Republic of the Philippines

REGIONAL TRIAL COURT

SECOND JUDICIAL REGION
BRANCH 14
Lagawe, Ifugao

PEOPLE OF THE PHILIPPINES, CRIM. CASES NO. 3180

Plaintiff,
F O R:
-versus- Violation of PD 705

SAMUEL GUYON,
Accused.
X-------------------------x

MOTION FOR REINVESTIGATION

WITH DUE RESPECT TO THE HONORABLE COURT, accused, SAMUEL
GUYON, most respectfully states:

1. That an Information for Violation of PD 705 has been filed before this
Honorable Court against herein accused stating that accused, without the
legal documents, cut trees (forest product) with a total volume of TWENTY
– TWO AND 35/100 (22.35) BOARD FEET and its estimated value or cost is
SIX HUNDRED SEVENTY PESOS and FIFTY CENTAVOS (Php670.50);

2. That accused was not informed of the complaint and was not given any
opportunity to submit his counter-affidavit and Affidavit of his witnesses
and other supporting documents relied upon for his defense before filing of
the Information in court. He was not given an opportunity to submit
controverting evidence which would lead to dismissal of the case in the
Prosecutor’s Office, a clear violation of the Revised Rules of Criminal
Procedure particularly Rule 112, Sec. 3, par. ( c );

3. That accused was amazed when he was informed that a warrant was issued
for his arrest. With that information, he personally appeared before the
Honorable Court to verify the matter and posted bail;

4. That accused humbly begs from this Honorable Court that he be given an
opportunity to submit his counter-affidavit and supporting affidavits of his
witnesses and other documents to controvert the baseless accusation of
private complainant and in the interest of justice and fair play. For that
purpose, accused would like to invoke his right to a preliminary
investigation or reinvestigation of the case filed against him, as part of the
due process of law;

MOTION FOR REINVESTIGATION | 

 5. Without the counter – affidavit and affidavits of his witnesses, clearly the
Complaint would establish probable cause even if it is not true and self –
serving;

6. Accused firmly believes that with the submission of these documents,

especially the Affidavits of the witnesses, the Prosecutor’s Office would find
no probable cause to charge the accused with the crime of Violation of PD
705.

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court to remand the case filed against the accused to the Office of the
Provincial Prosecutor for the latter to conduct a reinvestigation/Preliminary
Investigation.

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

This 12th day of August, 2021 at Lagawe, Ifugao

SAMUEL GUYON
Accused

NOTICE

CLERK OF COURT
RTC Branch 14
Lagawe, Ifugao

Please submit the foregoing motion immediately upon receipt hereof for
the kind consideration of the Honorable Court.

SAMUEL GUYON

Copy furnished:

Office of the Provincial Prosecutor

Capito Compound, Pob. South
Lagawe, Ifugao

MOTION FOR REINVESTIGATION |