Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Baguio City

BENEDICTA ABRA
Complainant ,
INV-IS-20000-2223
versus

ERIN TADANA
Respondent,

MOTION FOR RECONSIDERATION

COMPLAINANT, assisted by the counsel, unto this Honorable Office,

respectfully states that:

1. She received a copy of the resolution on the Honorable Investigating

Prosecutor on January 23, 2018 dismissing her complaint for Unjust Vexation due
to lack of probable cause;

2. Complainant seeks for the reconsideration of the resolution;

3. In his resolution, the Honorable Prosecutor made mention and to

quote that the “best evidence in this case to prove the claim of the complainant is
the CCTV footage that she made mention of”;

4. We beg to disagree with the findings of the Honorable Prosecutor;

5. That the CCTV footage is only a corroborating evidence of the unjust

vexation, there being the principal consideration of the felony is “whether the
offender’s act caused annoyance, irritation, torment, distress or disturbance to the
mind of the person to whom it is directed” (Maderazo, et al. vs. People of the
Philippines G.R. No. 165065);

6. That in this case, the incident where the complainant was called a
“thief” by the respondents and when she was being made to admit that she took
the money, when in fact, it was served to another customer by mistake by the
complainant caused unjustifiable annoyance and irritation to her and not to
mention that it ruined her dignity according to her;

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 7. That as proof of her annoyance and irritation, she sought the
assistance of the Barangay Session, Baguio City to confront the respondents
regarding their actions, but to no avail;

8. That the respondents’ acts caused irritation, torment, distress and

disturbance to the complainant, which were the primary elements of the felony
unjust vexation;

9. That the existence of malice when the unsavory words were allegedly
uttered by the respondents during the incident may be determined at a full blown
trial;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Office to RECONSIDER its Resolution dated January 20, 2020.

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

Baguio City, Philippines, 23 January 2020.

ATTY. TOM SAWYER

VERIFICATION

I, BENEDICTA ABRA, single and of legal age, a resident of Bakakeng

Central, Baguio City, after having been sworn in accordance with law, hereby
depose and state that:
1. I am the complainant in the above-entitled case;
2. I have caused the preparation of the foregoing Motion for
Reconsideration;
3. I have read and understood the contents hereof and attest that all
the allegations herein are true and correct to the best of my
personal knowledge.

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 IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of January
2020 at Baguio City, Philippines

BENEDICTA ABRA

SUBSCRIBED AND SWORN to before me this 24th day of January 2020