REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Respondents.
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MOTION FOR RECONSIDERATION

Respondents through the undersigned counsel, and unto this Honorable
Office, most respectfully avers THAT:

1. On June 11, 2019, Respondents through the undersigned counsel

received Supplemental Inquest Resolution dated May 29, 2019 resolving
the complaint based on the evidence submitted by the complainants and
the respondents who submitted their counter-affidavits;

2. For the reason that the respondents are residing of different places
while some are working and some are students, and considering their
numbers, completing Counter-Affidavits to beat the deadline is tough;

3. Respondents has meritorious defenses contained in their Counter

Affidavit which if accepted and taken into consideration might result to
the dismissal of this case against them;

4. The undersigned counsel would therefore like to apologize for the delay
in the submission of the Counter Affidavits of the Respondents and in
the interest of substantial justice most respectfully pray that the
supplemental inquest resolution be reconsidered and the Counter-
Affidavit of the Respondents containing their defenses be accepted and
to dismiss the charges against them as it is very clear that there is no
evidence against the Respondents as explained in their counter affidavit
as follows:

A. That vehemently deny the charge against her, the truth is that:

a) , finished all the last servings of beers on or about 10:00 PM of

May 11, 2019 inside her bar and that she instructed her
customers to consume all their beers before 11:30 PM so that
she can have a cleaning before midnight and that the COMELEC
Liquor ban is starting on 12:01 midnight;
b) On or about 11:10 PM, a policeman came and informed them
that she has to stop serving liquors on 12:01 midnight in
compliance with the COMELEC liquor ban that she told the
police that she is just waiting for her customers to consume
their last order of beer so that she can close her establishment
at 12:00 midnight;
c) On or about 12:10 AM, while was cleaning as almost all of her
customers went out already but with only a few left, team of
policemen came back and asked them to ride in their police
mobile and go with them at Police Station 2 for investigation for
alleged violation of COMELEC liquor ban;
d) To her surprise, two male customers talking to each other while
drinking juice and waiting for the people outside to have their
ride before they will go outside and have their turn to wait for
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 taxi were arrested by the police. She came to know later their
identities as. They ordered their last 2x2 gin on or about 9:45
PM and consumed it on or before 11:15 PM, she knew it because
they tried to order another 2x2 gin on or before 11:15 PM but
she refused as the liquor ban is already approaching;
e) Her customers who were already outside the establishment
since 11:30 PM waiting for jeep and taxi ride besides the road
just three steps away from the establishment were also asked to
ride the police car. Her customers who are waiting for a ride
outside to go home since 11:30 PM were still arrested by the
police when they came back on or about 12:10 AM; and
f) was cleaning at the time when the police came back while a few
of her customers are still inside the bar talking to each other
but their beers were already consumed before 12:00 midnight
waiting that her customers outside will be able to ride before
their turn to go out and ride a jeep or taxi in going home.

B. , vehemently deny the charges against them, the truth being

that;

a) They are not taking liquors when a team of policeman came and
arrested them at on or about 12:10 AM of May 12, 2019. On or
about 11:15 PM after they consumed their last ordered 2x2 gin,
they are just talking while drinking juice as the manager of the
bar no longer serve liquor. They ordered their last bottle of 2x2
gin on or about 9:45 PM and consumed it on or before 11:15 PM
that they are just talking and drinking juice while waiting for
the other customers outside to ride before they will go out and
wait for taxi when police came and arrested them. This can be
shown by the picture taken by the police that they were just
drinking juice while talking when they were pictured and
arrested;
b) When they were brought outside by the police, they saw many
people outside who were also being arrested by the police and
being asked to ride the police mobile; and

C. .

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed

unto this Honorable Office, that in the interest of substantial justice that the
supplemental inquest resolution be reconsidered and the Counter-Affidavit
of the Respondents containing their defenses be accepted and to dismiss the
charges against them as it is very clear that there is no evidence against the
Respondents.

Other reliefs, just and equitable under the premises are likewise
prayed for.

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