SPECIAL APPEARANCE

For: Atty Shereal Ferrer

Pp v. Nuevaespaa

APPEARANCES
Atty O: Goodmorning, your Honor. I am Atty. Laurence Susan P. Ortiz, specially appearing in
behalf of Atty. Shereal Ferrer counsel for the accussed. Ready your honor.

MOTION
(The Judge will ask first whats the pleasure of the prosecution)

Atty O: Your honor, we would like to move for the permanent dismissal of the case for
during the previous scheduled (Sept. 28, 2015) hearing Atty. Ferrer had already moved for
the dismissal of the case invoking the right of the accused for speedy trial. Perusal to the
records of the case (See record in court), the honorable court has afforded the prosecution
one more setting to present its evidence, yet there is none today. So, it is proper your honor
that we move for the permanet dismissal of this case.

IF PROSECUTION WILL ASK FOR PROVISIONAL DISMISSAL

(Provisional Dismissal requires consent of the accused)

Atty O: Your honor, I would like to ask for a 2 minute recess to talk to my clients.
(Explain the consequences if the case is Provisionally Dismissed)
For Frustrated Murder: If provisional dismissal, (Its like a temporary suspension of the
case) 2 years from the order, the case must be revived; otherwise, it will be barred by
prescription, it can no longer be refiled. If permanent dismissal, the case will no longer be
filed against the accused, otherwise it will violate the right of the accused against double
jeopardy.

IF THERE IS A WITNESS
Motion to reset the cross examination
Atty O: Your honor, I would like to ask for the resetting of the cross examination, although I
have read the complaint and affidavits of the case but Im appearing in behalf of Atty.
Ferrer for she is the one appearing for the accused and I have not personally confer with
the accused about this case which will improve or affect my questioning during cross-
examination.

IF COURT WILL GRANT THE MOTION

-Court will order the dismissal of the case.

Atty. O: Thank you your honor.

Permission to leave your honor.
***Teach me and Guide me Lord, in Jesus name!