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Motion For Permanent Dismissal Sample

The document is a joint motion for permanent dismissal of multiple rape cases against Romel Baui y Fontiveros, Mateo Fontiveros y Bangug, Luis Angelo Subriano y Alingod, and James Mesa y Datul. The accused argue that since a provisional dismissal order was issued on September 21, 2020, and no action has been taken to revive the cases within two years, the cases should be permanently dismissed. A hearing is requested for September 23, 2022, to consider this motion.

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Pampublikong Abogado Cabagan
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17 views4 pages

Motion For Permanent Dismissal Sample

The document is a joint motion for permanent dismissal of multiple rape cases against Romel Baui y Fontiveros, Mateo Fontiveros y Bangug, Luis Angelo Subriano y Alingod, and James Mesa y Datul. The accused argue that since a provisional dismissal order was issued on September 21, 2020, and no action has been taken to revive the cases within two years, the cases should be permanently dismissed. A hearing is requested for September 23, 2022, to consider this motion.

Uploaded by

Pampublikong Abogado Cabagan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

Second Judicial Region


REGIONAL TRIAL COURT
Branch XXII
Cabagan, Isabela

PEOPLE OF THE PHILIPPINES,


Plaintiff, Crim. Case No. 3969

- versus - for: RAPE

ROMEL BAUI y FONTIVEROS,


Accused.
x----------------------------------------x
PEOPLE OF THE PHILIPPINES,
Plaintiff, Crim. Case No. 3970

- versus - for: RAPE

MATEO FONTIVEROS y BANGUG,


Accused.
x----------------------------------------x
PEOPLE OF THE PHILIPPINES,
Plaintiff, Crim. Case No. 3971

- versus - for: RAPE

LUIS ANGELO SUBRIANO y ALINGOD,


Accused.
x----------------------------------------x
PEOPLE OF THE PHILIPPINES,
Plaintiff, Crim. Case No. 3972

- versus - for: RAPE

JAMES MESA y DATUL,


Accused.
x----------------------------------------x

JOINT MOTION FOR PERMANENT DISMISSAL

ACCUSED, ROMEL BAUI y FONTIVEROS, MATEO FONTIVEROS


y BANGUG, LUIS ANGELO SUBRIANO y ALINGOD and JAMES MESA
y DATUL, assisted by the undersigned counsel, unto this Honorable Court, most
respectfully alleges that:

1. On September 21, 2020, an Order was issued by this Honorable Court dismissing the
above-captioned cases provisionally with the expressed conformity of the accused.
Attached is a copy of the said Order hereto marked as Annex "1" and forms and
integral part hereof;
2. Under the Rules on Criminal Procedure, the provisional dismissal of the offenses
punishable by imprisonment of more than six (6) years, shall become permanent
two (2) years after the issuance of the order without the case having been revived;

3. Two (2) years had already lapsed, and the prosecution has not instituted any action to
revive the case; hence, accused respectfully moves that the above-mentioned cases
be permanently dismissed.

PRAYER

WHEREFORE, premises considered, accused most respectfully moves for


the permanent dismissal of the above-captioned cases.

Other reliefs just and equitable in the premises are likewise sought.

Cabagan, Isabela. September 21, 2022.

Department of Justice
PUBLIC ATTORNEY’S OFFICE
CABAGAN DISTRIC OFFICE
Hall of Justice, Cabagan, Isabela

By:

NICANOR G. GARCIA
District Public Attorney
Counsel for the Accused

NOTICE OF HEARING

ATTY. LEIF JOHN L. ROBINO


Clerk of Court VI
RTC Branch 22, Cabagan, Isabela

Pros. REMELYN A. DALAFU-TAGAO


Counsel for the Plaintiff
OPP, Cabagan, Isabela

Greetings:

Please take notice that the undersigned is submitting the foregoing


Application for the kind consideration and set the hearing on September 23, 2022
at 9:00 o’clock in the morning.

NICANOR G. GARCIA

Copy furnished:
Pros. REMELYN A. DALAFU-TAGAO
OPP – Cabagan, Isabela
ATTY. VX YZ
Counsel for the
Accused

NOTICE OF HEARING

THE BRANCH CLERK OF COURT


MeTC - Branch 61
Makati City

Greetings!

Please submit the foregoing motion to the Honorable Court on


September 18, 2013 at 8:30 in the morning for its favorable consideration
and approval.

VX YZ
Copy furnished by personal service:

PROSECUTOR WX YZ
Office of the City Prosecutor, Makati City

ATTY. AB CD
Private Prosecutor
2233 Zamora Street, Pasay City

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)

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