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Republic of the Philippines

Third Judicial Region


REGIONAL TRIAL COURT
City of Calbayog
Branch 31

PEOPLE OF THE PHILIPPINES,


Plaintiff,

-versus- CRIM. CASE NO. 19-10013


FOR: THEFT

JUDAS ISCARIOT,
Accused.
x---------------------x

MOTION FOR REINVESTIGATION

ACCUSED, through the undersigned counsel, to this Honorable


Court, most respectfully state:

1. That this case was filed by the Honorable Asst. State City
Prosecutor without the benefit of the accused answering the charges
against him;

2. That while the resolution of the Honorable Asst. City


Prosecutor states that the accused was unable to submit his
countervailing evidence despite numerous efforts of the Office to inform
him of the complaint filed against him and the scheduled preliminary
investigation, nevertheless, the accused was not really informed that
there was a case filed against him without his fault. In fact, the
information was filed on June 2012, and that the accused was arrested
only this December 2013 when the accused went to the police station to
testify in a stabbing incident, however, when found out by the policemen
the name of the accused, that there was a standing warrant against him,
the policemen instantly arrested the accused.

3. That this motion is anchored on the fact, that accused in


this case has a valid defense ranged against the sole affidavit of the
complainant without any corresponding evidence as to the ownership of
the said grinder subject of this case except the positive assertion of the
private complainant;

4. A person cannot be held liable for theft on the property


belonging to them. It is the private complainant who swindled the
grandfather (owner of the grinder) of the accused when the private
complainant failed to pay the agreed rental payment of P 300.00 per day.
The private complainant merely paid P200.00 for two-day use of the
grinder, which is why they took back the property they owned as the
agreement is in a per day basis, the owner is entitled to the possession of
the property every next day unless the renter extends the same, or

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unless the renter pays the agreed amount. It is the private complainant
who is obligated to pay the balance of P 400.00 which the private
complainant unlawfully refused to pay.

5. The amount of the grinder as reflected in the receipt is only


P 2,800.00 contrary to the allegation of the false pretender-owner private
complainant which is P 6,000.00. The receipt speaks for itself that herein
private complainant’s credibility is already in doubt.

6. Attached herein are the affidavit of the owner Peter Griffin


and the receipt of the grinder paid by Peter Griffin which receipt is in his
possession since January 17, 2018 until today.

WHEREFORE, premises considered, it is most respectfully prayed


of this Honorable Court, that the foregoing motion be favorably granted.

City of Calbayog, Samar, January 24, 2019.

(Sgd.) Atty. xxxxxxx


Counsel for Accused
Public Attorney

NOTICE AND REQUEST FOR HEARING

The Branch Clerk of Court


RTC BRANCH xx

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City Prosecutor
City of Calbayog

Sir:

Please calendar the foregoing Motion for hearing on Janaury 24,


2019 at 10:30 o’clock in the morning or at the earliest possible calendar
of this Honorable Court, sans personal appearance of undersigned
counsel.

Atty. XXXX

Copy furnished:

Atty. xxxx
CITY PROSECUTOR
City Prosecutor’s Office
City of Calbayog

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