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Motion To Revive (Sample)

The motion seeks to revive a provisionally dismissed homicide case against John Doe. The case was originally filed and provisionally dismissed with the accused's consent. The private complainant now wishes to proceed with prosecution. The motion requests that the court issue an order reviving the case, setting bail at 120,000 pesos, and scheduling a hearing on the motion.

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6K views3 pages

Motion To Revive (Sample)

The motion seeks to revive a provisionally dismissed homicide case against John Doe. The case was originally filed and provisionally dismissed with the accused's consent. The private complainant now wishes to proceed with prosecution. The motion requests that the court issue an order reviving the case, setting bail at 120,000 pesos, and scheduling a hearing on the motion.

Uploaded by

Togz Mape
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

SUPREME COURT
REGIONAL TRIAL COURT
BRANCH ___
_____ JUDICIAL REGION
__________________________
-oOo-

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO.


Plaintiff, 2019- _________
FOR: HOMICIDE
- versus -

JOHN DOE,
Accused.
x-------------------------x

MOTION TO REVIVE
PROVISIONALLY DISMISSED CASE

COMES NOW, THE PEOPLE OF THE PHILIPPINES,


through the undersigned public prosecutor, unto this Honorable
Court, respectfully avers THAT:

1. The above-captioned case was filed last __________, through


an Information dated _____________, accusing JOHN DOE of
committing homicide;

2. On _________________, the Honorable Court rendered an


Order provisionally dismissing the above-captioned case
with the express consent of herein accused;

3. Recently, the Private Complainant, _________________,


manifested his intention to proceed with the prosecution of
this criminal case and participate in the trial;

4. Pursuant to Section 8, Rule 117 of the Revised Rule on


Criminal Procedure and Section 14 of A.M. No. 12-11-2-SC,
the filing of this motion to revive the instant case is still within
the two-year period from the issuance of the Order of
Dismissal;
5. In the event, the Court finds this motion meritorious and issue
an order approving the revival of this case, a warrant for his
arrest be issued and the amount of Bail recommended be
fixed at One Hundred Twenty Thousand Pesos (Php
120,000.00) pursuant to the 2018 New Bail Bond Guide (DOJ
Circular No. 013- 2018);

WHEREFORE, it is most respectfully prayed of this


Honorable Court to issue an Order reviving the case and setting
the same for hearing.

Other relief and/or remedies, just and equitable are


likewise prayed for.

Dagupan City, _____________2019.

____________________
Prosecutor II
MCLE No. ______________, June _________

REQUEST

The Clerk of Court


RTC-Branch _____
Bulwagan ng Katarungan,
Dagupan City

Please submit the foregoing motion for the consideration and


approval of the Honorable Court and set the same for hearing on
July 26, 2019 at 8:30 in the morning upon receipt hereof.

______________________

2
NOTICE

JOHN DOE
_______________,
Dagupan City

ATTY. ___________________
Public Attorney’s Office
Dagupan City District Office

You are hereby notified that the foregoing motion will be


submitted for the consideration and approval of the Honorable
Court on July 26, 2019 at 8:30 in the morning.

_____________________

Copy furnished:

JOHN DOE
Brgy. Bislig,
Tanauan, Leyte

ATTY. ___________________
Public Attorney’s Office
Dagupan City District Office

A copy of the foregoing motion was served to the accused by


registered mail due to far distance and lack of messengerial aid to
effect service in person.

__________________________

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