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.
Unfortunately, on that day, the accused could not be located at
the police precinct where he was incarcerated because he had been
transferred to another precinct (or another plausible reason).
3.
Through no fault of the accused, the police failed to inform his
counsel and this Honorable Court of his removal from the previous police
precinct, and thus, he was not informed of the date of the promulgation of
judgment and was not able to be present in court on that date.
4.
Attached to this motion as Annex A is an Affidavit executed
by the police chief in the new precinct attesting to the truth of the foregoing
allegation.
5.
As soon as the accused learned of the promulgation of
judgment without his presence, he asked his counsel and the police in the
new precinct to bring him before this Honorable Court to voluntarily
surrender and submit the instant motion.
6.
This motion showing justifiable cause for the absence of the
accused during promulgation of judgment was filed on ______________,
within the 15-day period allowed under Rule 120, Section 6.
7.
This motion is not intended to delay the proceedings, and is
submitted for the sole purpose of showing justifiable cause for the absence
of the accused during promulgation of judgment as well as manifesting his
voluntary surrender.
PRAYER
WHEREFORE, it is respectfully prayed of this Honorable Court that the
accused ____________ be allowed to avail of any of the post-judgment remedies
such as: motion for new trial, motion for reconsideration, appeal, suspension of
sentence, probation, and parole.
The accused further prays for other remedies as may be just and equitable
under the circumstances.