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    Motion For Permanent Dismissal

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    Coy Resurreccion Camarse
    The accused filed a motion for permanent dismissal of criminal charges for homicide. The motion states that the parties agreed to a compromise agreement in February 2017 which required the accused to make payments until March 2019. Due to the private complainant's acquiescence, the last payment will be made on April 10, 2019, completing the compromise agreement. As the agreement has now been complied with and completed, the accused requests that the court permanently dismiss the case with prejudice in view of the executed affidavit of desistance from the private complainant. The accused also moves for the court to admit the affidavit of desistance, which is attached to the motion.

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    Motion For Permanent Dismissal

    Uploaded by

    Coy Resurreccion Camarse
    271 views3 pages
    The accused filed a motion for permanent dismissal of criminal charges for homicide. The motion states that the parties agreed to a compromise agreement in February 2017 which required the accused to make payments until March 2019. Due to the private complainant's acquiescence, the last payment will be made on April 10, 2019, completing the compromise agreement. As the agreement has now been complied with and completed, the accused requests that the court permanently dismiss the case with prejudice in view of the executed affidavit of desistance from the private complainant. The accused also moves for the court to admit the affidavit of desistance, which is attached to the motion.

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    Motion for Permanent Dismissal

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    The accused filed a motion for permanent dismissal of criminal charges for homicide. The motion states that the parties agreed to a compromise agreement in February 2017 which required the accused to make payments until March 2019. Due to the private complainant's acquiescence, the last payment will be made on April 10, 2019, completing the compromise agreement. As the agreement has now been complied with and completed, the accused requests that the court permanently dismiss the case with prejudice in view of the executed affidavit of desistance from the private complainant. The accused also moves for the court to admit the affidavit of desistance, which is attached to the motion.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    271 views3 pages

    Motion For Permanent Dismissal

    Uploaded by

    Coy Resurreccion Camarse
    The accused filed a motion for permanent dismissal of criminal charges for homicide. The motion states that the parties agreed to a compromise agreement in February 2017 which required the accused to make payments until March 2019. Due to the private complainant's acquiescence, the last payment will be made on April 10, 2019, completing the compromise agreement. As the agreement has now been complied with and completed, the accused requests that the court permanently dismiss the case with prejudice in view of the executed affidavit of desistance from the private complainant. The accused also moves for the court to admit the affidavit of desistance, which is attached to the motion.

    Copyright:

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    of 3

    REPUBLIC OF THE PHILIPPINES

    FOURTH JUDICIAL REGION


    MUNICIPAL TRIAL COURT IN CITIES
    CITY OF IMUS, CAVITE

    PEOPLE OF THE PHILIPPINES,


    Plaintiff
    CRIM. CASE NO. 16-29301
    For : RIR in Homicide
    -versus-

    BJORN RUSSEL R. DE GUZMAN


    Accused
    x---------------------------------------------------x

    MOTION FOR PERMANENT DISMISSAL

    The ACCUSED, through counsel, and unto this Honorable Court, most
    respectfully states that:
    1. On February 6, 2017, the parties agreed on a compromise agreement to
    be complied with by the accused until March 31, 2019;

    2. However, due to the acquiescence of the Private Complainant, ENALYN


    CAMANTIGUE, the last payment is to be made this 10th day of April, 2019;

    3. As the Parties consensually agree for the completion of payment, the


    Compromise Agreement entered into by the Parties last February 6, 2017 is
    now deemed complied with and have been completed;

    4. Hence, it is respectfully requested that the Municipal Trial Court in


    Cities, City of Imus, Cavite, in view of the Affidavit of Desistance
    executed by the Private Complainant to this case, to permanently
    dismiss with prejudice the said case;

    5. As the Affidavit of Desistance is already prepared, the Accused


    respectfully moves that the Honorable Court admit the said document.
    Attached herewith is the Affidavit of Desistance;

    WHEREFORE, it is respectfully prayed that the attached AFFIDAVIT


    OF DESISTANCE be admitted and be part of the records herein and that
    the case is PERMANENTLY DISMISSED for complying with the
    Compromise Agreement.

    Other reliefs just and equitable are likewise prayed for.

    Imus City, Cavite, Philippines. April 10, 2019.

    Page 1 of 3
    BY:

    NEMUEL R. CAMARSE
    Counsel for the Accused

    346 P. Burgos Ave. Caridad, Cavite City,


    Cavite Province
    Mobile: 09178036938
    Email: coycamarse1008@gmail.com
    Roll No. 69395
    IBP No. 070385; 01.21.2019
    PTR No. 7337985; 01.06.2019
    MCLE Compliance No. VI-0012083

    Conforme:

    BJORN RUSSEL R. DE GUZMAN


    Accused

    Copy Furnished:

    ENALYN CAMANTIGUE
    Private Complainant

    Office of the Provincial Prosecutor


    Imus, Cavite

    NOTICE OF HEARING

    The Clerk of Court


    MTCC Imus, City

    Office of the City Prosecutor


    Imus City

    ENALYN CAMANTIGUE
    Imus, Cavite

    Greetings!

    Page 2 of 3
    Please be notified that the movant is submitting this Motion for
    consideration of the Honorable Court upon receipt hereof.

    Thank you.

    NEMUEL R. CAMARSE

    Page 3 of 3

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