REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
National Capital Judicial Region
Manila City

People of the Philippines,

Petitioner,

-versus- Criminal Case No.1234

For: Homicide under
Article 249

Dario Aguilar,
Defendant.

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MOTION FOR CONSIDERATION

DEFENDANT DARIO AGUILAR, by counsel, to the Honorable

Court, respectfully states:

1. This is a Motion for Reconsideration of the FINAL JUDGMENT

dated 16 October, 2022, by the Regional Trial Court of Manila of
Criminal Case 1234 for Homicide which found appellant Defendant
Dario Aguilar guilty.

A certified true copy of the Resolution is hereto attached as Annex

“A”.

2. The undersigned counsel received a copy of the Final Judgment on 17

October 2022.

3. The Regional Trial Court ruling stated:

The Regional Trial Court found Dario Aguilar guilty beyond

reasonable doubt of the crime of Homicide under Article 249 of the
Revised Penal Code.

4. The appellant Defendant files this Motion for Reconsideration praying

that the petition be granted by this Honorable Court.

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 5. This petition respectfully submits that the Regional Trial Court of
Manila erred in its decision.

6. Under Article 249 of the Revised Penal Code1:

Art. 249. Homicide. - Any person who, not falling within the
provisions of Article 246, shall kill another, without the
attendance of any of the circumstances enumerated in the next
preceding article, shall be deemed guilty of homicide and be
punished by reclusion temporal. The elements of Homicide are
the following: (a) a person was killed; (b) the accused killed
him without any justifying circumstance; (c) the accused had
the intention to kill, which is presumed; and (d) the killing was
not attended by any of the qualifying circumstances of Murder,
or by that of Parricide or Infanticide.

7. The witness presented by petitioner is not sufficient to prove that it

was appellant defendant who killed Emilia Cruz.

8. Appellant Defendant questions the credibility of the witness testimony

when at the time of the incident there were numerous people in the
park.

9. The witness view was obscured by the panicking people thus she
could have not clearly seen of the accused was the attacker.

PRAYER

WHEREFORE, in view of the foregoing, it is respectfully prayed that

the instant petition be considered by this Honorable Court and other relief be
granted as shall be deemed just and equitable.

Manila City, 20 October 2022.

Atty. Anna Aguilar

Counsel for Appellant
PTR No. xxxx, 06-13-2017 Manila
IBP NO. 86537, 07-15-2017, Manila
Espana, Manila

1
Guillermo Wacoy vs People of the Philippines, G.R. No. 213792, June 22, 2015

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Copy furnished:

Atty. Ryan Agoncillo

Counsel for Plaintiff
PTR No. xxxx, 06-13-2017 Manila
IBP No. 813247, 07-15-2017, Manila
Sampaloc, Manila

EXPLANATION

A copy of the foregoing Motion for Reconsideration was served

through personal service to the plaintiff.

Atty. Anna Aguilar

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