Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
Office of the Secretary
DAVAO CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff - appellant Criminal Case No. 2345-12334
For: Qualified Theft. Article
310 of the Revised Penal Code
-versus-
ERIC D. LOPEZ,
Accused - appellee
x---------------------------------------------x
PETITION FOR REVIEW
COMES NOW, the undersigned petitioner, unto this Honourable
Office respectfully avers that:
1. On February 2, 2020 the undersigned Chief of Police of Davao Police
District, Davao City upon complaint of the private offended party filed a
case against Eric D. Lopez of No. 3 Guava St., Cabantian Davao City for
QUALIFIED THEFT docketed under IS No. 34512-A before the Office of the
City Prosecutor
2. For the information of the Honourable Secretary this case started, as
follows that:
a. On the morning of 17 January 2020, I was at the place of my work
site.

b. On the same day at around 11:30 to 12 o’clock in the morning, a

certain Rey Dizon along with two of our safety officers visited our job
site.

c. 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. After a few minutes, one of our co-workers came to tell us that Mr.
Rey Dizon and the accompanying safety officers found a tool box that
contains metal steel.

f. Inspite of the apparent incident, Mr. Rey Dizon didn’t say anything to
us.

g. 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 Rey Dizon including
some steel and waste materials which were brought to the main
office at Lanang, Davao City.

i. On the same day, around 10 o’clock in the evening, Andy Latain the
Field Engineer woke me up and informed us that Rey Dizon came
back accompanied by a policeman.

j. Rey Dizon entered into the barracks with Norman Manti and one
police officer in civilian attire. He was already shouting with
profanity, yet, I still wanted to negotiate to Mr. Rey Dizon 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 Lanang police station, and then they brought to

Davao 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. On the 19Th day of January 2020, after spending sleepless night inside
the jail cell, Norman Manti 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. I stayed inside the jail cell for up to the 24 th day of January 2020, 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. On Davao City, February 12, 2020 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. The undersigned erred in considering the basis of the complaint filed.

5. With due respect to the Honourable Prosecutor, the undersigned
believed that he committed error on the following that:
a) 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 ARIEL VALLES dated
February 1, 2020 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.

Davao City, February 14, 2020

(SGD.)P/Supt. PETER NORI

Chief of Police, Davao Police District
 VERIFICATION
I, Rey Dizon, 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.
(SGD.)Rey Dizon
Plaintiff - appellant
JURAT
SUBSCRIBED AND SWORN TO before me this 14th day of February 2020 in
the City of Davao, 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.

(SGD.)Eddie G. Palma
Notary Public
Until December 31, 2021
PTR NO. 1234567
Issued on January 17, 2021
at Davao City

Copy furnished:

(SGD.) ARIEL VALLES

Assistant City Prosecutor

(SGD.) STEVEN F. RILLY

Counsel for Respondent
Public Attorney’s Office
City Hall, Davao City
Roll of Attorney 54321
IBP 54321; 04-17-09; MM
PTR 09876; 04-17-09; MM
MCLE Compliance