REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
BRANCH 153, PASIG CITY

PEOPLE OF THE PHILIPPINES

Complainant, CRIM. CASE NO. 22-02728-CR
FOR VIOLATION OF: BP 22
-versus-

NELFA L. FUENTES
Accused.
xx------------------------------------xx

MOTION TO LIFT WARRANT OF ARREST

Accused, Nelfa L. Fuentes (Accused), unto the Honorable Court, most

respectfully prays for the lifting of the Bench Warrant by virtue of the Order
dated 5th October, 2022, and in support thereof, most respectfully states:
1. That the failure of the Accused to appear on set hearing before the
Honorable Court Branch 153 was not to her fault as she never knew
anything about a court hearing.
2. In fact, she filed a Counter-Affidavit (Attached as Annex “1”) to the
Complaint against her before the Pasig Prosecutor’s Office.
3. As such, she was actually waiting for the Resolution of the Pasig
Prosecutor’s Office.
4. To this date, the Accused have yet to receive the Pasig Prosecutor’s
Resolution.
5. Without the said Resolution, the Accused have no way to know whether
the Complaint filed against her made its way up to the Courts of Justice.
6. More so that the Accused will have the way to know of any schedule for
the hearing of the case against her which will give her time to
intelligently prepare and defend herself.
7. Without such court processes to inform the Accused of anything about
the case filed against her like the schedule of hearings, her
Constitutional right to due process of law was clearly violated.
8. It is not of the Accused intention to avoid answering the Complaint
against her.
9. As has been said, the Accused in fact filed her Counter-Affidavit
precisely to answer the unfounded accusations against her.
10. It is therefore too much that the Accused be arrested for the
simple fact that she failed to appear on the set hearing without even
considering such inadvertent failure to appear.

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11. The Accused is not a fugitive of justice. Now that she has
knowledge that the Complaint against her was before the MTC, and the
next scheduled hearing, rest assured that she will appear on that time.
WHEREFORE, in view of the foregoing, it is most respectfully prayed
unto the Honorable Court that the Bench Warrant be lifted.
Other reliefs just and equitable are likewise prayed for.
18 November, 2022. Caloocan City.
th

Nelfa L. Fuentes
Accused
#39 Zapote Street, C10 Bagong Barrio, Caloocan City

Copy Furnished:
ACP Dianeth D.L. Valencia
Office of the City Prosecutor
7th Flr., Hall of Justice
Pasig City

Elma Jimenez
33 Orange Street, Apple Village 1
San Juan, Cainta, Rizal 1900

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