Republic of the PhilippinesREGIONAL TRIAL COURT
First Judicial Region
Branch 29
San Fernando City, La Union
PEOPLE OF THE PHILIPPINES
Plaintiff,
Criminal Case No. 7666 to
7671-versus-
FOR:ERNESTO GALERA,
QUALIFIED THEFTAccused.
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MOTION FOR NEW TRIAL WITH BAILNOW COMES the accused through his
undersigned counsel unto this Honorable Court respectfully moves
that the decision of this Honorable Court on the Motion for
Reconsideration dated March 1, 1987 and received on March 7, 1988
by the accused on the above entitled case, the dispositive portion
of the decision states:
be set aside and new trial be granted on the ground of newly
discovered evidence to wit:
1. Since said date or receipt of the judgment and before the
period to appeal therefrom has lapsed, the accused discovered a new
evidence and would like to present it on trial.2. That such
evidence was inadvertently discovered after the Honorable Court had
rendered judgment on this case due to circumstances not
attributable to the accused;3. The newly discovered evidence
consist of the following:
1. The Affidavit of Recantation of Rosita Villa;2. The Medical
Certificate of Rosita Villa stating among others that she is
suffering from sickness of the mind particularly on the recall of
events known as Alzheimers Disease;
3. The Affidavit of an Expert on Handwriting
4. The affidavit of Rosita Villa, by who such newly discovered
evidence is expected to be given, is attached hereto as Annex 1.
While it is true that the courts look down on recantation as this ,
the Supreme Court did not absolutely do so. In the case of 5. Duly
authenticated documents, which are proposed to be introduced in
evidence, are attached hereto as Annexes 2 and 3.
6. The above newly discovered evidence would probably alter the
results of this case.
PRAYERWHEREFORE, in view of the foregoing, the accused prays
that the decision be reconsidered, the case re-opened for new
trial, the accused be allowed to present his newly discovered
evidence thereat, and thereafter judgment be rendered in favor of
defendant.The accused further prays that he be released on bail
upon the same bail posted by the accused upon favorable judgment of
this Honorable Court of the herein Motion for New Trial.Other
reliefs just and equitable are likewise prayed for.
January 17, 2013. San Fernando City, La Union, Philippines.
GILBERT R. HUFANA
Counsel
Roll No. 61392
IBP No. 897923 (01.02.2013)
PTR No. 7843058 (01.02.2013)
Block 1 Lot 16 Manna Residences
Pagdaraoan, San Fernando City 2500
NOTICE OF HEARING
The Branch Clerk of Court
Branch 29, First Judicial Region
San Fernando City, La Union
Greetings: Please take notice that the foregoing Motion for New
Trial with Bail in this case shall be submitted for the
consideration and approval of the Honorable Court on ____________
or as soon as counsel and matter may be heard.
GILBERT R. HUFANA
Copy furnished:
Office of the City Prosecutor
San Fernando City, La Union
Office of the City Prosecutor
San Fernando City, La Union
EXPLANATION
Copy of the foregoing motion was served upon the Private
Prosecutor (ALONSO AND ALONSO ASSOCIATES) by registered mail.
Personal service not being practicable at the present time, due to
the messengerial constraints caused by distance between our
offices.
GILBERT R. HUFANA
PP vs. Ernesto Galera
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