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    Motion For Permanent Dismissal - Sample

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    Motion For Permanent Dismissal - Sample

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    5bf878z9vx
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    Motion for Permanent Dismissal - Sample

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    12 views3 pages

    Motion For Permanent Dismissal - Sample

    Uploaded by

    5bf878z9vx

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    FOURTH JUDICIAL REGION
    BRANCH JJJ
    CCC CITY, LAGUNA

    PEOPLE OF THE PHILIPPINES

    CRIM. CASE NO. VVVV


    -versus- FOR: Violation of RA 7610

    LLLL,
    Accused.
    X----------------------------------X

    MOTION FOR PERMANENT DISMISSAL


    Accused LLLL, assisted by the undersigned counsel de officio, respectfully
    states THAT:

    1. On 20 October 2020, an Order was issued by this Honorable Court


    dismissing the case provisionally with the expressed conformity of the
    accused.

    A copy of the said Order dated 20 October 2020 is hereby attached and
    marked as Annex “A”

    2. Under the Rule 117, Section 8 of the Rules of Court:

    “Section 8. Provisional dismissal. — A case shall not be provisionally dismissed


    except with the express consent of the accused and with notice to the offended
    party.

    The provisional dismissal of offenses punishable by imprisonment not


    exceeding six (6) years or a fine of any amount, or both, shall become
    permanent one (1) year after issuance of the order without the case having
    been revived. With respect to offenses punishable by imprisonment of more
    than six (6) years, their provisional dismissal shall become permanent two
    (2) years after issuance of the order without the case having been revived. (n)”
    (emphasis supplied)

    3. Considering that more than TWO (2) years have already lapsed since the
    issuance of the Order, and the prosecution has not instituted any action to
    revive the case, the accused now respectfully moves that the case be
    permanently dismissed.

    PRAYER
    WHEREFORE, premises considered, and in the interest of justice, it is
    respectfully prayed that the Honorable Court render the case permanently
    dismissed.

    Other reliefs, just and equitable, are likewise prayed for.

    Respectfully submitted.

    Biñan City, Laguna, 19 July 2023.

    Filed through the express request of:

    LLLL
    Accused

    PUBLIC ATTORNEY’S OFFICE


    CCC, Laguna

    ATTY. RRRR
    Public Attorney II
    Roll No. HHHHH
    IBP No. PPPPP
    MCLE Compliance: (Certificate Pending); Admitted: DDD

    NOTICE

    Honorable Branch Clerk of Court


    Regional Trial Court Branch 152
    Biñan City, Laguna

    GREETINGS!
    Please set the foregoing motion for the immediate consideration and
    resolution of this Honorable Court.

    ATTY. RRRR

    EXPLANATION

    Due to the urgency of this matter, as well as distance, time & manpower
    constraints, as well as the on-going COVID-19 pandemic, the foregoing motion
    was served to the opposing party/ies via electronic mail (pursuant to Rule 15,
    Section 5 (b) of the 1997 Rules of Civil Procedure, as amended) through the email
    address/es listed below.

    ATTY. RRRR

    COPY FURNISHED:
    Office of the Hon. City Prosecutor ACP WWWW
    CCC, Laguna CCC, Laguna

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