REPUBLIC OF THE PHILIPPINES

First Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
San Carlos City, Pangasinan

PEOPLE OF THE PHILIPPINES,

Plaintiff,
CRIMINAL CASE NO. MTCC-8426
- versus - For: Violation of P.D. 1866

NOEL A. SAMSON,
Accused.
x x

MANIFESTATION
WITH MOTION TO DISMISS

MOVANT LUZ V. SAMSON, unto this Honorable Court most respectfully states:

1. I am the surviving wife of the accused NOEL A. SAMSON in the above-entitled case;

2. In this pending case, the prosecution is still presenting its evidence;

3. However, sometime on April 9, 2016, the accused NOEL A. SAMSON has passed
away. Copy of the Death Certificate of the accused is hereto attached and made
integral part hereof as Annex “A”;

4. Article 89(1) of the Revised Penal Code, as amended, specifically provides the effect
of death of the accused on his criminal, as well as civil, liability. It reads thus:

Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal penalties; and as to the pecuniary penalties
liability therefore is extinguished only when the death of the offender occurs before final
judgment;
Xxx

5. Likewise, the civil liability arising from the offense, if there be any is extinguished;

6. In view of the fact of the death, there is no criminal liability and civil liability to speak
of, even the personal penalties; and as to the pecuniary penalties liability are also
extinguished by virtue of the death of the accused Noel A. Samson and thus this
case should be dismissed;

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court

that due to the death of the accused, the above-captioned cases be dismissed due to the
above- stated reasons.

Other reliefs just and proper under the premises are likewise prayed for.

San Carlos City Pangasinan this 18th day of May2016.

LUZ V. SAMSON
Movant
Rizal St., San Carlos City
Pangasinan

CC: Office of the City Prosecutor

San Carlos City, Pangasinan ……… By personal service .
 REPUBLIC OF THE PHILIPPINES
First Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
San Carlos City, Pangasinan

PEOPLE OF THE PHILIPPINES,

Plaintiff,
CRIMINAL CASE NO. MTCC-8426
- versus - For: Violation of P.D. 1866

NOEL A. SAMSON,
Accused.
x x

MOTION TO WITHDRAW BAILBOND

ACCUSED, thru the undersigned counsel, unto this Honorable Court, most respectfully states
that:

1.) On April 9, 2016, accused Noel A. Samson

2.) That for the provisional liberty of accused, he posted bail in the amount of PhP40,000.00;

3.) In view of the untimely death of the accused, the bail for the abovementioned case may now
be withdrawn and released to the bondsman Atty. Joseph Amadito A. Samson or his/her duly
authorized representative.

WHEREFORE, it is respectfully prayed that the bail bond of the accused in the amount of
PhP40,000.00, be withdrawn and released to his bondsman or his duly authorized representative.

San Carlos City, Pangasinan. May 10, 2016.

SAMSON TORRE ARENAS MONTEMAYOR BERNAL

& ASSOCIATES LAW OFFICE
2nd Floor New Commercial Complex Building
Palaris St., San Carlos City, Pangasinan

By:

JOSEPH AMADITO A. SAMSON

Roll No. 54573/5-4-2007;
IBP No. 0994535/01-04-2016/Pangasinan Chapter
PTR No. 5716552/01-05-2016/San Carlos City, Pangasinan
MCLE Compliance No. V – 0021264 – April 26, 2016

NOTICE OF HEARING
THE CLERK OF COURT
Municipal Trial Court in Cities
San Carlos City, Pangasinan

THE CITY PROSECUTOR

City Prosecutor’s Office
San Carlos City, Pangassinan

GREETINGS:

Please submit the foregoing motion for the kind consideration and approval of the Honorable
Court without further oral argument.

Counsel

Copy furnished:

THE CITY PROSECUTOR

City Prosecutor’s Office
San Carlos City, Pangasinan

By personal delivery: