REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
BRANCH JJJ
CCC CITY, LAGUNA

PEOPLE OF THE PHILIPPINES

CRIM. CASE NO. VVVV

-versus- FOR: Violation of RA 7610

LLLL,
Accused.
X----------------------------------X

MOTION FOR PERMANENT DISMISSAL

Accused LLLL, assisted by the undersigned counsel de officio, respectfully
states THAT:

1. On 20 October 2020, an Order was issued by this Honorable Court

dismissing the case provisionally with the expressed conformity of the
accused.

A copy of the said Order dated 20 October 2020 is hereby attached and
marked as Annex “A”

2. Under the Rule 117, Section 8 of the Rules of Court:

“Section 8. Provisional dismissal. — A case shall not be provisionally dismissed

except with the express consent of the accused and with notice to the offended
party.

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. (n)”
(emphasis supplied)

3. Considering that more than TWO (2) years have already lapsed since the
issuance of the Order, and the prosecution has not instituted any action to
revive the case, the accused now respectfully moves that the case be
permanently dismissed.

PRAYER
 WHEREFORE, premises considered, and in the interest of justice, it is
respectfully prayed that the Honorable Court render the case permanently
dismissed.

Other reliefs, just and equitable, are likewise prayed for.

Respectfully submitted.

Biñan City, Laguna, 19 July 2023.

Filed through the express request of:

LLLL
Accused

PUBLIC ATTORNEY’S OFFICE

CCC, Laguna

ATTY. RRRR
Public Attorney II
Roll No. HHHHH
IBP No. PPPPP
MCLE Compliance: (Certificate Pending); Admitted: DDD

NOTICE

Honorable Branch Clerk of Court

Regional Trial Court Branch 152
Biñan City, Laguna

GREETINGS!
 Please set the foregoing motion for the immediate consideration and
resolution of this Honorable Court.

ATTY. RRRR

EXPLANATION

Due to the urgency of this matter, as well as distance, time & manpower
constraints, as well as the on-going COVID-19 pandemic, the foregoing motion
was served to the opposing party/ies via electronic mail (pursuant to Rule 15,
Section 5 (b) of the 1997 Rules of Civil Procedure, as amended) through the email
address/es listed below.

ATTY. RRRR

COPY FURNISHED:
Office of the Hon. City Prosecutor ACP WWWW
CCC, Laguna CCC, Laguna