Republic of the Philippines REGIONAL TRIAL COURT 5th Judicial Region Branch 37, Iriga City PEOPLE OF THE

PHILIPPINES, Complainant, -versus9571 Crim. Case No. IR-9572 NOLITO SALES y OCCIANO, Accused. X--------------------------------------------X Crim. Case No. IR-

URGENT MOTION FOR PROVISIONAL DISMISSAL with leave of Court

COMES NOW, the accused and to this Honorable Court, respectfully moves for the provisional dismissal of the complaints with leave of Court for both cases as follows, to wit: 1. That I am accused in the abovementioned cases, a Filipino, married to the complaining witness and currently residing at Zone 5 La Purisima, Nabua, Camarines Sur. The offended party is Susan Sales y Palcon, Filipino, married to the accused and currently residing at Zone 5 La Purisima, Nabua, Camarines Sur; 2. That on October 28, 2010, 2004, the complaining witness executed and filed a Complaint before the Provincial Prosecution Office of Iriga City for slight Physical Injuries in relation to RA 9262. The Complaint was docketed as I.S. No. V-101-INV 10J-00908 entitled People of the Philippines, Complainant, vs. Nolito Sales y Occiano, Accused. 3. That a resolution by the Provincial Prosecutors Office, Iriga City dated December 16, 2010 charged the accused with two crimes,

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that is, for Less Serious Physical Injury in Relation to Section 5(a) of RA 9262 and Violation of Section 5(i) of RA 9262;

4. That on March 20, 2011, nearly 5 months had passed, the offended party went back to the conjugal home at Zone 5, La Purisima, Nabua, Camarines Sur, in order to mend the marriage, bring unity back to the family and for the sake of their four (4) children; It was a mutual decision because of their love for one another, unaware that On April 29, the accused was to be arrested for the abovementioned crimes filed against him by his wife, the offended party in this case; A copy of her affidavit of conformity is hereto attached as Annex A; 5. That under the Rules of Criminal Procedure, Rule 117, SEC. 8. Provisional dismissal. - A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party. The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or a fine of any amount, or both, shall become permanent one (1) year after issuance of the order without the case having been revived. With respect to offenses punishable by imprisonment of more than six (6) years, their provisional dismissal shall become permanent two (2) years after issuance of the order without the case having been revived. A case is provisionally requirements concur: dismissed if the following

1) The prosecution with the express conformity of the accused, or the accused, moves for a provisional dismissal (sin perjuicio) of his case (EMPHASIS SUPPLIED) ; or both the prosecution and the accused move for its provisional dismissal;

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2) The offended party is notified of the motion for a provisional dismissal of the case; 3) The court issues an order granting the motion and dismissing the case provisionally; and 4) The public prosecutor is served with a copy of the order of provisional dismissal of the case. 6. That by virtue of the abovementioned law, the accused may move for the provisional dismissal of the abovementioned cases with the conformity of the complaining witness, the offended party in these cases;
7. That a provisional dismissal does not require a ground for which a

provisional dismissal may be granted as provided in the case of ARIEL M. LOS BAOS, on behalf of P/Supt. Victor Arevalo, SPO2 Marcial Olympia, SPO1 Rocky Mercene and PO1 Raul Adlawan, and in his personal capacity, Petitioner, vs.JOEL R. PEDRO, Respondent. G.R. No. 173588: April 22, 2009;
8. Xxx To recapitulate, quashal and provisional dismissal are different

concepts whose respective rules refer to different situations that should not be confused with one another. If the problem relates to an intrinsic or extrinsic deficiency of the complaint or information, as shown on its face, the remedy is a motion to quash under the terms of Section 3, Rule 117. All other reasons for seeking the dismissal of the complaint or information, before arraignment and under the circumstances outlined in Section 8, fall under provisional dismissal. xxx (emphasis supplied) ARIEL M. LOS BAOS, on behalf of P/Supt. Victor Arevalo, SPO2 Marcial Olympia, SPO1 Rocky Mercene and PO1 Raul Adlawan, and in his
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personal capacity, Petitioner, vs.JOEL R. PEDRO, Respondent. G.R. No. 173588: April 22, 2009; 9. That to prove that the accused really loves his wife, the offended party in these cases, and to mend their marriage and for the sake of their children, the accused hereto expressly consents and moves for the provisional dismissal of the abovementioned cases and its concomitant obligations provided therein; 10. That the offended party is likewise notified, not to mention the

fact that the offended party is the one pushing for the dismissal of the abovementioned cases in behalf of the restitution of the family ties and to bring unity back to the family. WHEREFORE, in view of the foregoing, and in the interest of justice, the accused respectfully prays for the provisional dismissal of the abovementioned cases; Other Equitable reliefs are prayed for. Nabua, Camarines Sur for Iriga City, Philippines, this 3rd day of May 2011. ________________________________________ NOLITO SALES y OCCIANO Accused Zone 5 La Purisima, Nabua, Camarines Sur With my conformity: SUSAN SALES Y PALCON Complaining witness Zone 5 La Purisima, Nabua, Camarines Sur 4434 Copy furnished: ATTY. RIMA B. ORBON-ORTEGA
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Assistant Provincial Prosecutor Provincial Prosecution Office Hall of Justice, Iriga City NOTICE OF HEARING Greetings: Please submit the same for your consideration immediately upon receipt and p lease set the foregoing motion on May 6, 2011 at 10:00 AM.

NOLITO SALES y OCCIANO

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