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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
Branch 1, Davao City

People of the Philippines,

- versus -
CRIMINAL CASE NO. 02-199883
FRANCIS A. ALPAS,
Accused.
x - - - - - - - - - - - - - - -x

MOTION TO LIFT WARRANT OF ARREST

ACCUSED, through counsel, respectfully moves for the lifting of the Order for issuance
of warrant for his arrest issued on August 15, 2017 (copy of which is hereto attached as Annex
"A") on the following grounds:

1. Accused was never served a copy of the complaint filed against him. The records will
show that he did not receive it nor was it received by a duly authorized representative. A
copy of the sheriff's return is hereto attached as Annex "B";

2. The records will show that the accused was never served any copy of a subpoena or
notice of hearing at any stage of the proceedings. All notices appear to have been delivered
in a business establishment used to be rented by the accused in the past which had already
been closed and unoccupied long before the process was served;

3. Accused was likewise not served a notice of arraignment;

4. Accused was therefore, not given an opportunity to be heard and effectively deprived of
his constitutional right to due process.

5. The Warrant of Arrest was issued without probable cause considering that the accounts
of the complainants and the witnesses were incredible as they were laden with
inconsistencies and improbabilities.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court


to reconsider its Order of August 15, 2017 and lift the warrant of arrest issued against accused.

Other just and equitable remedies are likewise prayed for.

Davao City, August 15, 2017.


Respectfully submitted.
ATTY. STEPHEN JULIAN
Counsel for the Accused
NOTICE OF HEARING

THE BRANCH CLERK OF COURT


Regional Trial Court, Branch
Davao City

PROSECUTOR JOSEPH JEBON S. LICAYAN


Office of the City Prosecutor, Davao City

Greetings!

Please take notice that the undersigned counsel will submit the foregoing Motion to lift the
Warrant of Arrest of the accused, Francis A. Alpas, issued by Honorable Judge ____ of Branch__,
Regional Trial Court on August 15, 2017 at 8:30 in the morning for its favorable consideration and
approval.

Copy furnished by personal service:

PROSECUTOR JOSEPH JEBON S. LICAYAN


Office of the City Prosecutor, Davao City