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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES
City of ------
Branch ----

PEOPLE OF THE PHILIPPINES CRIM. CASE NO. -------

Plaintiff, FOR: RECKLESS
IMPRUDENCE
RESULTING IN LESS
-versus-
SERIOUS PHYSICAL
INJURIES
xxxx
Accused.
X-----------------------------------------------/

MOTION FOR PROVISIONAL DISMISSAL

with leave of Court

COMES NOW, the accused, by the undersigned counsels, with

conformity of the State Prosecutor, unto this Honorable Court, respectfully
moves for the dismissal of this instant case, to wit that:

1. The non-appearance of the private complainant is a clear indication that the

private offended party is no longer interested in pursuing the case;

2. On -------, undersigned counsels and the State Prosecutor -------jointly moved

for the provisional dismissal of the case;

3. That under the Rules of Criminal Procedure, Rule 117, SEC. 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.

4. That by virtue of the abovementioned rule, the accused may move for the
provisional dismissal of the abovementioned cases;
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5. That the accused, now, gives his express consent for the provisional dismissal
of the case.

PRAYER

WHEREFORE, in view of the foregoing, and in the interest of justice,

the accused respectfully prays for the provisional dismissal of the
abovementioned cases.

Other Equitable reliefs are prayed for.

MOST RESPECTFULLY SUBMITTED.

_____ August, 2017 at Cebu City, Philippines.

---------
Counsel for the Accused
-

With my express consent:

--------
Accused

With my conformity:

--------------
Office of the City Prosecutor