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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


METROPOLITAN TRIAL COURT
BRANCH 31, QUEZON CITY

PEOPLE OF THE PHILIPPINES,


Plaintiff,
CRIM CASE NO. M-QZN-17-
versus 11374-CR
For: Acts of Lasciviousness
CHESSON SO Y SY,
Accused.
x-----------------------------------------------x

EX-PARTE MOTION FOR PERMANENT DISMISSAL

Accused CHESSON SO y SY, unto this Honorable Court, states that:

1. During the last hearing of the instant case on 04 September 2018,


the prosecution witness failed to appear before the Honorable Court despite
notice. As such, accused moved for the dismissal of the present case which the
prosecution agreed but only under a provisional dismissal. Accused voluntarily
agreed to such arrangement, hence, the Honorable Court declared in its Order
the following:

“As prayed for by the defense counsel, and for


the continuous failure of prosecution witnesses to
appear, with the manifestation of the Public
Prosecutor that he is only amenable for a provisional
dismissal, let this case be Provisionally Dismissed with
the express consent of the accused. xxx

SO ORDERED.”

2. Considering the lapse of the period as stated in the last Order dated
04 September 2018 of the Honorable Court without any motion from the
prosecution for the revival of the case, accused respectfully moves for its
permanent dismissal.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this


Honorable Court that the present case be PERMANENTLY DISMISSED
for patent lack of interest of the private complainant to prosecute the same.

Such other relief and remedies that are just and equitable are likewise
prayed for.

Quezon City, Metro Manila, 18 October 2019.


CHESSON SO y SY
Accused

The Clerk of Court


Metropolitan Trial Court
Quezon City, Branch 31

Greetings:

Please submit the foregoing Motion for the kind consideration and
approval of the Honorable Court immediately upon receipt hereof.

CHESSON SO y SY
Accused

Copy Furnished:

HON. ACP MARVELOUS MADAMBA


Public Prosecutor
DOJ Building, Q.C. Hall Compound