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    Motion To Dismiss

    Uploaded by

    Glenn Rey D. Anino
    This document is a motion filed in a criminal case in the Municipal Trial Court of Bay, Laguna. [1] The motion seeks to dismiss the criminal case against the accused, Clefford Serana, who was charged with reckless imprudence resulting in homicide, injuries, and damage to property from a vehicle incident. [2] The motion cites affidavits of desistance signed by the private complainants stating they no longer wish to pursue the case and believe the incident was purely accidental. [3] The motion argues these affidavits constitute evidence that should be evaluated by the court and requests the case be dismissed.

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    © All Rights Reserved
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    Motion To Dismiss

    Uploaded by

    Glenn Rey D. Anino
    692 views4 pages
    This document is a motion filed in a criminal case in the Municipal Trial Court of Bay, Laguna. [1] The motion seeks to dismiss the criminal case against the accused, Clefford Serana, who was charged with reckless imprudence resulting in homicide, injuries, and damage to property from a vehicle incident. [2] The motion cites affidavits of desistance signed by the private complainants stating they no longer wish to pursue the case and believe the incident was purely accidental. [3] The motion argues these affidavits constitute evidence that should be evaluated by the court and requests the case be dismissed.

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    motion to dismiss

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    This document is a motion filed in a criminal case in the Municipal Trial Court of Bay, Laguna. [1] The motion seeks to dismiss the criminal case against the accused, Clefford Serana, who was charged with reckless imprudence resulting in homicide, injuries, and damage to property from a vehicle incident. [2] The motion cites affidavits of desistance signed by the private complainants stating they no longer wish to pursue the case and believe the incident was purely accidental. [3] The motion argues these affidavits constitute evidence that should be evaluated by the court and requests the case be dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    692 views4 pages

    Motion To Dismiss

    Uploaded by

    Glenn Rey D. Anino
    This document is a motion filed in a criminal case in the Municipal Trial Court of Bay, Laguna. [1] The motion seeks to dismiss the criminal case against the accused, Clefford Serana, who was charged with reckless imprudence resulting in homicide, injuries, and damage to property from a vehicle incident. [2] The motion cites affidavits of desistance signed by the private complainants stating they no longer wish to pursue the case and believe the incident was purely accidental. [3] The motion argues these affidavits constitute evidence that should be evaluated by the court and requests the case be dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    At a glance
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    The case involves a vehicle accident that resulted in a death and injuries. The accused and private complainants have reached a settlement agreement and the private complainants have executed affidavits of desistance.

    The case involves charges of reckless imprudence resulting in homicide, physical injuries, and damage to property being filed against Clefford T. Serana stemming from a vehicle accident on December 20, 2020.

    The accused is filing a motion to dismiss the case and admit the private complainants' affidavits of desistance.

    REPUBLIC OF THE PHILIPPINES

    MUNICIPAL TRIAL COURT


    BAY, LAGUNA

    PEOPLE OF THE PHILIPPINES,


    Plaintiff,

    versus - Crim. Case No. 5905

    FOR: Reckless Imprudence


    Resulting in Homicide,
    Physical Injuries and Dam-
    age to Property

    CLEFFORD T. SERANA
    Accused.
    x--------------------------------------------------------------------------x

    MOTION TO DISMISS AND TO ADMIT PRI-


    VATE COMPLAINANTS’ AFFIDAVIT OF DE-
    SISTANCE
    Accused CLEFFORD T. SERANA, by counsel, to this Hon-
    orable Court, respectfully states: That-

    PREFATORY

    The affidavit may possibly constitute evidence whose


    weight or probative value, like any other piece of evi-
    dence, would be up to the court for proper evalua-
    tion.1

    STATEMENT OF FACTS:

    1. In 2019, the Office of the Provincial Prosecutor of La-


    guna filed before this Court an Information charging herein ac-
    cused for Reckless Imprudence Resulting in Homicide, Physical
    Injuries and Damage to Properties.

    1 Alonte vs. Sabellano, Jr. et.al. G.R. No. 131652 March 9, 1998.

    1
    2. When the case was called for arraignment on Janu-
    ary 17, 2020, the accused entered a plea of not guilty. On the
    same proceeding, both the accused and the private complain-
    ants manifested before this Court that the parties had already
    entered into an amicable settlement.

