Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
JUSTICE ON WHEELS
Sarangani Province

THE PEOPLE OF THE CRIMINAL CASE NO. 3404-09

PHILIPPINES,
Plaintiff,

-versus- -for-

SOTO PALACAN LACAY, QUALIFIED THEFT

MINDA PONDONG LACAY,
ET. AL.,
Accused.
x-------------------------------------x

MOTION FOR PERMANENT DISMISSAL

ACCUSED, through counsel from the Public Attorney’s Office,

and to this Honorable Court respectfully states, that;

On 17 April 2017, the Honorable Court ordered the above-

entitled case PROVISIONALLY DISMISSED due to the repeated
failure of the private complainant to appear as well as to execute their
Judicial Affidavit. Attached is the copy of the Order as Annex “1”;

The provisional dismissal of a criminal case, which is a

dismissal without prejudice to the reinstatement thereof, is governed
by Section 8, Rule 117 of the Rules of Court which reads:

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.

PP vs LACAY//CRIMINAL CASE NO. 3404-09//QUALIFIED THEFT

MOTION FOR PERMANENT DISMISSAL
Page 1 of 3
 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.
(Emphasis supplied)

Two (2) years had already lapsed, and the prosecution has not
instituted any action to revive the case; hence, accused respectfully
moves that the case be permanently dismissed.

WHEREFORE, it is most respectfully prayed that an Order for

the permanent dismissal of the above-entitled case be ISSUED.

Alabel, Sarangani Province, 19 July 2019.

RESPECTFULLY SUBMITTED:

PUBLIC ATTORNEY’S OFFICE

Department of Justice
Sarangani District Office
Alabel, Sarangani Province

BY:

BAI ALEFHA HANNAH M. MUSA-ABUBACAR

Public Attorney I
Roll of Attorney No. 67366
MCLE Compliance N0 VI-0009755
IBP OR No. 098228-01/January/2019
Email Add: hannahalefha20@gmail.com
09090154295
PTR Exempt

PP vs LACAY//CRIMINAL CASE NO. 3404-09//QUALIFIED THEFT

MOTION FOR PERMANENT DISMISSAL
Page 2 of 3
 NOTICE

THE CLERK OF COURT

Branch 35
Glan, Sarangani Province

G r e e t i n g s:

Please submit immediately the foregoing Motion for the

consideration and approval of the Honorable Court upon receipt
hereof.

BAI ALEFHA HANNAH M. MUSA-ABUBACAR

Provincial Prosecutor’s Office

Alabel, Sarangani Province

Please take notice that the foregoing Motion is submitted for

the consideration and approval of the Honorable Court.

BAI ALEFHA HANNAH M. MUSA-ABUBACAR

Copy furnished:

PROS. ELMER D. LASTIMOSA

Office of the Provincial Prosecutor Received by:
Alabel, Sarangani Province Date:

PP vs LACAY//CRIMINAL CASE NO. 3404-09//QUALIFIED THEFT

MOTION FOR PERMANENT DISMISSAL
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