Republic of the Philippines REGIONAL TRIAL COURT Region III Branch 16, City of San Fernando PEOPLE OF THE

PHILIPPINES, Plaintiff, - versus ASHEN THARUKA, Accused, x ---------------------------------------------- x MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION Accused, through undersigned counsel, to this most Honorable Court, respectfully states that: 1. On 15 August 2012, the Honorable Court rendered a Decision in the above-entitled case finding the accused herein guilty beyond reasonable doubt for the crime of Violation of BP Blg. 22. 2. Said Decision was promulgated in open court on 16 September 2013 at 2:45 in the afternoon. However, accused was unable to attend said promulgation due to various health reasons. 3. The accused humbly apologizes for any unnecessary inconvenience caused to the Honorable Court. Accused also humbly pleads for the indulgence and leniency of the Honorable Court in the interest of justice and equity. 4. On 10 August 2012, accused was admitted at Jose B. Lingad Medical Center for Lymes Disease and was confined therein for two (2) weeks. Accused was discharged only on 24 August 2012. 5. Therefore, the accuseds absence from the said court hearing was due to his confinement. Rest assured that the accused had no intention to purposely not to attend the promulgation of judgment in the above-entitled case. 6. It is submitted that it is within the discretion of the Honorable Court to grant this motion for leave to avail of the post-conviction remedies and admit the attached motion for reconsideration without prejudicing the rights of any party. Criminal Case No. 696-13 FOR: Violation of BP Blg. 22

PRAYER WHEREFORE, it is respectfully and humbly prayed that the Honorable Court grant the accused the leave to file Motion for Reconsideration. Other reliefs and remedies just and equitable under the premises are likewise humbly prayed for. 25 August 2012, City of San Fernando, Philippines. (Sgd.) Atty. Rommelito Francisco E. Macarayo Counsel for the Accused 13-69 Barracks Building, Marikina IBP NO. 87123-7/19/12-AC PTR NO. 669913/21/12-AC Roll No. 99998 MCLE Exempt (Admitted to the bar: April 6, 2012) NOTIFICATION AND COPY FURNISHED: ANTONIO ANTONIO L. SANTOS City Prosecutor City of San Fernando Pampanga Maxine Levine Private Complainant The Branch Clerk of Court RTC Branch 16 City of San Fernando Pampanga Greetings! Please take notice that the foregoing Motion shall be submitted for the consideration and resolution of the Honorable Court on 30 August 2012 at 9:45 A.M., or as soon as counsel and matter may be heard. Atty. Rommelito Francisco E. Macarayo

EXPLANATION The foregoing Motion is being filed with this Honorable Court and served on the opposing counsel by registered mail in view of the impracticability of personal filing and service due to distance considering that the office of this Honorable Court is at the City of San Fernando, while undersigned counsel holds office in Marikina. Atty. Rommelito Francisco E. Macarayo COPY FURNISHED: Atty. Antonio Antonio L. Santos City Prosecutor City of San Fernando Pampanga