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    Motion To Revive and Withdraw Information

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    Pnix Hortinela
    The document is an ex-parte motion from an Assistant Provincial Prosecutor to the Regional Trial Court requesting to revive and withdraw an information against Leo Lapaz for the crime of rape. The motion states that the complainant has executed an affidavit of desistance and no longer wishes to pursue the case, as the incident occurred many years ago and she has forgiven the accused. Therefore, the prosecutor requests that the court revive the case from the archives and allow its withdrawal, and also order the release of the accused from detention unless being held for other causes.

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    Motion To Revive and Withdraw Information

    Uploaded by

    Pnix Hortinela
    292 views2 pages
    The document is an ex-parte motion from an Assistant Provincial Prosecutor to the Regional Trial Court requesting to revive and withdraw an information against Leo Lapaz for the crime of rape. The motion states that the complainant has executed an affidavit of desistance and no longer wishes to pursue the case, as the incident occurred many years ago and she has forgiven the accused. Therefore, the prosecutor requests that the court revive the case from the archives and allow its withdrawal, and also order the release of the accused from detention unless being held for other causes.

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    Motion to Revive and Withdraw Information

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    The document is an ex-parte motion from an Assistant Provincial Prosecutor to the Regional Trial Court requesting to revive and withdraw an information against Leo Lapaz for the crime of rape. The motion states that the complainant has executed an affidavit of desistance and no longer wishes to pursue the case, as the incident occurred many years ago and she has forgiven the accused. Therefore, the prosecutor requests that the court revive the case from the archives and allow its withdrawal, and also order the release of the accused from detention unless being held for other causes.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    292 views2 pages

    Motion To Revive and Withdraw Information

    Uploaded by

    Pnix Hortinela
    The document is an ex-parte motion from an Assistant Provincial Prosecutor to the Regional Trial Court requesting to revive and withdraw an information against Leo Lapaz for the crime of rape. The motion states that the complainant has executed an affidavit of desistance and no longer wishes to pursue the case, as the incident occurred many years ago and she has forgiven the accused. Therefore, the prosecutor requests that the court revive the case from the archives and allow its withdrawal, and also order the release of the accused from detention unless being held for other causes.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    You are on page 1of 2

    REPUBLIC OF THE PHILIPPINES

    SUPREME COURT
    REGIONAL TRIAL COURT
    SIXTH JUDICIAL REGION
    BRANCH 61
    BUGASONG, ANTIQUE
    STATION: HALL OF JUSTICE
    SAN JOSE,A NTIQUE

    PEOPLE OF THE PHILIPPINES,

    - Versus - CRIMINAL CASE


    NO. 1234

    LEO LAPAZ , FOR: RAPE


    Accused.
    X--------------------- --X

    EX-PARTE MOTION TO REVIVE AND


    WITHDRAW INFORMATION

    COMES NOW, the undersigned Assistant Provincial Prosecutor and unto


    this Honorable Court most respectfully alleges:

    1. That the complaining witness JOSE JARO personally appeared


    before the undersigned and executed an Affidavit of Desistance,;

    2. She declared that after the above-entitled case was filed before
    this Honorable Court on July 23, 1998 the said case was later
    sent to archived since the accused have remained at-
    large;

    3. That recently the accused was arrested and he is presently


    detained at the Antique Rehabilitation Center;

    4. The complaining witness further declared that the incident


    happened many years ago and she had already forgiven the
    accused of his misdeeds;

    5. That for said reasons she is no longer interested to pursue the


    present case;

    6. That since this case was sent to archive the undersigned desires
    that the same be ordered revived by this Honorable Court.

    - Page 2 -
    PRAYER

    WHEREFORE, premises considered, the undersigned most


    respectfully pray before this Honorable Court that the Information
    filed in the above-entitled case be ordered revived and the same be
    withdrawn and the accused who is presently detained at the Antique
    Rehabilitation Center be released from detention unless he is being
    held for some other cause or causes.

    San Jose, Antique, APRIL 2, 2017.

    Phoenix B. Hortinela
    Asst. Provincial Prosecutor
    Officer-In-Charge

    The Clerk of Court


    RTC, Branch 64

    Greetings:

    Please submit the foregoing Ex-Parte Motion for the kind consideration
    of the Honorable Court immediately upon receipt thereof.

    Phoenix B. Hortinela
    Asst. Provincial Prosecutor

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