The accused was mistakenly arrested and detained despite the criminal case against her being archived after the parties reached an amicable settlement in mediation. The motion requests the immediate release of the accused since she had previously been released on bail, the bond was returned, and the case was ordered archived by the court based on the settlement. It provides supporting documents showing the previous release on bail, order archiving the case after settlement, order of arrest in error, and certificate of current detention. The motion prays that the court issue an order for the accused's immediate release.
The accused was mistakenly arrested and detained despite the criminal case against her being archived after the parties reached an amicable settlement in mediation. The motion requests the immediate release of the accused since she had previously been released on bail, the bond was returned, and the case was ordered archived by the court based on the settlement. It provides supporting documents showing the previous release on bail, order archiving the case after settlement, order of arrest in error, and certificate of current detention. The motion prays that the court issue an order for the accused's immediate release.
The accused was mistakenly arrested and detained despite the criminal case against her being archived after the parties reached an amicable settlement in mediation. The motion requests the immediate release of the accused since she had previously been released on bail, the bond was returned, and the case was ordered archived by the court based on the settlement. It provides supporting documents showing the previous release on bail, order archiving the case after settlement, order of arrest in error, and certificate of current detention. The motion prays that the court issue an order for the accused's immediate release.
The accused was mistakenly arrested and detained despite the criminal case against her being archived after the parties reached an amicable settlement in mediation. The motion requests the immediate release of the accused since she had previously been released on bail, the bond was returned, and the case was ordered archived by the court based on the settlement. It provides supporting documents showing the previous release on bail, order archiving the case after settlement, order of arrest in error, and certificate of current detention. The motion prays that the court issue an order for the accused's immediate release.
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URGENT MOTION TO RELEASE THE ACCUSED Page 1 of 3
Republic of the Philippines
11th Judicial Region MUNICIPAL TRIAL COURT IN CITIES Branch 03 General Santos City
PEOPLE OF THE CRIMINAL CASE NO.
PHILIPPINES 55231-3 Plaintiff, -for- -versus- VIOLATION OF BP BLG. 22 MARIA LYN PABICO, Accused. X-------------------------------------x
URGENT MOTION TO RELEASE THE ACCUSED
ACCUSED, through the undersigned counsel, and unto this
Honorable Court, most respectfully avers that:
1. Accused in the instant case was released bail on 12 October
2018;1
2. Thereafter, the civil aspect of the instant case was referred
to Philippine Mediation Center, and an amicable settlement has been reached by parties;
3. Said amicable settlement was confirmed by parties, thru
during the hearing conducted on 09 August 2019. In consideration thereto, the Honorable Court ordered the instant case ARCHIVED;2
4. The bond posted for the accused, was likewise, ordered
returned to the name of the payor in O.R. No. 8561804C dated 12 October 2018;3
5. Surprisingly, by virtue of an Order of Arrest dated 08
February 2019,4 issued by this Honorable Court for the same case, accused was mistakenly arrested and was placed on detention5 at Police Station Nr. 4, today, 28 August 2019; 1 Annex A: Release Order dated 12 October 2018, with Cash Bond of PhP2,000.00, OR No. 8561804C 2 Annex B: Order dated 09 August 2019 3 Please see 2nd Paragraph of Annex B: Order dated 09 August 2019 4 Annex C: Order of Arrest dated 08 February 2019 5 Annex D: Certificate of Detention issued by PMaj. Alex P. Lenestoza URGENT MOTION TO RELEASE THE ACCUSED Page 2 of 3
PRAYER
WHEREFORE, it is most respectfully prayed of the Honorable
Court to ISSUE AN ORDER FOR THE IMMEDIATE RELEASE OF THE ACCUSED.
Other reliefs, just and equitable under the premises, are
likewise prayed for.
MOST RESPECTFULLY SUBMITTED, this 28 August 2019 at
General Santos City, South Cotabato, Philippines.
STEPHANY A. VELASCO Counsel for Accused Roll No. 67675 PTR No. 8411630; 03-Jan-2019; GSC IBP No. 072193; 25-Jan-2019; GSC TIN 495-447-136 MCLE Compliance Exempt per OCA Cir. No. 76-2008 Email address: [email protected] IBP Soc-Gen Chapter
