7/21/2019 Motion to Avail of Postjudgment Remedies

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MOTION TO AVAIL OF POST-JUDGMENT REMEDIES

COMES NOW  the accused ____________, assisted by counsel, and unto

this Honorable Court most respectfully states that:

1. On _____________, this Honorable Court promulgated

 judgment finding the accused guilty beyond reasonable doubt of Robbery.

2. nfortunately, on that day, the accused could not be located at

the police precinct !here he !as incarcerated because he had been

transferred to another precinct "or another plausible reason#.

$. %hrough no fault of the accused, the police failed to inform his

counsel and this Honorable Court of his remo&al from the pre&ious police precinct, and thus, he !as not informed of the date of the promulgation of

 judgment and !as not able to be present in court on that date.

'. (ttached to this motion as (nne) *(+ is an (ffida&it e)ecuted

 by the police chief in the ne! precinct attesting to the truth of the foregoing

allegation.

. (s soon as the accused learned of the promulgation of

 judgment !ithout his presence, he as-ed his counsel and the police in thene! precinct to bring him before this Honorable Court to &oluntarily

surrender and submit the instant motion.

. %his motion sho!ing justifiable cause for the absence of the

accused during promulgation of judgment !as filed on ______________,

!ithin the 1/day period allo!ed under Rule 120, ection .

. %his motion is not intended to delay the proceedings, and is

submitted for the sole purpose of sho!ing justifiable cause for the absenceof the accused during promulgation of judgment as !ell as manifesting his

&oluntary surrender.

PRAYER 

WHEREFORE , it is respectfully prayed of this Honorable Court that the

accused ____________ be allo!ed to a&ail of any of the post/judgment remedies

such as: motion for ne! trial, motion for reconsideration, appeal, suspension of

sentence, probation, and parole.

%he accused further prays for other remedies as may be just and e3uitable

under the circumstances.