Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Hall of Justice, City

THE PEOPLE OF THE PHILIPPINES, NPS DOCKET NO:

FOR: MURDER
-versus-

RENE
Accused.
.
x---------------------------------------x

MOTION FOR RECONSIDERATION

(To the Resolution)

COMES NOW,the accused RENE, through counsel, unto this Honorable Office,
respectfully files this Motion for Reconsideration to the Resolution dated September 13,
2017, and avers THAT:

1. On September 19, 2017, the received a copy of the Resolutionand information in

the above case, indicting the accused RENE (“ACCUSED” for brevity) for
murder;

2. In the said Resolution by the Office of the City Prosecutor, Pros. Daniel M.
Fernandez, he found probable cause to indict the accused as provided for in
Article 248 of the Revised Penal Code, to quote:

“xxx this Office opines that the attendant circumstance of treachery is

present in the instant case. In the complainant’s uncontroverted
allegation, it is emphasized that Armand already turned away from the
respondent when he was shot point blank. Evidently, the victim who
sustained a gunshot wound at his back (left lumbar area) is an
indictation the he was not in a position to defend himself. Xxx
Accordingly, the manner employed by the respondent in killing the
victim qualifies his act to murder.
Xxx”

3. The accused is now constrained to humbly move for the reconsideration of the
Resolution dated September 13, 2017;

TIMELINESS OF THE MOTION

4. According to the rules, the respondents have ten (10) days within which to file a
motion for reconsideration or until September 29, 2017. Hence, this Motion for
Reconsideration;

ARGUMENTS AND DISCUSSIONS

5. The accused respectfully disagrees with resolution of this Honorable Office and
posits that:

Treachery is not present in the

instant case

6. In the said resolution, the accused was indicted for murder because of the
alleged fact that the deceased Armand already turned away from the respondent
(accused) when he was shot point blank. According to the said resolution, this
constitutes treachery. However, the accused herein respectfully begs to disagree
with the findings of the inquest proceedings;

7. It is the accused’s humble view that this Honorable Office failed to appreciate the
fact that the deceased, together with several of his cohorts, and the accused
were engaged in a fist fight. This fact was again and again stated in the various
affidavits executed against the accused;

8. It was further not appreciated that the deceased and his cohorts were the ones
who started the fight when one of the deceased’s friend punched the defenseless
son of the accused for the “acceleration” of a motorcycle the latter was fixing.
The affidavit of witness executed by the accused’s son RENTHER is hereto
attached as Annex “1”;

9. That the blow to the accused’s son made by the deceased and his cohorts was
so sudden and strong that the accused’s son collapsed and suffered contusion.
To prove such matter, a copy of the medical certificate issued by the Southern
Philippines Medical Center a day after the mauling incidentshowinga diagnosis of
____________________,_______________________ and
_________________________ is hereto attached as Annex “2”;

10. It was further not appreciated and intentionally left out by the complainants during
the inquest proceedings that the deceased and his cohorts were in their drunken
stupor when they first unjustly vexed and threatened the accused’s son and then
later on mauled the accused;

11. It is also worthy to mention that the accused and the deceased wrestled with the
supposed “murder weapon” before the same was fired. All these were seen and
included in the Affidavit of Witness executed by the accused son and another
witness ____________________ whose Affidavit of Witness is hereto attached
as Annex “3”;
 12. Furthermore, a careful perusal of the Death Certificate prepared and signed by
the Doctor, who most likely was able to examine the deceased prior to his
demise,

13. Just by these facts alone, it is evident that there is no treachery to speak of;

14.

15. and ; dated June 8, 2016, the only reason for the dismissal of the Petition for
Review filed by the respondent-appellantis the non-attachment of the annexes of
the affidavit complaint of Mr. Maloloyon.

16. The respondent-appellant sincerely apologizes for inadvertently not attaching the
annexes of the affidavit complaint in the Petition for Review. To reiterate, the
respondent-appellant was not served a copy of the affidavit complaint. It was by
her own initiative that she got hold of a copy of the said affidavit complaint from
the Office of the City Prosecutor’s Office, but the annexes were unfortunately not
included.

17. Now, the respondent-appellant is humbly submitting an original copy of the said
affidavit-complaint by Mr. Maloloyon, together with all its attachments to form part
of the Petition for Review as “Annex 1 Series”.

18. In the interest of justice and fair play, the respondent-appellant is respectfully and
humbly begging for the liberality of this Honorable Office to set-aside
technicalities and that the said affidavit-complaint together with all its
attachments be admitted and appreciated as part of the Petition for Review
previously filed, and that this instant appeal be resolved on the merits.

PRAYER

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

Honorable Office that the Resolution, dated June 8, 2016, be reconsidered,that the
affidavit-complaint and all its attachments hereto submitted be admitted as part of the
records of this case, and that this appeal be decided on its merits.

Other just and equitable reliefs are likewise prayed for.

Executed this _________, at Davao City, Philippines.

ASSISTED BY:

ATTY.
Counsel for the Respondent-Appellant
Roll No. 6
PTR No. 1/5/2016
IBP Lifetime No.
MCLE Compliance No.,– 10/1/2015
 Until 4/14/2019
Jacinto Extension, Davao City

Notice of Submission

The Office of the Regional State Prosecutors

Hall of Justice
Ecoland, Davao City

Please take notice that the undersigned shall submit the foregoing MOTION FOR
RECONSIDERATION filed by the Complainant in the above captioned case for the kind
consideration and approval of this Honorable Office immediately upon receipt hereof.

For Davao City, Philippines, July 4, 2016.

Copy furnished:

Office of the City Prosecutor

Hall of Justice