Republic of the Philippines

Third Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
Branch 1
Tarlac City

PEOPLE OF THE PHILIPPINES,

-versus-

CRIM CASE NOS. 548-2018

FOR: ESTAFA

RONNIE BRIONES
x------------------------------------------x
Accused.

EXPARTE
MOTION FOR PERMANENT DISMISSAL
---------------------------------------------------------------------------------------

ACCUSED RONNIE BRIONES, unto this Honorable Court, most

respectfully states and alleges – That:

1. The undersigned accused was charged for ESTAFA in the

above-entitled case before this Honorable Court;

2. On 18 February 2019, the Honorable Court issued an

Arraignment Order, provisionally dismissing the above-captioned cases in
view of the approval of the Compromise Agreement executed by the parties
and the same is not being contrary to law, morals, and public policy. The
criminal aspect of the case was thereby provisionally dismissed. The
dispositive portion of the said Order dated 18 February 2019 provides, to
wit:

“WHEREFORE, the Compromise

Agreement executed by the parties not being
contrary to law, morals and public policy is
hereby APPROVED. Issue a Decision based
on the Compromise Agreement.

With respect to the criminal aspect, the

instant case is hereby PROVISIONALLY
DISMISSED.

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 Upon motion by the accused, the cash
bond posted for his provisional liberty
covered by Official Receipt No. 6183696C
dated January 22, 2019 in the amount of
Nine Thousand Pesos (P9,000.00) is hereby
ordered released in favor of the private
complainant, Ryan D. Bautista.

All parties present are hereby notified

of this order in open court.

SO ORDERED.”

3. The prosecution has two (2) years from the issuance of said
Order of provisional of dismissal, to revive the foregoing criminal case
pursuant to Rule 117, Section 8 of the Revised Rules of Procedure, which
provides as follows:

“The 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.”

4. Considering that no Motion for Revival of the said case was filed
by the prosecution from 18 February 2019 to date, the permanent dismissal
of the foregoing criminal cases is thus warranted;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court that the instant EX PARTE MOTION FOR
PERMANENT DISMISSAL be duly noted and be given due course and
that an Order be issued ordering the permanent dismissal of the above-
entitled criminal case, for patent lack of interest of the private complainant
to prosecute and in accordance with Rule 117, Section 8 of the Revised
Rules of Procedure.

Other reliefs and remedies that are just and equitable under the
circumstances are likewise prayed for.

Tarlac City for Tarlac. This 27th day of September 2021.

2
 ______________________________
RONNIE BRIONES
Accused

Copy Furnished:

RYAN D. BAUTISTA
Private Complainant
Blk. 2, Brgy. San Roque,
Tarlac City

OFFICE OF THE PROVINCIAL PROSECUTOR OF TARLAC

Public Prosecutor
RTC, San Vicente, Tarlac City
By personal service

NOTICE

THE CLERK OF COURT

MTCC Br. 1
Tarlac City

Greetings! Kindly submit the foregoing Ex Parte Motion for

Permanent Dismissal for the Honorable Court’s consideration and
resolution.

RONNIE BRIONES
Accused

EXPLANATION

Pursuant to Section II, Rule 13 of the 1997 Rules of Civil Procedure,

the foregoing Ex Parte Motion for Permanent Dismissal is being
filed and served personally to this Honorable Court, to Public Prosecutor
and to the counsel for the private complainant.

RONNIE BRIONES
Accused