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Republic of The Philippines Quezon City - : Sandiganbayan

The document is a "Motion for New Trial" filed on behalf of the defendant Pedro Delos Santos, arguing that a new trial should be granted based on newly discovered evidence, specifically a confession by Juan Dela Cruz to the same crime for which the defendant was convicted. The confession was made after the conviction and indicates Dela Cruz committed the crime, not the defendant, and would likely result in the defendant's acquittal if introduced at a new trial.

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0% found this document useful (0 votes)
97 views

Republic of The Philippines Quezon City - : Sandiganbayan

The document is a "Motion for New Trial" filed on behalf of the defendant Pedro Delos Santos, arguing that a new trial should be granted based on newly discovered evidence, specifically a confession by Juan Dela Cruz to the same crime for which the defendant was convicted. The confession was made after the conviction and indicates Dela Cruz committed the crime, not the defendant, and would likely result in the defendant's acquittal if introduced at a new trial.

Uploaded by

K
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

SANDIGANBAYAN
Quezon City
--------
First Division

PEOPLE OF THE PHILIPPINES, Criminal Case No. 12345


Plaintiff,

- versus -

PEDRO DELOS SANTOS,


Accused.

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION FOR NEW TRIAL

Defendant by the undersigned counsel and unto this Honorable


Court moves for a new trial of this case on the following:

GROUND

That new material evidence has been discovered which the


defendant could not, with reasonable diligence, have discovered and
produce at the trial, and which if introduced and admitted, would probably
change the judgment of this court.

ARGUMENT

That after judgment of conviction was rendered by this Honorable


Court on January 31, 2015, but before the final entry of said judgment, a
person named Juan Dela Cruz was arrested by the police on February 14,
2012 in connection with the crime of Direct Bribery under Article 210 of the
Revised Penal Code committed some time ago, and during the investigation
of said Dela Cruz, the latter freely and voluntarily confessed to the
commission of the crime of Direct Bribery under Article 210 of the Revised
Penal Code, of which the defendant has been improperly charged and
convicted;

That a true copy of the confession of said Juan Dela Cruz is hereto
attached as Annex “A” and made an integral part of this petition, the
original thereof being in the possession of the police department of Manila
City;

That said Juan Dela Cruz is not known to the defendant and the latter
could not, even with reasonable diligence, have discovered and produced
him or his confession at the trial of this case;

That said confession, if introduced and admitted, will result in the


acquittal of the defendant.

PRAYER

WHEREFORE, it is respectfully prayed that the judgment of conviction


be set aside, a new trial be granted, and new judgment of acquittal
rendered.

Quezon City, January 20, 2018

Atty. Agnes Cruz


Cruz and Pena Law Offices
Counsel for Defendant
Sta. Cruz, Manila
IBP No.: 12345/080919/Manila
PTR No.: 12345/090519/Manila
Roll No.: 12345

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