Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 220
Quezon City

PEOPLE OF THE
PHILIPPINES,
Plaintiff, CRIM. CASE No. Q-10-162610
(XV-03-INQ-10A-00272)
-versus- For: Qualified Theft

CHRISTINE,
Accused.
x---------------------------------------x

URGENT MOTION FOR REINVESTIGATION

ACCUSED-MOVANT, by counsel, most respectfully states:

1. On 20 January 2010, Accused-Movant was arrested

under questionable circumstances as she was then reporting a crime
committed against her person in Pasay Police Station when she was
held there and later transferred to Eastwood Police Station where the
Inquest was conducted.

2. The Assistant City Prosecutor relied on the testimonies of

the witnesses and found the evidence to be sufficient to hold
Accused-Movant for trial in court for Qualified Theft.

3. The attention of the Honorable Court is invited to the fact

that Accused-Movant was not able to present her own evidence to
controvert the testimonies of the Complainant and her witnesses
given that Accused-Movant chose to remain silent due to her
indigency and the absence of a counsel of her own choice during the
Inquest.

4. The finding of probable cause to indict the Accused-

Movant was primarily due to her failure to controvert the allegations of
the Complainant.

5. Accordingly, there has actually been no preliminary

investigation in the instant case.
 6. It is thus respectfully submitted that the instant case be
REINVESTIGATED to allow Accused-Movant to seek reconsideration
of the adverse resolution issued against her in deference to the
overriding purposes of preliminary investigation which is to free the
innocent against hasty, malicious and oppressive prosecution 1; to
free the respondent from the inconvenience, expense, ignominy and
stress defending himself/herself in the course of a formal trial 2, as
well as to protect the State from useless and expensive prosecution3.

7.On account of the foregoing and in the interest of justice,

it is most respectfully prayed that the instant case be
REINVESTIGATED so that herein Accused-Movant may be able to
submit her Counter-Affidavit and other controverting pieces of
evidence on her behalf which opportunity was deprived her during the
Inquest.

8. The right of herein Accused-Movant to seek

REINVESTIGATION in the instant case is guaranteed under the third
paragraph of Section 7, Rule 112 of the Rules on Criminal Procedure.

9. It is most respectfully manifested that the instant Motion is

founded upon valid and legal causes and the same is not being
interposed to delay the proceedings in the instant case.

10. Accused-Movant most respectfully appeal to the

consideration of the Court to grant this Motion given that she is an
indigent who is without knowledge of the required periods to file the
same.

PRAYER

WHEREFORE, in view of the foregoing, it is most respectfully

prayed that the Honorable Court issue an order directing the Office of
the Prosecutor of Quezon City to conduct a preliminary investigation
in the instant case in accordance with Rule 112 of the Rules of Court
and that the arraignment of the Accused set on 3 March 2010 be
deferred until the termination of the said investigation.

Other just and equitable reliefs are likewise prayed for.

Quezon City, 2 March 2010.

1
Salonga vs. Paño, 168 SCRA 276.
2
People vs. Court of Appeals, 301 SCRA 475.
3
People vs. Poculan, 167 SCRA 176.

2
 LAWYER
Roll No. 43212
IBP No. 780278; 1/06/10; Quezon City
PTR No. 3194432; 1/06/10,Quezon City
MCLE Compliance No. II-0007469;
[Address]

NOTICE OF HEARING

THE CLERK OF COURT

Regional Trial Court
Quezon City
Branch 220

OFFICE OF THE CITY PROSECUTOR

Hall of Justice
Quezon City

Sir/Madam:

Due to the urgency of this Motion, please take notice that the
undersigned will submit the foregoing Motion for the consideration of
the Honorable Court on Wednesday, 3 March 2010, at 8:30 AM, as
an exception to the three(3)-day notice rule, or as soon as the same
may be accommodated in the calendar of the Honorable Court.

ALLAN CONTRERAS

Copy Furnished:

OFFICE OF THE CITY PROSECUTOR

Hall of Justice
Quezon City