Motion to Revive Sample

REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT BRANCH 28 San Fernando City, La Union PEOPLE OF THE PHILIPPINES, Plaintif,

CRIM. CASE NO. 9647 FOR: ESTAFA

- versus ROSITA RANADA, Accused. x - - - - - - - - - -- - - - - - - - - - - - - -x MOTION TO DE-ARCHIVE AND REVIVE The undersigned Trial Prosecutor unto this Honorable Court, respectfully avers THAT: 1. On January 9, 2013, a Compromise Agreement was executed between the plaintiff and the accused which was duly approved by the Honorable Court on January 16, 2013; 2. Consequently, the instant case was provisionally dismissed on the same date; 3. However, the accused never complied with the terms of the agreement despite mutually and voluntarily concurring to the same; 4. The order of dismissal was received by the Office of the City Prosecutor, San Fernando City, La Union on February 26, 2013 while the private complainant received his copy on March 8, 2013, thus, the filing of this motion to revive the instant case is still within the two-year period provided under Section 8, Rule 117 of the Revised Rule on Criminal Procedure; 5. In view of which, the plaintiff moves that the instant case be revived and set the same for hearing for its speedy disposition. PRAYER

WHEREFORE, in light of the foregoing, it is most respectfully prayed of this Honorable Court to issue an Order reviving the case and setting the same for hearing on February 19, 2015 at 8:30 o’clock in the morning. Other relief and/or remedies, just and equitable are likewise prayed for. San Fernando City, La Union, January 28, 2015. RODERICK R. AQUINO Trial Prosecutor Office of the City Prosecutor San Fernando City, La Union

NOTICE The Clerk of Court RTC-Branch 28 San Fernando City, La Union Please submit the foregoing motion for the consideration and approval of the Honorable Court and set the same for hearing upon receipt hereof. Thank you. RODERICK R. AQUINO

Copy Furnished (by registered mail) Rosita Ranada Payucpoc Sur, Bauang, La Union

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