REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

___________ JUDICIAL REGION
_______________________

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- CRIMINAL CASE NO. _________

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

MOTION TO ADMIT

The accused, through counsel and unto this Honorable Court, most
respectfully states that:

1. The Honorable Court promulgated its decision on the above-captioned

case on August 9, 2017, finding the accused guilty beyond reasonable
doubt of the crime of Reckless Imprudence Resulting in Homicide and
Less Serious Physical Injuries and sentencing him to suffer the
indeterminate penalty of 1 year, 8 months and 1 day of arresto mayor
as minimum to 4 years, 9 months and 11 days of prision correccional
as maximum.

2. On the same date, the accused, through the undersigned counsel,

manifested in open court his intention to apply for probation and avail
the benefits of Probation Law of 1976.

3. The accused had fifteen (15) days from the promulgation of the decision
or until August 24, 2017 to file an Application for Probation.

4. The undersigned counsel, on August 24, 2017, prepared the Application

for Probation on behalf of the accused. A copy thereof was likewise
served and duly received by the Office of the Provincial Prosecutor,
_________________. However, due to the unusually high number
clients that day, the aforementioned Application for Probation was not
immediately mailed.

5. It was only later that afternoon, after attending to all clients, that our
staff had the opportunity to go to the Post Office. Unfortunately, the
 Post Office was already closed when he arrived, hence, the Application
for Probation was not mailed that day.

6. The delay of one (1) day in the filing of the Application for Probation
is not intended to undermine the speedy and proper administration of
justice. The reason for the delay was beyond the control of the accused
and the undersigned counsel.

7. In several cases decided by the Supreme Court, the High Court relaxed
the stringent application of technical rules in the exercise of its equity
jurisdiction. In Ligon v. Court of Appeals, it was held “that courts
should not be so strict about procedural lapses that do not really impair
the proper administration of justice. After all, the higher objective of
procedural rule is to insure that the substantive rights of the parties are
protected. Litigations should, as much as possible, be decided on the
merits and not on technicalities. Every party-litigant must be afforded
ample opportunity for the proper and just determination of his case, free
from the unacceptable plea of technicalities.”

8. The accused is asking for compassion and is hoping that a mere one (1)
day delay would merit the consideration of the Honorable Court.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court,

that this Motion to Admit and the accused’s Application for Probation be
granted.

Accused prays for such other reliefs that are just and equitable under
the premises.

August 25, 2017, ___________.

__________________________