Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 2
City of ______________

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No. 153
- versus -

BOY TISAMA
Accused.
x/

MOTION FOR PROVISIONAL DISMISSAL

UNDERSIGNED COUNSEL FOR THE ACCUSED IN THE

ABOVE-MENTIONED CASE, unto this Honorable Court, most
respectfully state that:

1. That private complainant have executed a duly notarized affidavit of

desistance signifying his manifest disinterest to prosecute his case;
Copy hereof is hereto attached as Annex 1;

2. That with that express declaration of the private offended party, the
probability of the conviction of the accused would be remote, if not
nil, hence, there is no need to waste the precious time of the court to
conduct further proceedings therefor and add to the clogging of its
docket;

3. That Sections 16, Art. III, of the 1987 Constitution provides:

Sec. 16. All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or administrative bodies.

4. That in case the Honorable Court favorably acts upon the instant
motion, the prosecution would not be unduly prejudiced thereby,
considering that the instant case maybe revived, if warranted, within
the reglementary period of one (1) year therefrom;

5. That the above-named accused voluntarily gives their free and

unequivocal consent and unanimous conformity to the provisional
dismissal of these cases pursuant to Section 8, Rule 117;

WHEREFORE, viewed from the foregoing reasons, it is most

respectfully prayed of this Honorable Court that the above-mentioned case
be provisionally dismissed, as well as other reliefs just and equitable under
the premises.

City of ________, April 18, 2013.

By:

ATTY. JOHN SANTOS

Counsel for the Accused
Roll No. 07493
IBP 809X601/MCLE Comp V 0012344