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    Sample Motion To Dismiss Desistance

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    marilyn domalaon
    The accused, through their public attorney, filed a Motion to Dismiss the criminal case against them for grave threat. They argued that the private complainant became hostile to the prosecution and signed an Affidavit of Desistance. Without the complainant's cooperation, the prosecution will have difficulty proving guilt beyond a reasonable doubt. The accused requested the court dismiss the case.

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    Sample Motion To Dismiss Desistance

    Uploaded by

    marilyn domalaon
    3K views1 page
    The accused, through their public attorney, filed a Motion to Dismiss the criminal case against them for grave threat. They argued that the private complainant became hostile to the prosecution and signed an Affidavit of Desistance. Without the complainant's cooperation, the prosecution will have difficulty proving guilt beyond a reasonable doubt. The accused requested the court dismiss the case.

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    DISMISSAL DUE TO DESISTANCE OF PRIVATE COMPLAINANT

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    Sample Motion to Dismiss Desistance

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    The accused, through their public attorney, filed a Motion to Dismiss the criminal case against them for grave threat. They argued that the private complainant became hostile to the prosecution and signed an Affidavit of Desistance. Without the complainant's cooperation, the prosecution will have difficulty proving guilt beyond a reasonable doubt. The accused requested the court dismiss the case.

    Copyright:

    © All Rights Reserved
    3K views1 page

    Sample Motion To Dismiss Desistance

    Uploaded by

    marilyn domalaon
    The accused, through their public attorney, filed a Motion to Dismiss the criminal case against them for grave threat. They argued that the private complainant became hostile to the prosecution and signed an Affidavit of Desistance. Without the complainant's cooperation, the prosecution will have difficulty proving guilt beyond a reasonable doubt. The accused requested the court dismiss the case.

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    © All Rights Reserved
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    Republic of the Philippines

    MUNICIPAL CIRCUIT TRIAL COURT

    PEOPLE OF THE PHILIPPINES

    -versus- CRIM. CASE NO.


    For: “GRAVE THREAT”

    Accused.
    X------------------------x

    MOTION TO DISMISS
    ACCUSED, _____, through the undersigned Public Attorney, in the
    above-entitled case, unto this Honorable Court, most respectfully moves
    for the dismissal of the above-entitled case on the ground that the private
    complainant in the said case, _______________, has already become
    hostile for the cause of the prosecution by his execution of Affidavit of
    Desistance hereto attached and marked as Annex “1”;

    Without the said complainant’s active participation and


    cooperation, the prosecution will find it hard to prove the guilt of the
    accused beyond reasonable doubt.

    WHEREFORE, premises considered, it is respectfully prayed of


    this Honorable Court that the above-entitled case be DISMISSED.

    Respectfully submitted.
    _____Philippines, January ___, 2019.

    COUNSEL FOR THE ACCUSED

    The Clerk of Court


    MCTC, ___________

    GREETINGS!

    Kindly submit the foregoing Motion to Dismiss to the Honorable Court for consideration and
    immediate resolution upon receipt.

    ATTY. __________

    Copy furnished:

    Office of the Provincial Prosecutor

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