REPUBLIC OF THE PHILIPPINES

4TH JUDICIAL REGION

MUNICIPAL TRIAL COURTS IN CITIES
BRANCH 2
CALAMBA CITY, LAGUNA

PEOPLE OF THE PHILIPPINES Crim. Case Nos. 65859-22

and 65860-22
vs. For: Violation of Batas
Pambansa Blg. 22

MARVIN DEJAN ATIENZA

Accused.
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OMNIBUS MOTION
TO REVIVE THE INSTANT CASE
COMES NOW, the private complainant unto this Honorable Court most
respectfully states that:

1. On August 9. 2022, the Honorable Court issued a

RESOLUTION the dispositive portiion reads as follows:

“WHEREFORE, premises considered, the joint motion of the

parties for the provisional dismissal of the parties for the dismissal
of these cases is GRANTED.

These cases are PROVISIONALLY DISMISSED, with the

express consent of the accused.

The provisional dismissal of these cases shall automatically

become permanent upon the lapse of one (1) year without these
cases being revived.

The Compromise Agreement dated August 1, 2022 entered

into and marked by the prosecution as Exhibit “A” between the
accused Marvin Dejan Atienza and private complainant Juan S.
Barrientos is APPROVED. The terms and conditions of which
are follows:

1. The Second Party shall pay the First Party the amount
of ONE HUNDRED THOUSAND PESOS (100,000.00)
as down payment for settlement amount representing all
the claims of the First Party against the Second Party
concerning the pending case between them;

2. The Second Party shall pay the First Party the amount
of FIFTY THOUSAND PESOS (Php50,000.00) monthly
starting August 30, 2022 up to December 31, 2022;

3. The First Party shall execute an Affidavit of Desistance

to withdraw the above-mentioned case instituted against
the Second Party, and authenticate the said Affidavit in
court if necessary, upon payment of ONE HUNDRED
THOUSAND PESOS (Php100,000.00) of the aforesaid

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 amount; However, failure to comply of the agreed
payment terms, the case shall be revived;

4. That the contents of this agreement and the compliance

thereof shall not be construed as any admission of
either parties.

Parties are directed to comply with the terms and

conditions of the Compromise Agreement dated August 1, 2022
which is herein incorporated as part of this Resolution by
reference.

xxx xxx

SO ORDERED”.

2. The plaintiff informs the Honorable Court and so manifest that

Accused has failed to pay his monthly installment of FIFTY THOUSAND
PESOS (Php50,000.00) for two consecutive months (August 30, 2022 and
September 30, 2022);

3. It is clear in the above mentioned RESOLUTION that “failure to

comply of the agreed payment terms, the case shall be revived” and that
the one-year period from date of RESOLUTION has not yet lapsed;

4. In view of the foregoing, there is a need for an Order REVIVING

the instant case so that the Honorable Court could immediately calendar the
case and could forthwith undergo the usual judicial processes of pre-trial and
trial proper.

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most respectfully

prayed that the instant case be immediately revived and thereafter to set the
case for PRE-TRIAL.

Private complainant respectfully prays for such and other reliefs as may
be deemed just and equitable in the premises.

Respectfully submitted.

Calamba City. October 3, 2022

JUAN SANQUE BARRIENTOS

Private Complainant

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 NOTICE OF HEARING

The Branch Clerk of Court

MTCC Br. 2 Calamba City

Greetings:

Please submit the foregoing Motion for the consideration and approval
of the Court on October 7, 2022 at 8:30 a.m or on such a date that this
Honorable Court may accommodate.

JUAN SANQUE BARRIENTOS

Copy furnished:

MARVIN DEJAN ATIENZA

Purok 3, Brgy. Prinza, Calamba City, Laguna 4027,

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