Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
Office of the Provincial Prosecutor
zz, zz
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PAQUITO B. NIMA,
Complainant,
NPS Docket No. VI-12-INV-09A-005

-versus- FOR: MURDER

NOE CADAS, REX

BAQUERDO, JOLO
JULITA, & FRANCIS
DOLORICO
Respondents.
x------------------------------x

MOTION FOR RECONSIDERATION

Of RESOLUTION
(dated July 14, 2010)

COMES NOW your Movant, REX BAQUERDO, erroneously named in the complaint
affidavit and resolution as Erick Baquero, through and by undersigned counsel, and
unto this Honorable Office, most respectfully moves for the reconsideration of his
inclusion of the persons to be indicted in the above-entitled case for Murder on the
following grounds, to wit:

1. That the charge against your movant is allegedly for murder in conspiracy with
the other respondents named above;

2. That your movant was implicated in the said case probably on the ground that
one of the witnesses, one Dindo P. Pedida stated in paragraph 11 of his Affidavit
that:

“That, we helped each other in bringing the victim’s body to a place along
the road and we further boarded the victim to a motorcycle driven by his
relative Erick Baquero who was among those who mauled the victim”;

3. That your movant did not at any time help in mauling the victim Erwin Nima. At
the said time and date of the incident I was Sitio Peto, Brgy. Jamora, zz, zz,

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 attending a benefit dance. Together with me then were Noe Cada and Jolo Julita,
Vilma Ejorcadas, Vina Cada, Nilette Impas, Ryan Garing, Raymund Malata and
others. I, together with my companions then noticed that there was a commotion
that was happening right across the street where the benefit dance was being
held. Sensing that there was a fight then ensuing we did not first leave the area,
and that it was only when things settled down that we decided to go home. I
then told my other companions that I would go ahead of them because there
were too many of us and that we would not fit into my motorcycle. Then I
remembered that I had to get my change at the store near the place where the
benefit dance was held. While there I was called by a woman, whose face I know
but could not remember the name, in order to help someone near the said store.
When light was shone unto the area I saw a person who was slumped to the
ground and that three persons coming from Sitio Salug was trying to carry the
said man to the street. However, due to the weight of the said perso these three
men could not carry him, that is why I went down from my motorcycle and
helped in carrying him on board to where my motorcycle was;

4. That I only noticed that this man was stabbed when he was already on the street
and was about to be carried to my motorcycle. This man, whom I came to know
as Erwin Anima, was then made to ride at my back in my motorcycle and that
another man, named Joseph Congcong, who was a neighbor of this victim, was
the third rider who was the one responsible so that the victim would not fall down
while we were on the road en route to the ZZ Hospital. At the hospital, I then told
this Joseph Congcong that he should first take care of the victim because I would
go back in order to inform the companions of the victim and consequently his
parents. Then, I together with some companions went to Brgy. Cabcab, ZZ, ZZ,
and then informed the grandfather of the victim that his grandson, Erwin Nima,
was stabbed and that I brought him to the ZZ Provincial Hospital;

5. That contrary to the allegations in the affidavit of Dindo Pedida, I and my friends
Noe Cada and Jolo Julita did not help in mauling Erwin Nima after he was stabbed
by Francis Doloreas because the fight ensued only between Erwin Anima and
Francis Dolorico and that the same happened at a dark area away from the place
where the benefit dance was being held. In fact, I was even the one who helped
and brought the victim Erwin Nima to the hospital and even informed his

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 grandfather of what happened to him. This fact, that I helped the victim, is even
mentioned in the affidavit of Dindo P. Pedida;

6. That by the foregoing it is therefore moved that the inclusion of your movant as
one of the persons to be indicted in the case for Murder committed against Erwin
Nima be reconsidered upon the conduct of a clarificatory hearing and/or
investigation if necessary and required by the Honorable Prosecutor.

WHEREFORE, the above premises well considered, it is most respectfully requested

that the inclusion of your movant as one of the persons to be indicted in the case for
Murder committed against Erwin Nima be reconsidered.

Other relief and remedies just and equitable in the premises are likewise prayed for.

September 16, 2010, ZZ, ZZ.

ATTY. ALEX DIAZ

IBP No. 131199, Nov. 10, 2009
PTR No. 6754018, January 5, 2010
Attorney’s Roll No. 104999
MCLE Compliance No III-0001428

Copy furnished through Personal Delivery to:

Hon. Josefina O. Tan

Provincial Prosecutor Public Prosecutor’s Office
ZZ, ZZ
Date: _________________

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