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    Motion To Revive-FBR

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    reyvichel
    The private prosecutor filed a Motion to Revive criminal cases that were provisionally dismissed against the accused Raquel Peralta. The cases were dismissed on February 10, 2009 due to the private prosecutor's failure to appear in court, which was caused by illness. The private prosecutor is interested in prosecuting the cases due to the amount involved. The motion requests that the dismissal order be set aside and the cases against the accused be revived. A notice of hearing was also issued setting the motion to be heard on May 29, 2009.

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    Motion To Revive-FBR

    Uploaded by

    reyvichel
    523 views3 pages
    The private prosecutor filed a Motion to Revive criminal cases that were provisionally dismissed against the accused Raquel Peralta. The cases were dismissed on February 10, 2009 due to the private prosecutor's failure to appear in court, which was caused by illness. The private prosecutor is interested in prosecuting the cases due to the amount involved. The motion requests that the dismissal order be set aside and the cases against the accused be revived. A notice of hearing was also issued setting the motion to be heard on May 29, 2009.

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    Motion

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    Motion to Revive-FBR

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    The private prosecutor filed a Motion to Revive criminal cases that were provisionally dismissed against the accused Raquel Peralta. The cases were dismissed on February 10, 2009 due to the private prosecutor's failure to appear in court, which was caused by illness. The private prosecutor is interested in prosecuting the cases due to the amount involved. The motion requests that the dismissal order be set aside and the cases against the accused be revived. A notice of hearing was also issued setting the motion to be heard on May 29, 2009.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    523 views3 pages

    Motion To Revive-FBR

    Uploaded by

    reyvichel
    The private prosecutor filed a Motion to Revive criminal cases that were provisionally dismissed against the accused Raquel Peralta. The cases were dismissed on February 10, 2009 due to the private prosecutor's failure to appear in court, which was caused by illness. The private prosecutor is interested in prosecuting the cases due to the amount involved. The motion requests that the dismissal order be set aside and the cases against the accused be revived. A notice of hearing was also issued setting the motion to be heard on May 29, 2009.

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    Republic of the Philippines

    Metropolitan Trial Court


    National Capital Judicial Region
    Caloocan City
    Branch 53

    People of the Philippines,


    Plaintiff,

    - versus - Crim. Case Nos. 232321-32


    For: Violations of BP 22
    Raquel Peralta,
    Accused.
    x-----------------------------------------x

    MOTION TO REVIVE

    COMES NOW, Private Complainant, by the undersigned private prosecutor


    under the direct control and supervision of the public prosecutor respectfully avers
    that:

    1. On February 25, 2009, the undersigned private prosecutor received an


    order from this Honorable Court dated February 10, 2009 provisionally dismissing
    the instant cases with the express conformity of the accused upon motion by the
    counsel for the accused invoking the constitutional right of the accused for the
    speedy disposition of the cases filed against her.

    2. The failure of the private prosecutor to appear on the hearing of the


    cases scheduled on February 10, 2009 was not intentional but was due to the fact
    that she had suffered from abdominal pain and diarrhea on the said date. Copy of
    the duly notarized medical certificate is attached and integrated hereto as Annex
    A.

    3. Private complainant is very much interested to prosecute the cases


    against the accused considering the amount involved in the said cases;

    PRAYER

    WHEREFORE, in view of the foregoing premises, it is respectfully prayed of


    this Honorable Court that the Order dated February 10, 2009 be set aside and the
    instant cases against the accused be revived.

    1
    Other relief and remedies, just and equitable under the premises are likewise
    prayed for.

    May 18, 2009, Quezon City for the City of Caloocan.

    ATTY. ARLENE D. BANOCNOC


    Private Prosecutor
    2nd Floor SGS Foundation Building
    1335 G. Araneta Avenue, Quezon City 1114
    PTR No. 1173822/January 6, 2009/Quezon City
    IBP No. 767195/January 6, 2009/Manila IV
    Roll of Attorneys No. 42680
    MCLE Compliance No. II-0001535

    With my conformity:

    Assistant Prosecutor Oscar T. Yu


    Office of the City Prosecutor
    Caloocan City

    NOTICE OF HEARING

    Assistant Prosecutor Oscar T. Yu


    Office of the City Prosecutor
    Caloocan City

    Atty. Jack A. Mendaros


    Counsel for the Accused
    Public Attorneys Office
    Caloocan City

    The Branch Clerk of Court


    MeTC Branch 53
    Caloocan City

    Greetings!

    Please be informed that the foregoing Motion to Revive shall be submitted for
    the consideration and approval of the Honorable Court on May 29, 2009 at 8:30 in
    the morning.

    Atty. Arlene D. Banocnoc

    2
    Copy furnished:

    Assistant Prosecutor Oscar T. Yu


    Office of the City Prosecutor
    Caloocan City

    Atty. Jack A. Mendaros


    Counsel for the Accused
    Public Attorneys Office
    Caloocan City

    Raquel Paralta
    Accused
    Batangas Street corner
    Tomas Mapua Street
    Sta Cruz, Manila

    EXPLANATION

    A copy of this Motion was furnished upon the accused by registered mail with
    return card due to lack of personnel to effect personal service.

    Atty. Arlene D. Banocnoc

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