Motion To Revive Case: Metc/Mtcc/Mtc/Mctc Case No. RTC For Court Use Only
Motion To Revive Case: Metc/Mtcc/Mtc/Mctc Case No. RTC For Court Use Only
Motion to Revive
Original Court, 1st Copy Prosecutor, 2nd Copy Accused, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court use, which shall be
completed by the Clerk.
BRANCH
Other Compliances
Attorney for
Prosecution: Public Prosecutor Private Prosecutor
Defense: Public Attorney Private Counsel
Other
PROOF OF SERVICE
A copy of this Motion was served upon parties and/or their counsel(s) on via
Personal Service
Facsimile or other Electronic Means
NOTICE OF HEARING
GREETINGS: Please take notice that the foregoing Motion to Revive shall be submitted for the
consideration and approval of the Honorable Court on at .
Public Prosecutor
ORDER
DENIED.
SO ORDERED.
Judge Date
COPY FURNISHED
SPECIAL INSTRUCTIONS
The court, motu proprio or upon motion of any party, may likewise archive a criminal case when
proceedings therein are ordered suspended for an indefinite period because:
1) the accused appears to be suffering from an unsound mental condition which effectively renders
him unable to fully understand the charge against him and to plead intelligently, or to undergo
trial, and he has to be committed to a mental hospital;
2) a valid prejudicial question in a civil action is invoked during the pendency of the criminal case
unless the civil and the criminal cases are consolidated;
3) an interlocutory order or incident in the criminal case is elevated to, and is pending
resolution/decision for an indefinite period before a higher court which has issued a temporary
restraining order or writ of preliminary injunction; and
4) when the accused has jumped bail before arraignment and cannot be arrested by his bondsmen.
(A.M. No. 7-A-92-SC, Guidelines in the Archiving of Cases)