Republic of the Philippines

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
Branch 43
Roxas, Oriental Mindoro

PEOPLE OF THE PHILIPPINES CRIM. CASE No. R-18-2982

Plaintiff,
-versus- -for-

JUANCHO ORONGAN RIVERA VIOLATION OF SEC. 10 OF R.A. 7610

AND VENUS AQUINO RIVERA
Accused.

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MOTION TO DISMISS
COME NOW, the accused JUANCHO O. RIVERA AND VENUS A. RIVERA,
through the undersigned counsel and unto this Honorable Court, most
respectfully aver the following:

1. That on August 28, 2018, FLORDELISA RIVERA ABENALES, assisted by

her mother, Virginia Rivera Abenales, the private complainant in this
case, executed a SINUMPAANG SALAYSAY NG PAG-AATRAS NG
DEMANDA (Affidavit of Desistance), exculpating above-named accused
of the crime filed against them;
2. That the aforesaid affidavit was subscribed and sworn to before notary
public Atty. Malthie Militar on the same day;
3. That according to the complainant, she is not any more interested in
further prosecuting the case filed against above-named accused based
on the grounds stated in her affidavit;
4. Hence, the undersigned is of the humble submission that without the
favorable statement coming from the complainant, the prosecution of
this case is just an exercise in futility.

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that the instant case against accused JUANCHO ORONGAN
RIVERA and VENUS AQUINO RIVERA be dismissed.
Other reliefs just and equitable under the premises are likewise prayed for.
Roxas, Oriental Mindoro.
September 18, 2018.
Atty. ARNEL T. CALDERON
Counsel for the Accused
Roll of Attorney’s No. 58510
IBP Receipt No. 1069888; 01-10-18
PTR No. 9312468; 01-08-18
Roxas, Oriental Mindoro
 NOTICE

The OIC-Branch Clerk of Court

RTC, Branch 43, Roxas
Or. Mindoro

Greetings:

Please submit the foregoing motion immediately upon receipt for

consideration and approval of the Honorable Court. If further argument is
required, please set the same for hearing on September 27, 2018 at 8:30
o’ clock in the morning or on such date as the counsel may be heard.

Atty. ARNEL T. CALDERON

Copy Furnished:

Office of the Provincial Prosecutor

Roxas, Oriental Mindoro