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Motion To Revive Sample

The motion requests that the court revive a case of estafa against Rosita Ranada that was previously dismissed due to a compromise agreement between the plaintiff and defendant. However, the defendant failed to comply with the terms of the agreement. As the motion was filed within the two year period allowed, the prosecution asks the court to revive the case and set a hearing date to allow for its speedy disposition.

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248 views2 pages

Motion To Revive Sample

The motion requests that the court revive a case of estafa against Rosita Ranada that was previously dismissed due to a compromise agreement between the plaintiff and defendant. However, the defendant failed to comply with the terms of the agreement. As the motion was filed within the two year period allowed, the prosecution asks the court to revive the case and set a hearing date to allow for its speedy disposition.

Uploaded by

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

FIRST JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 28
San Fernando City, La Union

PEOPLE OF THE PHILIPPINES,


Plaintif,
CRIM. CASE NO. 9647
FOR: ESTAFA
- versus -

ROSITA RANADA,
Accused.
x - - - - - - - - - -- - - - - - - - - - - - - -x

MOTION TO DE-ARCHIVE AND REVIVE

The undersigned Trial Prosecutor unto this Honorable


Court, respectfully avers THAT:

1. On January 9, 2013, a Compromise Agreement was


executed between the plaintiff and the accused
which was duly approved by the Honorable Court
on January 16, 2013;

2. Consequently, the instant case was provisionally


dismissed on the same date;

3. However, the accused never complied with the


terms of the agreement despite mutually and
voluntarily concurring to the same;

4. The order of dismissal was received by the Office of


the City Prosecutor, San Fernando City, La Union
on February 26, 2013 while the private
complainant received his copy on March 8, 2013,
thus, the filing of this motion to revive the instant
case is still within the two-year period provided
under Section 8, Rule 117 of the Revised Rule on
Criminal Procedure;

5. In view of which, the plaintiff moves that the


instant case be revived and set the same for
hearing for its speedy disposition.

PRAYER
WHEREFORE, in light of the foregoing, it is most
respectfully prayed of this Honorable Court to issue an
Order reviving the case and setting the same for
hearing on February 19, 2015 at 8:30 o’clock in the
morning.

Other relief and/or remedies, just and equitable


are likewise prayed for.

San Fernando City, La Union, January 28, 2015.

RODERICK R. AQUINO
Trial Prosecutor
Office of the City Prosecutor
San Fernando City, La Union

NOTICE

The Clerk of Court


RTC-Branch 28
San Fernando City, La Union

Please submit the foregoing motion for the


consideration and approval of the Honorable Court and
set the same for hearing upon receipt hereof.

Thank you.

RODERICK R. AQUINO

Copy Furnished (by registered mail)

Rosita Ranada
Payucpoc Sur,
Bauang, La Union

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