REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
VALENZUELA CITY

RITA VILLANUEVA FRANCISCO

Complainant,
I.S./NPS Docket No. UD-
363
-versus- For: BP 22 and Estafa

JINALYN ESQUIVEL OTICO

Respondent.
x----------------------------------------------

VERIFIED MOTION TO REOPEN PRELIMINARY

INVESTIGATION AND ADMIT
COUNTER-AFFIDAVIT

I, JINALYN ESQUIVEL OTICO, of legal age, Filipino, and a

resident of 499 Alba St., Brgy. Gen T. Delon, Valenzuela City, after
having been duly sworn in accordance with law, and with assistance
of counsel, hereby depose and state:

1. In a Subpoena dated 20 May 2021, this Honorable Office

directed me to appear for Preliminary Investigation scheduled on 3
June 2021. Considering that I personally appeared before this
Honorable Office on the scheduled date to properly address and face
the charges against me, it shows my intention not to delay or evade
the proceedings before this office.

2. Unfortunately, I failed to submit the Counter-Affidavit on

the scheduled date due to lack proper assistance from a legal counsel
and as well as lack of financial means to seek immediate legal
services.1 Thus, I seek the assistance of the Public Attorney’s Office
(PAO).

3. However, on 11 June 2021 the Public Attorney’s Office

issued a Denial/Disqualification of PAO Legal Assistance pursuant
to PAO Operations Manual which provides that Public Attorneys are
1
A copy of the Certificate of Indigency is herein attached as Annex 1
prohibited from extending legal assistance in cases involving
Violation of B.P. 22.2 Thus, I needed ample time to gather funds and
resources to finally to seek the assistance of a private lawyer.

4. Unfortunately, the Investigating Prosecutor terminated

the Preliminary Investigation and submitted the case for resolution.

5. As such, I most respectfully submit that the Preliminary

Investigation of the above-captioned case be RE-OPENED in the
interest of truth and justice to enable me to submit my Counter-
Affidavit and crucial exculpatory evidence, which, if admitted by this
Honorable Office, would result in the instant dismissal of the
complaint.

6. This motion is interposed without the intention to

delay the proceedings in this case.

7. After all, prosecutors are endowed with ample powers in

order that they may properly fulfill their assigned role in the
administration of justice. It should be realized, however, that when a
man is haled to court on a criminal charge, it brings in its wake
problems not only for the accused but for his family as well.
Therefore, it behooves a prosecutor to weigh the evidence carefully
and to deliberate thereon to determine the existence of a prima
facie case before filing the information in court.

8. Respectfully, this Honorable Office would be able to

properly fulfill its role in the administration of justice by ordering the
reopening of the preliminary investigation and admit my counter-
affidavit.

RELIEF

WHEREFORE, in the interest of truth and justice, it is

respectfully prayed that (a) the Preliminary Investigation of the
instant case be RE-OPENED for purposes of admitting my Counter-
Affidavit and to allow the submission of my Counter-Affidavit
within 6 days or until 5 July 2021; (b) upon termination of the re-
opened preliminary investigation, a Resolution be issued
DISMISSING the case for lack of merit.

Other reliefs as may be deemed just and equitable under the

premises are likewise prayed for.

2
A copy of the PAO Denial/Disqualification of Legal Services is herein attached as Annex 2
2
 IN WITNESS HEREOF, I have hereunto set my hands this ___
day of June 2021 in Valenzuela City.

JINALYN ESQUIVEL OTICO

Respondent/Affiant

SUBSCRIPTION AND CERTIFICATION

SUBSCRIBED AND SWORN to before me this __ day of June

2021 at the City of Valenzuela. I hereby certify that I have personally
examined the affiant and that I am fully satisfied that she voluntarily
executed and understood her Motion to Reopen Preliminary
Investigation and Admit Counter-Affidavit.

_______________________________
INVESTIGATING PROSECUTOR