    Copies of the Deed of Release, Waiver, and Quitclaim with


    Undertaking and Release, Waiver, and Quitclaim with Under-
    taking are attached as Annexes “A” and “B”, respectively.

    5. On January 17, 2020, the private complainants Ald-


    ous D. Bague, Erlinda A. Lanceta and Argie A. Lanceta repre-
    sented by her mother and co-complainant Erlinda A. Lanceta
    executed an Affidavit of Desistance before the Honorable Prose-
    cutor Quedayan stating, among others:

    a. Upon further consideration and thought, and based


    on our subsequent negotiation and discussion, we have come
    to the determination that the vehicle incident, which occurred
    on December 20, 2020 which resulted to the death of Redan D.
    Bague, physical injury to herein private complainant Argie Ar-
    tillagas Lanceta and damage to Yamaha motorcycle with side
    car with Plate No. 047610, was purely and accident and without
    fault on the part of Clifford T. Serana.

    b. In consideration of the foregoing, we are no longer


    interested in pursuing or prosecuting the instant case and we
    hereby absolutely, and unconditionally REMISE, RELEASE and
    forever DISCHARGE, and expressly relieve and hold Mr.
    CLEFFORD T. SERANA and/or ORO OXYGEN CORPORATION,
    free and harmless from any and all claims, responsibilities, ac-
    tions, liabilities compensation or damages which we had, or
    may have, under the law or equity, resulting from or in any
    manner connected with the Subject Case, the intention hereof
    being to completely and absolutely release Mr. CLEFFORD T.
    SERANA and/or ORO OXYGEN CORPORATION from all liabili-
    ties arising wholly, partially or directly from the Subject Case.

    A copy of the Affidavit of Desistance is attached as Annex


    “C”.

    6. On the same vein, private complainant Jerome D.


    Garcia executed an Affidavit of Desistance under the same tenor
    with the other complainants.

    A copy of the Affidavit of Desistance is attached as Annex


    “D”.
    2
    7. From the foregoing Affidavit of Desistance, private
    complainants are sincere in signifying their intention to refrain
    from testifying since they executed the same before the start of
    the trial of the case. Further, said Affidavit of Desistance con-
    tains statement that disavows the veracity of their complaints
    against the accused.

    8. While an affidavit of desistance by itself is not a


    ground for the dismissal of the criminal case once the action
    has been instituted, said affidavit, nevertheless, may possibly
    constitute evidence whose weight or probative value, like any
    other piece of evidence, would be up to the court for proper eval-
    uation.

    9. In this regard, the accused respectfully moves for the


    dismissal of the present case against him.

    RELIEF
    WHEREFORE, premises considered, it is respectfully
    prayed of this Honorable Court that the foregoing Affidavit of
    Desistance be NOTED and that this case BE DISMISSED.

    Other just and equitable reliefs are likewise prayed for un-
    der the premises.

    Makati City for Bay, Laguna. January 20, 2020.

    G.D. ANINO & ASSOCIATES LAW OFFICES


    Counsel for the Accused
    Unit 2802 Cityland Pasong Tamo Tower
    2210 Chino Roces Avenue, Pio del Pilar
    Makati City
    Tel. No. (02) 8256-2252
    aninolaw@gmail.com

    By:

    3
    GLENN REY D. ANINO
    IBP No. 058317; 01/03/19; CalMaNa
    PTR No. 8009326; 01/04/19; Manila City
    Roll of Attorneys No. 66902
    MCLE Compliance No. VI-0011082
    Issued on August 2, 2018

    COPY FURNISHED, NOTICE & EXPLANATION

    OFFICE OF THE PROVINCIAL PROSECUTOR


    Sta. Cruz, Laguna

    Please take notice that foregoing motion will be submitted


    for the consideration and approval of the Honorable Court on
    immediately upon receipt hereof without further oral arguments
    or appearance.

    The filing and/or service of the foregoing is/are via regis-


    tered mail/alternative courier due to lack of manpower to effect
    personal filing and/or service and due to the distance involved
    and/or time constraints. (Please disregard if the filing and/or
    service was effected personally.)

    GLENN REY D. ANINO

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