REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
MALOLOS CITY, BULACAN
BRANCH 84

PEOPLE OF THE PHILIPPINES

-versus- CRIMINAL CASE

NO. 3616-M-2004

ALBERT BALICUD
x----------------------------------------x

PARTIAL MOTION FOR RECONSIDERATION

Private Complainant, represented by Ana Yape, through undersigned

counsel, unto this Honorable Court most respectfully state that:

1. In an Order dated 15 October 2019, this Honorable Court denied

the motion of herein representation and allowed the probation of
herein accused;

2. Said copy of the Order was given to Ana Yape, complainant’s

relative and representative, whom kindly informed herein
counsel on 8 November 2019 of the same;

3. Herein representation most respectfully asks the Honorable

Court to partially reconsider the said Order;

4. While we respect the discretion exercised by this Honorable

Court, we ask the same to at least include the payment of the Civil
aspect of herein case by the accused as part of his conditions for
probation;

5. In the case of Florentina L. Baclayon vs. Hon. Pacito G. Mutia1,

it was held that:

“The conditions which trial courts may impose on a probationer

may be classified into general or mandatory and special or
discretionary. The mandatory conditions, enumerated in Section 10
of the Probation Law, require that the probationer should (a)
present himself to the probation officer designated to undertake his
supervision at such place as may be specified in the order within 72
hours from receipt of said order, and (b) report to the probation

1 G.R. No. L-59298 April 30, 1984

1
 officer at least once a month at such time and place as specified by
said officer. Special or discretionary conditions are those additional
conditions, listed in the same Section 10 of the Probation Law, which
the courts may additionally impose on the probationer towards his
correction and rehabilitation outside of prison. The enumeration,
however, is not inclusive. Probation statutes are liberal in
character and enable courts to designate practically any term it
chooses as long as the probationer's constitutional rights are not
jeopardized.”

6. It is well within the powers of herein Honorable Court to impose

such condition, considering that the enumeration as provided by
law is not inclusive;

7. Said request for herein special or discretionary conditions will not

jeopardize the constitutional rights of herein accused and it will also
be for the benefit of the complainant;

8. Further, the nature of probation is primarily for the benefit of

organized society, which includes herein complainant and only
incidentally for the benefit of accused, in the same case of Baclayon,
it was also held that:
“While it is true that probation is a mere privilege and its grant rests
solely upon the discretion of the court, this discretion is to be
exercised primarily for the benefit of organized society
and only incidentally for the benefit of the accused. Equal
regard to the demands of justice and public interest must
be observed.”

9. In doing so, the Honorable Court will still be exercising its

discretion primarily for the benefit of both parties give the justice
that had been longed prayed for by complainant who already died
while the case had been litigated for so many years as well as the
probation being sought after by accused;

10. This motion is filed in good faith and not for the purpose of
delaying the proceedings of this case.

WHEREFORE, it is respectfully prayed that the order of probation

dated 15 October 2019 be modified and include the payment of herein
accused of his civil liability to private complainant’s next of kin or relatives.
Other reliefs, just and equitable under the premises, are likewise prayed
for.

RESPECTFULLY SUBMITTED
Quezon City for Malolos City. 19 November 2019.

2
 FELICIANO L. MACARAEG III
Counsel for Complainant
Unit 403, 24 PM Apartments, Matalino St.
Barangay Central, Quezon City
Roll No. 69670
IBP No. 098796
Issued on 8 January 2019
PTR No. 7377119
Issued on 8 January 2019
MCLE Compliance No. VI-0009038

NOTICE OF HEARING

Hon. Branch Clerk

RTC, Branch 84,
Malolos City.

Greetings:

Please take notice that the undersigned counsel will submit the
foregoing Motion to the Honorable Court for its consideration on 29
November 2019 at 8:30 am or as soon as the matter could be heard on
notice.

FELICIANO L. MACARAEG III

COPY FURNISHED:

DAVID PAUL GARINGO

Block 20, Lot 32 Summit at Ridgecrest, Subdivision
Pasong Buaya II City of Imus Cavite 4103
Counsel for the Accused

ALBERT BALICUD
161 Jacinto St.
Catarman, Northern Samar
Accused

OFFICE OF THE CITY PROSECUTOR

Malolos City, Bulacan

PROBATION AND PAROLE OFFICE

Malolos City, Bulacan

Explanation

Due to distance, time constraints and lack of manpower to effect

personal service, copy of the foregoing Motion was furnished to the counsels
of the adverse party via registered mail with return card.

FELICIANO L. MACARAEG III