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Permanent Dismissal - Draft 1

permanent dismissal draft criminal case

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0% found this document useful (0 votes)
28 views2 pages

Permanent Dismissal - Draft 1

permanent dismissal draft criminal case

Uploaded by

philip
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

National Capital Judicial Region


Regional Trial Court
________________________ City
Branch __

PEOPLE OF THE PHILIPPINES,


Plaintiff,

- versus - Criminal Case No.


For:

____________________________,
Accused.
x----------------------------------------------------------x

MOTION FOR PERMANENT DISMISSAL

Accused, by himself, most respectfully states that:

1. In the Order dated __________________________, the


above-entitled case was ordered provisionally dismissed. More than
two (2) years from the date of the issuance of the above-mentioned
order, the case has not been revived. Thus, the dismissal becomes
permanent1;

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

“The provisional dismissal of offenses


punishable by imprisonment not exceeding six
years or a fine of any amount, or both, shall
become permanent one year after issuance of
the order without the case having been
revived. With respect to offenses punishable
by imprisonment of more than six years, their
provisional dismissal shall become
permanent two years aft er issuance of
the order without case having been
revived.”

PRAYER

1
The Order of the Honorable Court dated ____________________________ is attached in this
instant Motion as Annex “1”.

1
WHEREFORE, premises considered, it is respectfully prayed
that the case be permanently dismissed.

Other reliefs just and equitable are likewise prayed for.

Mandaluyong City, ________________ 2024.

By:

NOTICE OF HEARING

GREETINGS:

Please submit the foregoing Motion for the kind consideration


resolution and approval of this Honorable Court on such date and
time most convenient to this Honorable Court.

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