The reason for the said occasion was that on the date of the
scheduled hearing, or on 16 September 2019, the prosecution had intended
to present the SOCO Team Leader, PSI town in Isabela to attend the said
hearing;

4. To maximize said private complainant’s presence and to


maximize the prosecution’s limited settings for presentation of prosecution
evidence, Nicasio Capili was presented on said date;

5. Initially, to prove the claims for the civil aspect of the case,
prosecution intended to present the victim’s cousin, Christopher, who had
personal knowledge of the expenses that complainants had incurred;

6. However, prosecution learned that there were numerous receipts


and list of expenses that were incurred by the private complainant in the
amount of more or less Two Hundred Thousand Pesos (P200,000.00),
including but not limited to, payment for the wake, burial, and travel
expenses, among others, which receipts and list of expenses are intended to
be presented during the course of trial;

7. Furthermore, the prosecution may have a difficulty in presenting


said for the reason that for the four (4) times he attended the scheduled
hearings for trial, he was only allowed to leave early or to come late at his
present work and the prosecution was informed that he may not be allowed
to do such anymore under the pain of penalty from his work;

8. Therefore, in the interest of justice and in order to afford the


private complainant full opportunity to present his case, private complainant
should be given an opportunity to testify on the claims as stated above.

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

RESPECTFULLY SUBMITTED.
Quezon City, 7 September 2019.

Public Attorney’s Office


Quezon City

GREETINGS:

Please take notice that the undersigned will submit the foregoing
motion for the consideration and approval of the Honorable Court on
October 7, 2019 at 10:00am or as soon as thereafter as the parties may be
heard.

Copy furnished:

THE BRANCH CLERK OF COURT


RTC-Branch 16
Malolos City, Bulacan

Public Attorney’s Office


Quezon City

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