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    LARRACOCHEA MTC CC 477551 CR MotionToPermanentDismissal 10july17

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    Jan Jongko
    The motion requests permanent dismissal of criminal case 477551-CR against the accused Shelia T. Larracochea. It summarizes that the court had previously provisionally dismissed the case on June 29, 2016. Under Section 8 of Rule 117, a provisional dismissal becomes permanent if not revived within one year. As the public prosecutor did not revive the case by June 29, 2017, the motion argues the dismissal is now permanent by operation of law. The motion prays that the court issue an order permanently dismissing the case.

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    LARRACOCHEA MTC CC 477551 CR MotionToPermanentDismissal 10july17

    Uploaded by

    Jan Jongko
    16 views2 pages
    The motion requests permanent dismissal of criminal case 477551-CR against the accused Shelia T. Larracochea. It summarizes that the court had previously provisionally dismissed the case on June 29, 2016. Under Section 8 of Rule 117, a provisional dismissal becomes permanent if not revived within one year. As the public prosecutor did not revive the case by June 29, 2017, the motion argues the dismissal is now permanent by operation of law. The motion prays that the court issue an order permanently dismissing the case.

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    MOTION FOR PERMANENT DISMISSAL

    Original Title

    LARRACOCHEA MTC CC 477551 CR MotionToPermanentDismissal 10July17

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    The motion requests permanent dismissal of criminal case 477551-CR against the accused Shelia T. Larracochea. It summarizes that the court had previously provisionally dismissed the case on June 29, 2016. Under Section 8 of Rule 117, a provisional dismissal becomes permanent if not revived within one year. As the public prosecutor did not revive the case by June 29, 2017, the motion argues the dismissal is now permanent by operation of law. The motion prays that the court issue an order permanently dismissing the case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    16 views2 pages

    LARRACOCHEA MTC CC 477551 CR MotionToPermanentDismissal 10july17

    Uploaded by

    Jan Jongko
    The motion requests permanent dismissal of criminal case 477551-CR against the accused Shelia T. Larracochea. It summarizes that the court had previously provisionally dismissed the case on June 29, 2016. Under Section 8 of Rule 117, a provisional dismissal becomes permanent if not revived within one year. As the public prosecutor did not revive the case by June 29, 2017, the motion argues the dismissal is now permanent by operation of law. The motion prays that the court issue an order permanently dismissing the case.

    Copyright:

    © All Rights Reserved
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    of 2

    Republic of the Philippines

    National Capital Judicial Region


    METROPOLITAN TRIAL COURT
    Branch 15, Manila

    PEOPLE OF THE PHILIPPINES,


    Complainant,

    Crim. Case No. 477551-CR


    - versus -

    EMELITA T. RAMIREZ and


    SHIELA T. LARRACOCHEA,
    Accused.
    x- - - - - - - - - - - - - - - - - - - - - - - - x

    MOTION FOR PERMANENT DISMISSAL

    Accused SHIELA T. LARRACOCHEA, through counsel, respectfully moves for


    the permanent dismissal of the instant case; and in support thereof states that:

    1. On June 29, 2016, this Honorable Court provisionally dismissed the


    instant case. As of June 29, 2017, no motion was filed to revive the case.

    2. Section 8 of Rule 117 of the Rules of Court states that:

    “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…”

    3. Considering that the offense involved in the instant case is


    punishable by imprisonment not exceeding six (6) years and the failure of the
    public prosecutor to revive the same within one (1) year, the order of this
    Honorable Court provisionally dismissing the case is now permanent by operation
    of law.

    PRAYER

    WHEREFORE, it is respectfully prayed that this Honorable Court issue an


    order permanently dismissing the case.

    Other reliefs just and equitable are likewise prayed for.


    Page 2 of 2
    People v. Larracochea
    MTC-Crim Case No. 477551-CR
    Motion
    Pasig City for City of Manila, July 10, 2017.

    BARTOLOME SALAZAR PALOMAR


    & ASSOCIATES
    Counsel for Accused
    Unit 2003, Taipan Place, Ortigas Center
    Pasig City 1605, Metro Manila
    Tel. No. 696-4225
    Fax No. 696-4774

    By:

    JAN MICHAEL R. JONGKO


    Roll No. 64334
    PTR No. 1002991/07-29-2015
    IBP LR No. 013656 - RSM
    MCLE Compliance No. V-0021482

    Copy Furnished
    Public Prosecutor
    Office of the City Prosecutor
    City of Manila

    NOTICE OF AND REQUEST FOR HEARING

    Gentlemen/Madame’s:

    Greetings!

    Please submit the foregoing Motion for consideration and approval of the Honorable
    Court on July 31, 2017 at 8:30am.

    Thank you.

    JAN MICHAEL R. JONGKO

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