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Motion To Dismiss-Corbo

This document is a motion to dismiss criminal charges of qualified theft filed on behalf of accused Elizer Corbo. It summarizes that the private complainant executed an affidavit of desistance and failed to appear in court hearings. It also notes that the accused is of advanced age and poor health, placing him at high risk during the COVID-19 pandemic. The motion requests that the case be dismissed and the accused be immediately released from detention.

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Jackelyn J. Perandos
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183 views3 pages

Motion To Dismiss-Corbo

This document is a motion to dismiss criminal charges of qualified theft filed on behalf of accused Elizer Corbo. It summarizes that the private complainant executed an affidavit of desistance and failed to appear in court hearings. It also notes that the accused is of advanced age and poor health, placing him at high risk during the COVID-19 pandemic. The motion requests that the case be dismissed and the accused be immediately released from detention.

Uploaded by

Jackelyn J. Perandos
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

REGIONAL TRIAL COURT


11th Judicial Region
Branch 57
Mabini, Davao de Oro

People of the Philippines, Criminal Case No. (10911)2881


Plaintiff,

-versus- for: Qualified Theft

Elizer Corbo and Nonoy


De Guzman,
Accused.
x----------------------------------------/

MOTION TO DISMISS
(With Affidavit of Desistance)

Accused ELIZER CORBO, assisted by the Public Attorney’s Office,


through the undersigned counsel, unto this Honorable Court, most
respectfully states:

1. That accused is presently detained at the Provincial Rehabilitation


Center of Davao de Oro, Mankilam, Tagum City, Davao del Norte;

2. That the private complainant in this case, Ruperto P. Detros,


executed an Affidavit of Desistance dated February 10, 2020 for
accused Elizer Corbo. The said affidavit was duly subscribed by Deputy
Provincial Prosecutor Rucel Cayetano. A copy of the Affidavit of
Desistance was already submitted to the Honorable Court;

3. That during the arraigment and pre-trial of the above-captioned case


last March 12, 2020, private complainant failed to appear despite
notice. The setting on March 19, 2020, however, was canceled due to
the placing of the country under the state of national health emergency;

4. That clearly, the non-appearance of the private complainant to


appear in court despite notice only shows his hostility and disinterest to
continue the further prosecution of the case against accused Elizer
Corbo;

5. That it is noteworthy that accused is of already of advanced age and


sickly. He is already considered a vulnerable detainee due to his poor
health condition. His continued detention in a congested and over
populated facility especially during COVID-19 pandemic would only
place his life and health in great danger.

PRAYER

WHEREFORE, premises considered and for humanitarian


consideration, it is respectfully prayed that this case be dismissed and
that accused be immediately released from detention.

Respectfully Submitted. April 24, 2020.Mabini, Davao de Oro.

Assisted by:

PUBLIC ATTORNEY’ S OFFICE


Mabini District Office
Mabini, Davao de Oro

MITOS SHIELA PERANDOS-EVANGELISTA


Public Attorney III/OIC
Roll No. 57596
IBP O.R. No. 117756
MCLE Compliance No. VI-0024037

OIC/Legal Researcher
RTC-57
Mabini, Davao de Oro

Greetings!

I am submitting the foregoing motion for the kind consideration and


approval of the Honorable Court.

MITOS SHIELA PERANDOS-EVANGELISTA

Copy furnished:

Pros. Rucel Cayetano


Provincial Prosecution Office
Nabunturan, Davao de Oro

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