Republic of the Philippines

REGIONAL TRIAL COURT

_________________
______________________

PEOPLE OF THE PHILIPPINES,

Plaintiff,
-versus- Criminal Case No. _______
For: Estafa

_________________________,
Accused.
x - - - - - - - - - - - - - - - - -- - - x

MOTION FOR PROVISIONAL DISMISSAL

NOW comes, the undersigned Prosecutor unto this Honorable Court
most respectfully moves for the provisional dismissal of the above-entitled
case, and for this purpose hereby avers that:

1. An AFFIDAVIT OF DESISTANCE was executed by the Private

Complainant _________________, copy of which is hereto attached and
marked as Annex “A”;

2. That in said affidavit of desistance, the complaining witness

manifested that she is no longer interested in pursuing her complaint and
that she is already aware of the consequences of having executed an
affidavit of Desistance;

3. That without the testimony of the complaining witness, the

prosecution cannot prove the guilt of the accused beyond reasonable doubt.

WHEREFORE, it is most respectfully prayed of this Honorable Court

that this instant motion be granted and that the above-entitled case be
dismissed provisionally, that is, subject to the condition that the accused will
faithfully comply with the agreements laid down in the affidavit of
desistance.

Respectfully submitted this ________________at ______________.

________________________
Assistant Provincial Prosecutor

Approved by:

________________________
Provincial Prosecutor

NOTICE OF HEARING
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Public Attorney’s Office
__________________

The Branch Clerk of Court

RTC, Branch 26
___________________
Greetings:

Please submit the foregoing Motion for Provisional Dismissal for

consideration and approval of the Honorable Court immediately upon
receipt, sans appearance.

____________________________
Assistant Provincial Prosecutor

cc: _______________
(Defense Counsel)

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