KHO, ROA & PARTNERS

2nd Floor, Arseluz Building, No. 34 18th Street,

Nazareth, 9000 Cagayan de Oro City
Tel. No. (088) 856-2713; E-mail: embouyroa@gmail.com
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CONSULTANT’S LEGAL OPINION

This refers to RESOLUTION of the Investigating Prosecutor Randy G.

Ilisan, dismissing the Criminal Complaint for Murder before the Office of the
City Prosecutor. Based on the records of the case, docketed as NPS. No. X-06-
INV-20-J-2904, the preliminary investigation yielded a recommendation of
dismissal without prejudice on the ground of lack of probable cause.

Upon careful perusal on the facts of the incident and the attached official
records, the undersigned legal consultant is constrained to concur in reaching
the same opinion with the investigating prosecutor in its recommendation for
dismissal without prejudice as there was a lack of probable cause to formally
charge the suspect, Christopher Jay Dumasig Taroroc for murder.

The lack of probable cause was resolved on the existing evidence

without considering the judicial counter affidavits of the respondent and his
witnesses mainly due to the inherent lack of intent and motive as well as any
evidence that directly points to the respondent as a possible suspect for the
death of the victim, who is former’s next door neighbor.

Moreover, the counter affidavits of the respondent and his witnesses

further bolsters his contention, which upon careful scrutiny and appreciation
begrudgingly checks out as a strong alibi.

At most, what the complainant has was merely a lead as to a possible

person of interest which by itself is insufficient in forming a well engendered
belief based upon known facts that a crime of murder has been committed.

It is therefore recommended that a filing for a motion for

recommendation or a refilling of the complaint is no longer a viable action
based on the sound advice of the senior partners of the firm as it will only
result in another dismissal citing the very same grounds.

Although other legal consultants may offer a different opinion about any
possible results regarding the case, however it is important to stress out that
it does not guaranty any particular result as to the outcome of the case.

Respectfully submitted, January 29, 2021.

MARVI MANUEL S. ROA JR.

Associate Attorney