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  • Motion To Dismiss-Corbo

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    Jackelyn J. Perandos
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    This document is a motion to dismiss criminal charges of qualified theft filed on behalf of accused Elizer Corbo. It summarizes that the private complainant executed an affidavit of desistance and failed to appear in court hearings. It also notes that the accused is of advanced age and poor health, placing him at high risk during the COVID-19 pandemic. The motion requests that the case be dismissed and the accused be immediately released from detention.

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    This document is a motion to dismiss criminal charges of qualified theft filed on behalf of accused Elizer Corbo. It summarizes that the private complainant executed an affidavit of desistance and failed to appear in court hearings. It also notes that the accused is of advanced age and poor health, placing him at high risk during the COVID-19 pandemic. The motion requests that the case be dismissed and the accused be immediately released from detention.

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    © All Rights Reserved
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    71 views3 pages

    Motion To Dismiss-Corbo

    Uploaded by

    Jackelyn J. Perandos
    This document is a motion to dismiss criminal charges of qualified theft filed on behalf of accused Elizer Corbo. It summarizes that the private complainant executed an affidavit of desistance and failed to appear in court hearings. It also notes that the accused is of advanced age and poor health, placing him at high risk during the COVID-19 pandemic. The motion requests that the case be dismissed and the accused be immediately released from detention.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 3

    Republic of the Philippines

    REGIONAL TRIAL COURT


    11th Judicial Region
    Branch 57
    Mabini, Davao de Oro

    People of the Philippines, Criminal Case No. (10911)2881


    Plaintiff,

    -versus- for: Qualified Theft

    Elizer Corbo and Nonoy


    De Guzman,
    Accused.
    x----------------------------------------/

    MOTION TO DISMISS
    (With Affidavit of Desistance)

    Accused ELIZER CORBO, assisted by the Public Attorney’s Office,


    through the undersigned counsel, unto this Honorable Court, most
    respectfully states:

    1. That accused is presently detained at the Provincial Rehabilitation


    Center of Davao de Oro, Mankilam, Tagum City, Davao del Norte;

    2. That the private complainant in this case, Ruperto P. Detros,


    executed an Affidavit of Desistance dated February 10, 2020 for
    accused Elizer Corbo. The said affidavit was duly subscribed by Deputy
    Provincial Prosecutor Rucel Cayetano. A copy of the Affidavit of
    Desistance was already submitted to the Honorable Court;

    3. That during the arraigment and pre-trial of the above-captioned case


    last March 12, 2020, private complainant failed to appear despite
    notice. The setting on March 19, 2020, however, was canceled due to
    the placing of the country under the state of national health emergency;

    4. That clearly, the non-appearance of the private complainant to


    appear in court despite notice only shows his hostility and disinterest to
    continue the further prosecution of the case against accused Elizer
    Corbo;

    5. That it is noteworthy that accused is of already of advanced age and


    sickly. He is already considered a vulnerable detainee due to his poor
    health condition. His continued detention in a congested and over
    populated facility especially during COVID-19 pandemic would only
    place his life and health in great danger.

    PRAYER

    WHEREFORE, premises considered and for humanitarian


    consideration, it is respectfully prayed that this case be dismissed and
    that accused be immediately released from detention.

    Respectfully Submitted. April 24, 2020.Mabini, Davao de Oro.

    Assisted by:

    PUBLIC ATTORNEY’ S OFFICE


    Mabini District Office
    Mabini, Davao de Oro

    MITOS SHIELA PERANDOS-EVANGELISTA


    Public Attorney III/OIC
    Roll No. 57596
    IBP O.R. No. 117756
    MCLE Compliance No. VI-0024037

    OIC/Legal Researcher
    RTC-57
    Mabini, Davao de Oro

    Greetings!

    I am submitting the foregoing motion for the kind consideration and


    approval of the Honorable Court.

    MITOS SHIELA PERANDOS-EVANGELISTA

    Copy furnished:

    Pros. Rucel Cayetano


    Provincial Prosecution Office
    Nabunturan, Davao de Oro

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