Republic of the Philippines
REGIONAL TRIAL COURT
THIRD JUDICIAL REGION
BRANCH 59
ANGELES CITY
THE PEOPLE OF THE PHILIPPINES, Criminal Case No.
Plaintiff, R-ANG-18-00780-CR
-versus-
-for-
YYY and ARIANE JOY AGUILAR “Violation of Section 5 (i) of Republic
TANGLAO CRUZ, Act No. 9262”
Accused.
x-------------------------------------------x
THE PEOPLE OF THE PHILIPPINES, Criminal Case No.
Plaintiff, R-ANG-18-00781-CR
-versus-
-for-
YYY, “Violation of Section 5 (i) of Republic
Accused. Act No. 9262”
x-------------------------------------------x
MOTION FOR PERMANENT DISMISSAL
ACCUSED YYY, assisted by the undersigned counsel, unto this Honorable
Court, most respectfully states that:
1. In an Order dated December 7, 2021, the Honorable Court, with the
express conformity of herein accused and upon the manifestation of the
Public Prosecutor regarding the lack of interest on the part of the
private complainant to proceed, granted a Provisional Dismissal of the
above-captioned cases;
A copy of the Joint Order dated December 7, 2021 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. 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.”;
3. By the time of execution and filing of this Motion, more than two (2)
years 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 23, 2024
ATTY. ANNA LEE K. GOMES
Counsel for the Accused
NOTICE OF HEARING
THE BRANCH CLERK OF COURT
REGIONAL TRIAL COURT Branch 59
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. Roberyn Joy M. Navarro
Trial Prosecutor
Office of the City Prosecutor
Angeles City, Pampanga
Received By:___________________________
Date:______________________________
