Republic of the Philippines

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch 26, Manila

PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus - Crim. Case No.

470428-30-CR

MARLYN COLMINAS, ET AL,

Accused.
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MOTION FOR RECONSIDERATION

ACCUSED MARLYN COLMINAS, by herself, unto this

Honorable Court, most respectfully moves for the
reconsideration of the 1 June 2016 court order and in
support thereof avers as follows:

1. On May 6, 2016, the accused Marlyn Colminas

was re-arraigned and changed her plea from “not
guilty” to “guilty” and was sentenced as follows:

In Criminal Case No. 470428-CR: to pay a fine of

P49,477.50
In Criminal Case No. 470429-CR: to pay a fine of
P49,477.50
In Criminal Case No. 470430-CR: to pay a fine of
P60,437.00 plus costs with subsidiary
imprisonment in case of insolvency.

2. The Accused Marlyn Colminas had fifteen days

from May 6, 2016 or until May 23, 2016 to pay
the fine as imposed in May 6, 2016 or to avail of
the remedies like the application for probation;

3. The Accused Marlyn Colminas intimated to the

undersigned Public Attorney that she will be
paying the fine in lieu of the application for
probation;
4. The undersigned Public Attorney instructed the
Accused Marlyn Colminas to coordinate and
consult with her on or before May 23, 2016;

5. The undersigned Public Attorney had tried to

contact the said accused on or before May 23,
2016 but the Accused had failed to appear in the
office of the undersigned Public Attorney;

6. The Public Attorney, in the interest of justice and

service, then filed the application for Probation
on May 23, 2016;

7. Unfortunately, due to a typographical error, the

Application for Probation was filed with the
Metropolitan Trial Court Branch 9 instead of the
Honorable Metropolitan Trial Court Branch 26
on May 23, 2016 attached as Annex “A”;

8. It is only upon inquiry that the Application for

Probation was transferred from MTC 9 to the
rightful honorable Metropolitan Trial Court 26
on May 27, 2016;

9. With all due respect, the Application for

Probation was filed on time as noted by the
receiving court. It is only the transmittal that
had delayed the transfer of the Application for
probation to the Honorable Metropolitan Trial
Court Branch 26;

10. It is in this light that accused humbly beg the

indulgence and asking for apology to the court
and the Public prosecutor for the typographical
error;

11. The accused has no intention to defy the order

of this Honorable Court as the late transfer of the
Application for Probation was due solely to the
aforementioned reason;

12. In the light of the foregoing and in the interest of

substantial justice it is most prayed of this
Honorable Court that its Order dated 1 June
2016 be reconsidered and the warrant of arrest
issued against the accused be lifted and set
aside.
 WHEREFORE, premises considered, it is respectfully
prayed of this Honorable Court that the Order dated 1 June
2016 (ORDER DENYING HIS APPLICATION FOR
PROBATION) be reconsidered and the warrant of arrest
issued against the accused, if there is any, be lifted and set
aside.

Other reliefs, just and equitable, are likewise prayed

for.

Manila, 8 June 2016.

ATTY. SHARMAGNE JOY A. BINAY

Public Attorney

NOTICE OF HEARING

The Branch Clerk of Court

MTC Branch 26
Manila

Greetings:

Please submit the foregoing motion for the kind

consideration and resolution of the Honorable Court on
June 10, 2016

ATTY. SHARMAGNE JOY A. BINAY

Public Attorney

Copy furnished:

Hon. NAPOLEON CABREJAS

Assistant City Prosecutor
Manila City Hall, Manila