7. Motion for reconsideration.

A motion for reconsideration (or motion

to reconsider) is a legal filing where a
party to a lawsuit requests the court to
review a prior decision and consider
issuing a new or different decision in light
of that review.
Sample of Motion for Reconsideration
Republic of the Philippines
_______________________________________
________________________
_______________________________ Criminal Case No. ________
Complainant, For________________________
-versus-
___________________________
Accused,
X -----------------------------------------x

MOTION FOR RECONSIDERATION

COMES NOW the complainant by the undersigned attorney and within the reglementary period prescribed
by the Rules of court hereby files this motion for reconsideration from the judgement of rendered by
__________________ of and if produce will _____________ by virtue of newly found evidence which was not
obtained during the trial of this case and if produce will substantially affect the decision of the Honorable Court, to
wit:
a. Newly found evidence
b. New vital witness
PRAYER
WHEREFORE, it is most respectfully prayed that the instant petition be considered by the Honorable Court
and further grant the complaint other relief be granted as shall be deemed just and equitable in the premise
_________________, ____________________________, ________________.
 ___________________________
(Attorney for the Complainant)
____________________________
( Address )

Copy hereof received ________ this

_____________ day of ________, ___________
______________________________
( Counsel for the Accused )
_________________________________
( Prosecutor on Case )

EXPLANATION
( Proof of Service )

__________________________
( Attorney for the Complainant )
______________________________
( Address )
 Official Notices
Official notices may be in the forms of the following:
1. Summons/Appearance Notice,
2. Subpoena,
3. Warrant of Arrest, and
4. Search Warrant.
Exemplified below are the description and examples of
each form:
a. Summons/Appearance Notices. Appearance
notice and summons are official notices
telling a person that he/she has to appear in
court at a specific time and place to answer
to a criminal charge. Usually, a police officer
gives the appearance notice, and a summons
received in the mail.
• Specifically, an appearance notice is given to a
person before he/she is charged with an offense,
while summons is given to a person who has already
been charged with an offense.
• The appearance notice or summons tells a person of
the date he/she has to appear in court, the location
of the court, and the types of offenses he/she is
charged with such as:
• The Summary Conviction Offenses which are minor
offenses like causing a disturbance or shoplifting, and
the Indictable Offenses which are more serious, like
murder, sexual assault, breaking and entering.
• In cases where the second paragraph of the appearance
notice or summons is filled out, the addressee has to go
to the police station to be fingerprinted and
photographed. If a person fails to go, a warrant of arrest
may be issued for his/her arrest. It is advisable to get a
legal advice or speak to a lawyer right away if one
receives an appearance notice or summons.
Sample form of Summons from the Clerk of Court
REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT
BRANCH 3
MANDAUE CITY
_________________________
Plaintiff CIVIL CASE NO. 6330
--versus-- FOR: COLLECTION OFSUM OF
MONEY & ATTY’S FEE
__________________
Defendant(s)
x---------------------------------/
 SUMMONS
TO:
You are hereby informed that the Rules on Summary Procedure shall
apply in the above-entitled case. Thus, you are hereby required to answer the
complaint duly served upon you within TEN (10) DAYS FROM SERVICE thereof.
Should you fail to answer the complaint within the reglementary period stated
herein, the Court will enter judgment against you by default and grant the
demand or relief applied for in said complaint.
Witness the Honorable _______________, Presiding Judge of this court,
this ________day of ______ 20______.

______________________
Clerk of Court
SAMPLE form of Summons from PLEB
Republic of the Philippines
Province of ______
PEOPLE’S LAW ENFORCEMENT BOARD
______________________________
(City/Municipality)
_______________________ Admin. Case No.
______________
Complainant,
-versus-
_______________________ For:
_________________
Respondent (s) (Offense charged)
SUMMONS
TO: _______________________
_______________________

GREETINGS:
You are hereby notified that a formal administrative complaint against you, copy attached, has been
filed with this Office for the afore cited offense under the provision of Section41 of Republic Act No. 6975
(“Department of the Interior and Local Government Act of 1990”) in relation to NAPOLCOM Memorandum
Circular No. _________ dated________ .1991.
 Wherefore, you are hereby required to answer in writing the abovementioned
charge(s)within five (5) days from receipt hereof, and to file said Answer under oath in
three (3) copies to Board. Attached herewith are such documentary evidences as you
wish to present in your defense.
Given this __________ day of ____________, 20____ at___________,Philippines.

_______________
Chairman
People’s Law Enforcement Board
The Chief of Police
____________________
Sir:
Please give due course to the herein summons and to return in this office the
original of the same with your proof of service indorsed at the back hereof.
Very truly yours,
___________________________
People’s Law Enforcement Board
2. Subpoena. This is an order from
the court that requires an
individual to be somewhere in
person at a certain place, date
and time to testify as a witness in
a case.
•Specifically, a subpoena is a conditional threat
of punishment made by a governmental
authority if it is attached to a command, so that
if the recipient does not do as commanded then
that person may be punished.
•If a person given a subpoena does not appear,
some courts have the discretion to find the
person in contempt of court and either order
the person’s arrest or issue fines accordingly.
 Types of Subpoena
a. Subpoena Ad Testificandum – it orders a
person to testify before the ordering
authority or face punishment.
b. Subpoena Duces Tecum – it orders a
person to bring physical evidence before
the ordering authority or face
punishment.
Sample form of Subpoena from Clerk of Court

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
7th Judicial
Branch 56
Mandaue City
PEOPLE OF THE PHILIPPINES
Plaintiff CRIM CASE: 355829
-versus- FOR: THEFT
________________________
Accused
x-----------------------------------------/
SUBPOENA
TO:
Greetings:
You are hereby commanded to appear before this Court
on the 8th of May 2011 at 8:00 in the morning then and here
to testify in the above entitled case (s).
Fail not, under the penalty of the law.
WITNESS the HON __________________, Judge of this
Court, this 10th day of April 2011.

_______________
Branch Clerk of Court
Served by: _________________
Sample form of Subpoena from PLEB
Republic of the Philippines
Province of ______________
PEOPLE’S LAW ENFORCEMENT BOARD
_______________________________
(City/ Municipality
_____________ ADMIN CASE No. _________
_____________
Complainant,
-versus- FOR: ______________
___________________ (offense charged)
___________________
Respondent
SUBPOENA
To: ____________________________
____________________________
GREETINGS:
You are hereby required to appear and be present at the hearing of the
abovementioned case before the Board at _____________________a.m. / p.m.
on the ____________ day of _____________ 20_______, then, and there to
testify in the above cited case pending therein.
FAIL NOT UNDER THE PENALTY OF THE LAW.
Given this ____ day of ______ 20______ at____________________.
___________________
Chairman
PROOF OF SERVICE
I have this day served a copy of the foregoing subpoena upon
Mr.________ personally (or by registered mail no. _____________)
Date this _______________day of ____________, 20_____.
___________________
Serving Party