The accused, Eugenio Padernal y Gumawa, who was charged with attempted murder, filed an ex-parte motion to be released from detention. The case against the accused was provisionally dismissed on November 20, 2018 due to the failure of the complainant to appear in court despite notice. More than 60 days have passed since the case was dismissed. Therefore, the accused requested an order from the court directing the warden to immediately release him from detention.
The accused, Eugenio Padernal y Gumawa, who was charged with attempted murder, filed an ex-parte motion to be released from detention. The case against the accused was provisionally dismissed on November 20, 2018 due to the failure of the complainant to appear in court despite notice. More than 60 days have passed since the case was dismissed. Therefore, the accused requested an order from the court directing the warden to immediately release him from detention.
The accused, Eugenio Padernal y Gumawa, who was charged with attempted murder, filed an ex-parte motion to be released from detention. The case against the accused was provisionally dismissed on November 20, 2018 due to the failure of the complainant to appear in court despite notice. More than 60 days have passed since the case was dismissed. Therefore, the accused requested an order from the court directing the warden to immediately release him from detention.
The accused, Eugenio Padernal y Gumawa, who was charged with attempted murder, filed an ex-parte motion to be released from detention. The case against the accused was provisionally dismissed on November 20, 2018 due to the failure of the complainant to appear in court despite notice. More than 60 days have passed since the case was dismissed. Therefore, the accused requested an order from the court directing the warden to immediately release him from detention.
Plaintiff, CRIM. CASE NO. C-104701 -versus- For: Attempted Murder in rel. to Sec. 5(a), RA 9262 EUGENIO PADERNAL y GUMAWA, Accused. x--------------------------------------------x
EX-PARTE MOTIONTO RELEASE
ACCUSED FROM DETENTION COMES NOW, accused EUGENIO PADERNAL y GUMAWA, assisted by the Public Attorney’s Office, through the undersigned Public Attorney, and unto this Honorable Court, most respectfully states that: 1. The above-named accused was charged with Criminal Case No. C-104701 for Attempted Murder in relation to Section 5(a), RA 9262 before this Honorable Court.
2. During the hearing of the instant case on November 20, 2018, the case was dismissed provisionally for failure of the complainant to appear despite notice, as stated in the Order dated November 20, 2018.
3. A copy of the Order dated November 20, 2018 has already been furnished to complainant Kenny Rose Panis. Moreover, more than 60 days has passed since the instant case has been provisionally dismissed.
4. In view thereof, the accused now moves that he be released immediately from detention.
PRAYER WHEREFORE, premises considered, it is most respectfully prayed of the Honorable Court to issue an Order directing the warden of the Caloocan City Jail to immediately release the accused from detention. Other reliefs, just and equitable, are likewise prayed for. Caloocan City, Metro Manila, January 23, 2019.
