You are on page 1of 3

Republic of the Philippines

DEPARTMENT OF JUSTICE
Office of the City Prosecutor
Pasig City

WILLARD ARDY DELA CRUZ WARD,


Complainant,
NPS NO. XV-14-INV-18F-01143
FOR: QUALIFIED THEFT and
-versus- MALICIOUS MISCHIEF

DYMPHNA M. ROPETA,
Respondent.

xx---------------------------------------xx

MOTION FOR RECONSIDERATION

Respondent, through the undersigned counsel, move this


Honorable Office for a reconsideration of its Resolution dated
__________________, a copy of which was received on January 21,
2019 upon the following considerations and further avers that:

TIMELINESS OF THE MOTION

1. On January 21, 2019, the Respondent received a copy of the


Resolution, finding probable cause in the case NPS Docket
No. XV-14-INV-18F-01143, issued by this Honorable
Prosecutors Office for the case of Qualified Theft and Malicious
Mischief against herein Respondent.

The dispositive portion of the said Resolution reads as


follows:

“WHEREFORE, it is resolved that


Respondent Dymphna M. Ropeta be charged with the
crime Qualified Theft and the corresponding
Information be filed before the Regional Trial Court of
Pasig City. Bail recommended Is fixed at P24,000.00

It is also resolved that the Respondent be


charge with the crime Malicious Mischief and the
corresponding Information be filed before the
Metropolitan Trial Court of Pasig City. Bail is not
necessary unless required by Court.”

2. Pursuant to the Rules on Procedure in The Investigation


Prosecution and Trial of Criminal Cases, Respondent has a
period of 15 days from the receipt of the Resolution, or until
February 5, 2019 to file a Motion for Reconsideration;

3. Hence, this Motion for Reconsideration, filed this February ,


2019 is therefore filed on time;

Respondent Dymphna Ropeta


was COERCED and INTIMIDATED
to execute a written confession.

4. Please take note that Respondent was forced by Rosana Ward


to be present at the meeting despite the fact that Respondent
informed her (Ward) that she will not be able to make it since
she is sick. Despite she was still being called repeatedly by
Rosana Ward and still obliged to attend the said meeting after
store hours.

5. Since Respondent fear for her safety. She decided to drp by


and attend the meeting. Upon arrival at the Branch, all the
doors were immediately locked and Respondent’s phone was
forcibly taken away from her so as to prevent any form of
communication.

6. Then Respondent was asked to execute an admission that she took


money from the cash register. At first the Respondent refused to
execute such document since she feared that it might be used against
her in the event that Rosana Ward files a case. However, Respondet
was informed that once she executed the said confession she will be
forgiven and no criminal action will be instituted against her. As a
result, Respondent was forced to execute the same due to constant
threats and pressure. There was even a point that Rosana Ward
COMMANDED the Respondent to write P1,000 against her will.

Attached is the Copy of my Handwritten Letter with superimposition


as ANNEX “6 “ and made an integral part hereof.

PRAYER

IN VIEW OF THE FOREGOING, it is respectfully prayed for


this Honorable Office that the Resolution, dated ________, 2018,
finding probable cause for the crime of Qualified Theft and
Malicious Mischief against herein Respondent be REVERSED and
SET ASIDE.

Other reliefs, just and equitable in the premises, are likewise


prayed for.

RESPECTFULLY SUBMITTED.

Makati City for Pasig City, Philippines. February __ 2019.

APSSAT LAW OFFICE

6/F Ricogen Building, Aguirre Street,


San Lorenzo Village, Makati City

ATTY. MARHEN JASON P. SIMBRE


PTR No. 11664336J; 1/8/19; Las Pinas
IBP No. 064252; 1/8/19; PPLM
Roll No. 71238
MCLE Compliance No. VI-0010989