Republic of the PHILIPPINES

REGIONAL TRIAL COURT

9TH Judicial Region
BRANCH 12
Zamboanga City

PEOPLE OF THE PHILIPPINES, CRIM. CASE NOS. 13452 to

13461
Plaintiff,

-versus- - for –

ROSEMARIE T. BELDAN, ESTAFA UNDER ART. 315-1(b)

of
Accused. REVISED PENAL CODE
X - - - - - - - - - - - - - - - - - - - -/

MOTION TO REVIVE

COMES NOW THE PLAINTIFF, through the undersigned, most

respectfully moves for the re-opening and revival of the above-entitled

cases. In support thereof, it is averred:

1. That on March 1, 2009, the plaintiff filed a Motion for

Provisional Dismissal of the above-entitled cases. The said

motion was premised on the fact that the private complainant

was no longer interested in prosecuting the case when she

executed an Affidavit of Desistance. In the said Affidavit,

private complainant alleged that accused has settled her

obligation. The said Motion for Provisional Dismissal was

approved by this court in an Order dated June 11, 2009;

2. Lately, however, private complainant appeared before the

undersigned with the information that the Accused reneged

on their settlement and failed to fully comply with her

obligation despite being allowed so much leeway and

opportunity. There is no other recourse but to ask for the

cases to be re-opened and revived in order to protect the

interest of the private complainant.

 WHEREFORE, premises considered and in accordance with Sec.8,

Rule 117 of the Rules of Court, it is respectfully prayed that the above-

entitled cases against Accused be revived and after hearing of this

Motion, the cases be set for the initial

presentation of the evidence for the plaintiff as soon as the Court’s

calendar may permit.

All other reliefs, just and equitable under the premises are

likewise prayed for.

Done this 25th day of April, 2011 in Zamboanga City, Philippines.

IVY FEROLINO DAMAYO

Assistant Regional Prosecutor, Detailed
Trial Prosecutor
MCLE Exemption No. III-000529 dated July 8, 2009

NOTICE OF HEARING

ATTY. NIMFA CARREON-PADAO

Clerk of Court
RTC, Branch 12
Zamboanga City

Madam:

GREETINGS! Please be notified that the undersigned is

submitting the foregoing Motion for the resolution and approval of this
Court immediately upon receipt sans arguments of counsels. Thank
you.

IVY F. DAMAYO

Copy furnished:

ATTY. JOSE MA. D. SAAVEDRA

Counsel for Accused
Zamboanga City