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Republic of the Philippines

METROPOLITAN TRIAL COURT


National Capital Judicial Region
Branch 39, Quezon City

PEOPLE OF THE PHILIPPINES,


Plaintiff,

– versus – CRIM. CASE NO.


15-01623
For: Reckless
PATRICIO CRUZ Y ENRIQUEZ, Imprudence
Accused, Resulting in
Homicide
x---------------------------------------------------x

COMMENT AND/OR OPPOSITION TO


THE MOTION FOR RECONSIDERATION

The prosecution, through the undersigned private prosecutor,


under the direct control and supervision of the public prosecutor, unto
this Honorable Court, by way of Comment and Opposition,
respectfully states, that :

1. The Decision of this Honorable Court dated 17 August


2016 was arrived by carefully and meticulously considering all
allegations in all pleadings filed before this Honorable Court and all
testimonies and evidences presented before it including the
allegations made by the Accused in its Motion for Reconsideration.

2. In fact, Accused’s personal circumstances was likewise


considered in measuring out the penalty imposed which is relatively
low.

3. The Accused failed to raise new issue/s of fact or law, to


demonstrate that this Honorable Court failed to consider any material
fact and failed to prove any manifest injustice or clear error.

4. Therefore, it will be a great injustice for the victim if


Accused will be allowed to go scot free despite the finding of guilt
beyond reasonable doubt.

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PRAYER

WHEREFORE, it is respectfully prayed that the Motion for


Reconsideration of the Accused dated 01 September 2016 be
DENIED for lack of merit.
Other reliefs deemed just and equitable are likewise prayed for.
Pasig City for Quezon City, 21 September 2016.

ROBLES SALO DULNUAN LAW OFFICES


4F DAP Bldg., San Miguel Ave.,
Ortigas Center, Pasig City
Tel. No. (02)-661-7759

By:

PATRICK I. PENACHOS
Roll of Attorney No. 64888
PTR No. 2215245/5-19-2016/Muntinlupa
IBP No. 1032957/03-18-2016/PPLM
MCLE Compliance – V-0010458
Copy furnished:

BRANCH CLERK OF COURT


Metropolitan Trial Court, Branch 39
Quezon City

ATTY. MIGUEL JUSTIN RIGOR


Counsel for Accused
Suite 207 Victoria Building,
11th Ave, Caloocan City

PATRICIO CRUZ
Accused
Bacood, Tiaong,
Guiginto, Bulacan

Greetings:

Please take notice that the undersigned will submit the foregoing
Comment and/or Opposition to the Motion for Reconsideration for the
approval and consideration of this Honorable Court.

PATRICK I. PENACHOS

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EXPLANATION

The foregoing Manifestation was served to the Private Complainant


through registered mail for lack of manpower to personally serve the same.
PATRICK I. PENACHOS

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