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Motion for Permanent Dismissal Rape20191013 58635 1qkqxau

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Motion for Permanent Dismissal Rape20191013 58635 1qkqxau
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  Republic of the PhilippinesNational Capital Judicial Region REGIONAL TRIAL COURT Branch 43, Manila PEOPLE OF THE PHILIPPINES,  Plainti,- versus - Criminal Case No. 10-274230  For: Rape CIRILO PRILLA @”JHUN”,  Accused.x-----------------------------------------------x MOTION FOR PERMANENT DISMISSAL  Accused , CIRILO PRILLA @”JHUN” , by himself, andunto this Honorable Court, most respectfully states that:1.On 6 th October 2017, the Honorable Court issued anOrder provisionally dismissing the above-entitled casefor failure of the private complainant and any of itswitnesses to appear on scheduled hearing dates set bythe Honorable Court and considering the repeatedabsence of the private complainant without any justiable cause;2.To date, the above entitled case has not been revivedby the complaining witness/es.3.Under Section 8 Rule 117 of the Rules of Court,provides that: “The provisional dismissal of oensespunishable by imprisonment not exceedingsix years or a ne of any amount, or both,shall become permanent one year after issuance of the order without the casehaving been revived. With respect tooenses punishable by imprisonment of more than six years, their provisionaldismissal shall become permanent two years  after issuance of the order without casehaving been revived.” WHEREFORE  , premises considered, it is respectfullyprayed that the above-captioned cases be PERMANENTLY DISMISSED.Other relief and remedies just and equitable under thepremises are likewise prayed for.Manila Philippines. 14 October 2019. CIRILO PRILLA @”JHUN”  Accused Block 52 Lot 29 Phase II, Pinagsama Village, Taguig City NOTICE OF HEARINGThe Clerk of Court RTC Branch 43Manila City Prosecutor  City Prosecutor’s OiceManila G R E E T I N G S :Please take notice that the foregoing motion will besubmitted for the consideration of this Honorable Court on 25 October 2019 at 8:30 in the morning  or at any datethat the court will set. CIRILO PRILLA @”JHUN” Copy furnished: OFFICE OF THE CITY PROSECUTOR  Manila
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