REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Branch 43
MANILA

PEOPLE OF THE PHILIPPINES,

Complainant,
Criminal Case No. 7655
-versus-
For: Theft
Benito Cruz,
Accused.
x-------------------------------------------x

MOTION TO DISMISS

COMES NOW, Accused Benito Cruz (hereinafter “Accused”) and

respectfully moves this Court to dismiss the above-captioned case, and in
support thereof states:

A. The case must be dismissed for failure of the prosecution to

commence the presentation of evidence

1. The accused's right to "have a speedy, impartial, and public trial" is

guaranteed in criminal cases by Section 14(2) of Article III of the
Constitution.

2. Pursuant to Section 6 of Republic Act 8493 or the Speedy Trial Act of

1998:

In criminal cases involving persons charged of a crime, except

those subject to the Rules on Summary Procedure, or where the
penalty prescribed by law does not exceed six (6) months
imprisonment, or a fine of One thousand pesos (P1,000.00) or
both, irrespective of other imposable penalties, the justice or
judge shall, after consultation with the public prosecutor and
the counsel for the accused, set the case for continuous trial on
a weekly or other short-term trial calendar at the earliest
possible time so as to ensure speedy trial. In no case shall the
entire trial period exceed one hundred eighty (180) days from
the first day of trial, except as otherwise authorized by the

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 Chief Justice of the Supreme Court pursuant to Section 3, Rule
22 of the Rules of Court.

3. The trial of the above-named case was scheduled on June 14, 2020.
The accused had faithfully attended trial, for the past six months,
however, the prosecution has not started to present its evidence for no
lawful reason.

4. The prosecution did not seek any extension of time in order to present
its evidence nor did it came forward any valid reason as to why they
have not begun presenting evidence.

5. This inaction of the prosecution clearly violates the Constitutionally

guaranteed right to a speedy trial for not following the timeline set by
RA 8493, which calls for the immediate dismissal of the case.

RELIEF

WHEREFORE, accused respectfully pray that herein case be ordered

dismissed on the ground of violation of the Accused’s right to speedy trial
for failure of the prosecution to start its presentation of evidence.

Other Relief, just and equitable are also prayed for.

City of Manila, 18 December 2020.

ATTY. DIONISIO C. BELGA

Counsel for Accused
PTR No. 93892; SFC 2/20/2020
IBP O.R. No. 458214; 5/12/2020
Attorney’s Roll No. 54214
COPY FURNISHED

ATTY. ANALIZ VALENZUELA

Solicitor General
454 Sixto Street, St. Charbel,
Mindanao Ave., Quezon City.

NOTICE OF HEARING

The Hon. Branch Clerk of Court

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RTC Manila, Branch 43

ATTY. ANALIZ E. VALENZUELA

Solicitor General

Please take notice that the foregoing motion will be submitted, and is
requested to be submitted, for the consideration and approval of the
Honorable Court on January 4, 2021, at 1:30 p.m. or soon thereafter as
matter and counsel may be heard on notice.

ATTY. DIONIAIO C. BELGA