Republic of the Philippines

DEPARTMENT OF JUSTICE

NATIONAL PROSECUTION SERVICE

Office of the Secretary

Padre Faura St., Ermita, Manila

PEOPLE OF THE PHILIPPINES,

Plaintiff - appellant Criminal case No. 12345-A

For: Qualified Theft. Article

310 of the Revised Penal Code

-versus-

CHRISTOPHER AGUSTIN AVES,

Accused - appellee

x---------------------------------------------x

PETITION FOR REVIEW

COMES NOW, the undersigned petitioner, unto this Honourable Office

respectfully avers:

1. That on _________ the undersigned Chief of Police of Las Pinas Police

District, Las Pinas City upon complaint of the private offended party filed a
case against CHRISTOPHER AGUSTIN AVES of No. 3 Manggahan
Compound, talon V, Las Pinas City for QUALIFIED THEFT docketed
under IS No. 12345-A before the Office of the City Prosecutor

2. That for the information of the Honourable Secretary this case started, as
follows:

a. That on the morning of 18 July 2013, I was at the place of my work

site.
b. That on the same day at around 10:30 to 11 o’clock in the morning, a
certain Wally Limjoco along with two of our safety officers visited
our job site.

c. That such visit is a surprise inspection was among other things is to

confiscate our electrical tools.

d. We saw them enter our barracks from a distance of 25 to 30 meters

from our position; however, we don’t have any idea as to what they’re
doing exactly inside barracks.

e. That after a few minutes, one of our co-workers came to tell us that
Mr. Wally Limjoco and the accompanying safety officers found a tool
box that contains metal steel.

f. Inspite of the apparent incident, Mr. Wally Limjoco didn’t say

anything to us.

g. That during our lunch break, we saw a yellow tool box scattered on
the floor, with some steel scrap

h. At around 2 to 3 o’clock in the afternoon, the safety officer gets the

tool box with scrapped metal in the command of Wally Limjoco
including some steel and waste materials which were brought to the
main office at Tandang Sora, Quezon City.

i. On the same day, around 10 o’clock in the evening, Andreo Laitan the
Field Engineer woke me up and informed us that Wally Limjoco came
back accompanied by a policeman.

j. Wally Limjoco entered into the barracks with Norvell Madrid and one
police officer in civilian attire. He was already shouting with
profanity, yet, i still wanted to negotiate to Mr. Limjoco as to what is
his problem against me, he said to me “putang ina mo ka, puputukan
kita”, then he grabbed his gun from his waist, cock the barrel then
pointed the gun at me. This was witnessed by my co-workers present
at that moment.

k. They brought me at Bonifacio Global City police station, and then

they brought to Pateros District Hospital, for a medicolegal check-up,
however, the doctor just made a few and brief questions asking if I am
sick or if I am suffering from any ailment whatsoever, then brought
me back to the police station, they put me inside the jail cell.

l. That on the 19Th day of July 2013, after spending sleepless night
inside the jail cell, Norvell Madrid and Andreo Laitan along with the
 arresting officers, I was brought to the Hall of Justice for case filing of
the crime I didn’t know about in the first place.

m. That I stayed inside the jail cell for up to the 24th day of july 2013,
until my wife came to pick me up saying that they are already
releasing me for the complainants are already withdrawing the case
charged against me.

3. That on Las Pinas City, October 1, 2013 the undersigned received the
Resolution of the Honourable Prosecutor copy of which is attached as Annex
“A” disposing the case as follows:

WHEREFORE, IN VIEW OF THE FOREGOING, it is most

respectfully recommended that the complaint filed be dismissed for the lack
of probable cause.

4. That the undersigned erred in considering the basis of the complaint filed.

5. That with due respect to the Honourable Prosecutor, the undersigned

believed that he committed error on the following:

a) That the complainant had pieces of evidence proving the guilt the
accused, furthermore, on the Motion for Reconsideration, the complainant
even offered new evidence and witness that will further the case complaint.

6. Attached as integral part of this petition are the following:

a) Proof of service of this Petition to the Honourable Prosecutor (Annex

“B”)

b) Proof of service of this Petition to the Appellee

c) Other Records of the Case

WHEREFORE, the undersigned respectfully prays for the setting

aside of the appealed resolution of Assistant Prosecutor ARTURO
VALLEJO dated October 1, 2013 and that the honourable prosecutor be
directed to file information so demanded by the plaintiff – appellant.
Other reliefs just and equitable are likewise prayed for.

Las Pinas City, October 1, 2013

P/Supt. PEDRO NORTE

Chief of Police, Las Pinas Police District

 VERIFICATION

I, WALLY LIMJOCO, of legal age, after having been duly sworn in

accordance with law, depose and state that:

1. I am a Plaintiff - Appellant in the above-stated case;

2. I caused the preparation of the foregoing petition;

3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession.

WALLY LIMJOCO

Plaintiff - appellant

JURAT

SUBSCRIBED AND SWORN TO before me this 12th day of October

2013 in the City of Las Pinas, Philippines and I further certify that I have
personally examined the affiant and I convinced and satisfied that he
voluntarily executed the foregoing Petition and understood all the contents
hereof and that they are true and correct as to his personal knowledge.

EDILBERTO I. PUA
Notary Public
Until December 31, 2013
PTR NO. 1234567
Issued on January 17, 2013
at Las Pinas City
Copy furnished:
ARTURO VALLEJO
Assistant City Prosecutor

ERIK IVANS M. SORIANO

Counsel for Respondent

Public Attorney’s Office

City Hall, Las Piñas City
Roll of Attorney 54321
IBP 54321; 04-17-09; MM
PTR 09876; 04-17-09; MM
MCLE Compliance