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Sample Motion For Execution and Issuance of Warrant of Arrest

This document is a motion filed in a Philippine regional trial court requesting: 1) Issuance of a writ of execution to enforce a September 5, 2019 decision convicting Angel Gorero of frustrated murder and ordering him to pay 75,000 PHP in damages; 2) Issuance of an arrest warrant as Gorero did not surrender after the decision became final; 3) Other relief under the circumstances. The motion details that Gorero was convicted in absentia and seeks the court's approval to enforce the decision and secure Gorero's custody through a writ of execution and arrest warrant.

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3K views

Sample Motion For Execution and Issuance of Warrant of Arrest

This document is a motion filed in a Philippine regional trial court requesting: 1) Issuance of a writ of execution to enforce a September 5, 2019 decision convicting Angel Gorero of frustrated murder and ordering him to pay 75,000 PHP in damages; 2) Issuance of an arrest warrant as Gorero did not surrender after the decision became final; 3) Other relief under the circumstances. The motion details that Gorero was convicted in absentia and seeks the court's approval to enforce the decision and secure Gorero's custody through a writ of execution and arrest warrant.

Uploaded by

FaridEshwerC.Deticio
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

12th Judicial Region


REGIONAL TRIAL COURT
BRANCH 18
Midsayap, Cotabato

THE PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 06-098


Plaintiff,

-versus- -for-

ANGEL C. GORERO FRUSTRATED MURDER


ALIAS ANGE AND ELISEO
RABILLAS DELA SERNA ,
Accused.
x---------------------------------------------------------------------------------
x

MOTION FOR EXECUTION and for


ISSUANCE OF WARRANT OF ARREST

COMES NOW, the undersigned Prosecutor and unto this Honorable


Court, most respectfully states:

1. That on April 25, 2006, the Honorable Court rendered a Decision


the dispositive portion of which is quoted as follows:

“WHEREFORE, in view of the foregoing, ANGEL CAYACAP


GORERO ALIAS ANGE is hereby CONVICTED of the charge of
FRUSTRATED MURDER. Consequently, he is hereby sentenced to
suffer imprisonment for eight (8) years and one (1) day of prison
mayor, as minimum, up to fifteen (15) years of reclusion temporal
medium, as maximum-there being neither aggravating nor mitigating
circumstances. He is also ordered to pay Anecito Ortado temperate
damages in the amount of Seventy Five Thousand Pesos (Php
75,000.00) Philippine Currency.

xxxx

SO ORDERED”.

2. During the promulgation, accused ANGEL CAYACAP GORERO was


absent without justifiable cause and despite due notice, hence,
judgment proceeded even in his absence.

3. That considering the fact that no appeal and/or reconsideration


has been made by the accused, the said Decision issued by the
Honorable Court dated September 5, 2019, has now become final
and executory.

4. To this date, and despite finality of the decision, the accused has
not surrendered himself to the proper authorities.

5. So as to effectuate the afore-quoted Decision, it is necessary that


a corresponding warrant of arrest be issued against the accused
ANGEL CAYACAP GORERO ALIAS ANGE so that he may commence
the service of his sentence.

WHEREFORE, premises considered, it is most respectfully prayed of


this Honorable Court, that a Writ of Execution be issued for the immediate
enforcement, implementation and execution of the Decision rendered by
the Honorable Court dated September 5, 2019 directing accused ANGEL
CAYACAP GORERO ALIAS ANGE to pay the private complainant in the
total amount of Seventy-Five Thousand Pesos (Php 75,000.00), Philippine
Currency, as damages.

IT IS FURTHER PRAYED that a Warrant for his arrest be issued by


this Honorable Court to secure his immediate custody.

Other reliefs under the foregoing circumstances are likewise prayed


for.

Midsayap, Cotabato, Philippines, January 20, 2019.

_________________
Associate Provincial Prosecutor

NOTICE OF HEARING

ATTY. __________________
PAO, Midsayap, Cotabato

THE BRANCH CLERK OF COURT


Regional Trial Court, Branch 18
Midsayap, Cotabato

G R E E T I N G S:
Kindly submit the foregoing MOTION FOR EXECUTION and for
ISSUANCE OF WARRANT OF ARREST to the Honorable court for his
consideration and approval, without further oral argument.

_______________________
Associate Provincial Prosecutor

Copy furnished:

ATTY. ______________
PAO Midsayap, Cotabato

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