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Motion For Permanent Dismissal (Husnain)

The document is a motion for permanent dismissal of a case against an accused. A provisional dismissal was granted over a year ago and the prosecution has not taken steps to revive the case in that time, so the defense is now moving for a permanent dismissal.

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191 views2 pages

Motion For Permanent Dismissal (Husnain)

The document is a motion for permanent dismissal of a case against an accused. A provisional dismissal was granted over a year ago and the prosecution has not taken steps to revive the case in that time, so the defense is now moving for a permanent dismissal.

Uploaded by

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Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


THIRD JUDICIAL REGION
BRANCH 2, ANGELES CITY

THE PEOPLE OF THE PHILIPPINES, M-ANG-22-00289-CR


Plaintiff,
-versus- -for-

“ESTAFA under Art. 315, par. 2 (a) of


TAQEL HUSNAIN, HALO HUSNAIN, the Revised Penal Code”
Accused.
x-------------------------------------------x

MOTION FOR PERMANENT DISMISSAL

ACCUSED TAQEL HUSNAIN, assisted by the undersigned counsel, unto


this Honorable Court, most respectfully states that:

1. In an Order dated January 19, 2023, the Honorable Court, with the
express conformity of herein accused and without objection from the
Public Prosecutor, granted a Provisional Dismissal of the above-
captioned case;

A copy of the Joint Order dated January 19, 2023 is attached as


Annex “A” and is made an integral part hereof;

2. Under the second paragraph of Section 8, Rule 117 of the Rules of


Criminal Procedure, “[T]he 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.”;

3. By the time of execution and filing of this Motion, one (1) year had
already lapsed and the prosecution has not instituted any action to
revive the case, hence, the permanent dismissal of the case is in order.

PRAYER

WHEREFORE, in view of the foregoing, accused TAQEL HUSNAIN, most


respectfully moves for the PERMANENT DISMISSAL of the case as against him.

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

Angeles City, Pampanga, February 14, 2024

ATTY. ANNA LEE K. GOMES


Counsel for the Accused
NOTICE OF HEARING

THE BRANCH CLERK OF COURT


MUNICIPAL TRIAL COURT IN CITIES Branch 2
Angeles City

GREETINGS!
Please take notice and submit the foregoing MOTION FOR PERMANENT
DISMISSAL for the kind consideration and favorable action of the Honorable
Court __________________________ or on such date and time as counsel or matter
may be heard.

ATTY. ANNA LEE K. GOMES


Counsel for the Accused

Copy furnished:
Pros. Nancy B. Fajardo-Langit
Trial Prosecutor
Office of the City Prosecutor
Mabalacat City, Pampanga

Received By:___________________________
Date:______________________________

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