Republic of the Philippines

Province of Misamis Occidental

4th MUNICIPAL CIRCUIT TRIAL COURT
OF JIMENEZ- SINACABAN
10th Judicial Region
Jimnez, Misamis Occidental

PEOPLE OF THE PHILIPPINES CRIM. CASE NO. 7526

Plaintiff
versus
for

ROLLY MALON y MAGHANOY GRAVE THREATS

Accused.

MOTION TO DISMISS

The the ACCUSED, duly assisted by the undersigned counsel, unto this Honorable Court,
respectfully submits this Motion to Dismiss and states:

1. That the Private Complainants namely EDGAR MALON and GERRY P. QUILO
executed an Affidavit of Desistance dated January 22, 2021 before Notary Public Benjamin C. Galindo
attached herewith as Annex 1 of this Motion;

2. That without a favorable testimony for the prosecution against the accused, the
prosecution could no longer prove the guilt of the accused beyond reasonable doubt;

3. That the other witnesses of the prosecution are already dead.

WHEREFORE, it is most respectfully prayed of this Honorable Court that the Motion to
Dismiss be granted and the instant case be dismissed with finality.

Oroquieta City, Misamis Occidental. February 8, 2021.

By:

Philippe Emile R. Santiago

Public Attorney II
Roll No. 61761
IBP No. 013555
 MCLE Compliance No. VI-0006803
Issued on March 14, 2018
Valid Until 04/14/2022
09175241048/ 088 531 2206

REQUEST/NOTICE OF HEARING

The Clerk of Court Misamis Occidental

4th MCTC Jimenez-Sinacaban Provincial Prosecutors Office

GREETINGS:

Please take notice that on February 17, 2021 at 1:30 o’clock in the
afternoon or immediately upon receipt hereof, the foregoing Motion will be submitted
for the consideration and approval of the Honorable Court sans appearances of
counsels and oral argument.

ATTY. PHILIPPE EMILE R. SANTIAGO

Copy Furnished:

Office of the Provincial Prosecutor