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    Motion To Revive

    Uploaded by

    Marlon Baltazar
    The document is a motion filed in a regional trial court in the Philippines to revive 9 criminal cases of estafa that were previously dismissed. The cases were originally dismissed after the private complainant said the accused had settled, but now the complainant says the accused reneged on the settlement and did not fulfill their obligations. The motion asks the court to revive the cases in order to protect the interests of the private complainant.

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    © All Rights Reserved
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    Motion To Revive

    Uploaded by

    Marlon Baltazar
    41 views3 pages
    The document is a motion filed in a regional trial court in the Philippines to revive 9 criminal cases of estafa that were previously dismissed. The cases were originally dismissed after the private complainant said the accused had settled, but now the complainant says the accused reneged on the settlement and did not fulfill their obligations. The motion asks the court to revive the cases in order to protect the interests of the private complainant.

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    The document is a motion filed in a regional trial court in the Philippines to revive 9 criminal cases of estafa that were previously dismissed. The cases were originally dismissed after the private complainant said the accused had settled, but now the complainant says the accused reneged on the settlement and did not fulfill their obligations. The motion asks the court to revive the cases in order to protect the interests of the private complainant.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    41 views3 pages

    Motion To Revive

    Uploaded by

    Marlon Baltazar
    The document is a motion filed in a regional trial court in the Philippines to revive 9 criminal cases of estafa that were previously dismissed. The cases were originally dismissed after the private complainant said the accused had settled, but now the complainant says the accused reneged on the settlement and did not fulfill their obligations. The motion asks the court to revive the cases in order to protect the interests of the private complainant.

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    © All Rights Reserved
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    Republic of the PHILIPPINES

    REGIONAL TRIAL COURT


    9TH Judicial Region
    BRANCH 12
    Zamboanga City

    PEOPLE OF THE PHILIPPINES, CRIM. CASE NOS. 13452 to


    13461
    Plaintiff,

    -versus- - for –

    ROSEMARIE T. BELDAN, ESTAFA UNDER ART. 315-1(b)


    of
    Accused. REVISED PENAL CODE
    X - - - - - - - - - - - - - - - - - - - -/

    MOTION TO REVIVE

    COMES NOW THE PLAINTIFF, through the undersigned, most

    respectfully moves for the re-opening and revival of the above-entitled

    cases. In support thereof, it is averred:

    1. That on March 1, 2009, the plaintiff filed a Motion for

    Provisional Dismissal of the above-entitled cases. The said

    motion was premised on the fact that the private complainant

    was no longer interested in prosecuting the case when she

    executed an Affidavit of Desistance. In the said Affidavit,

    private complainant alleged that accused has settled her

    obligation. The said Motion for Provisional Dismissal was

    approved by this court in an Order dated June 11, 2009;

    2. Lately, however, private complainant appeared before the

    undersigned with the information that the Accused reneged

    on their settlement and failed to fully comply with her

    obligation despite being allowed so much leeway and

    opportunity. There is no other recourse but to ask for the

    cases to be re-opened and revived in order to protect the

    interest of the private complainant.


    WHEREFORE, premises considered and in accordance with Sec.8,

    Rule 117 of the Rules of Court, it is respectfully prayed that the above-

    entitled cases against Accused be revived and after hearing of this

    Motion, the cases be set for the initial


    presentation of the evidence for the plaintiff as soon as the Court’s

    calendar may permit.

    All other reliefs, just and equitable under the premises are

    likewise prayed for.

    Done this 25th day of April, 2011 in Zamboanga City, Philippines.

    IVY FEROLINO DAMAYO


    Assistant Regional Prosecutor, Detailed
    Trial Prosecutor
    MCLE Exemption No. III-000529 dated July 8, 2009

    NOTICE OF HEARING

    ATTY. NIMFA CARREON-PADAO


    Clerk of Court
    RTC, Branch 12
    Zamboanga City

    Madam:

    GREETINGS! Please be notified that the undersigned is


    submitting the foregoing Motion for the resolution and approval of this
    Court immediately upon receipt sans arguments of counsels. Thank
    you.

    IVY F. DAMAYO

    Copy furnished:

    ATTY. JOSE MA. D. SAAVEDRA


    Counsel for Accused
    Zamboanga City

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