Republic of the Philippines

Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR
PROVINCE OF LANAO DEL NORTE
Hall of Justice, Carbide Village, Tubod, Iligan City

SKYLER A. WHITE NPS NO. 023215-CB521042

Complainant

-versus-
FOR: QUALIFIED TRESPASS
TO DWELLING UNDER R.A.
NO. 3815, AS AMENDED
(THE REVISED PENAL CODE)

HENRY R. SCHRADER
Respondent
X---------------X

VERIFIED MOTION FOR RECONSIDERATION

RESPONDENT, through the undersigned counsel, move
this Honorable Office for a reconsideration of its Resolution
dated March 1, 2024, a copy of which was received on March
3, 2024 upon the following considerations and further avers
that:

PREFATORY STATEMENT
The determination of the existence of probable cause lies
within the discretion of the prosecuting officers after
conducting a preliminary investigation in accordance with the
guidelines set forth in the 2000 Revised Rules of Criminal
Procedure.
Prosecutors however, are not given an unregulated
authority to determine the existence of probable cause. They
must abide by the cardinal rules of justice and fairplay.
Specifically, in order that probable cause to file a criminal case
may be arrived at, the elements of the crime charged should be
determined to be present through the careful consideration
and examination of competent evidence.
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 GROUNDS FOR THE FILING OF THE MOTION FOR
RECONSIDERATION:

Misapprehension of Facts
In the present case, the misidentification of the individual
in the CCTV footage and the failure to consider
contradictory evidence may constitute a misapprehension
of facts. This is established under Rule 121, Section 2 of
the Rules of Court.
New Evidence
In the present case, the submission of an affidavit from
an eyewitness, as well as other supporting evidence,
constitutes new evidence that was not previously
available during the initial proceedings. Under Rule 121,
Section 2 of the Rules of Court, a motion for
reconsideration can be filed based on new evidence.

ARGUMENTS

A. Misapprehension of Facts
Firstly, it is imperative to address a crucial oversight by
this office. Upon scrutiny of the CCTV footage presented as
evidence, it becomes evident that the individual depicted bears
no resemblance to myself. The person shown in the footage is
described as a tall black male wearing cap, a description
markedly incongruous with my own appearance. I neither own
nor own and wear the said cap, and the physical disparities in
body shape and complexion further underscore this
discrepancy. For visual clarification, a formal full-body image
of myself is attached as “ANNEX A”. Moreover, the context of
the CCTV footage remains ambiguous, and reliance on such
incomplete evidence by this office suggests partiality and
undermines the pursuit of justice.

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B. New Evidence

Moreover, in refuting the allegations of violence, I

consistently maintain that my intention was to reconcile and
address the malicious acts of the complainant and her family,
without engaging in any violent or intimidating behavior
during the encounter.
To support this assertion, an affidavit labeled as "ANNEX
B" has been presented, containing the testimony of an
eyewitness, signed by RORONOA ZORO. This affidavit is
submitted to convince this Office that I indeed approached the
situation with a peaceful demeanor, and that it was the
complainant and her children who initiated the conflict by
throwing stones at us beforehand.
In jurisprudence, the elements of the crime in question
are well-established: (1) the offender is a private person or a
public officer acting in a private capacity; (2) entry into the
dwelling of another; (3) against the latter’s will; and (4)
presence of qualifying circumstances such as violence or
intimidation.
Based on the testimony of the witness, it is evident that I
displayed no aggression and sought only peaceful dialogue.
There is no indication of violence or intimidation. Without
evidence of the alleged qualifying circumstances of violence
and intimidation, the complaint for violation of qualified
trespassing lacks merit

PRAYER

IN VIEW OF THE FOREGOING, it is respectfully prayed

of this Honorable Office that the Resolution, dated 1st day of
March 2024, recommending for the finding probable cause for
QUALIFIED TRESPASS TO DWELLING UNDER R.A. NO.
3815 against herein respondent be REVERSED and SET
ASIDE, and that a Resolution be issued DISMISSING the
Complaint.

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

RESPECTFULLY SUBMITTED.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 4th day of March 2024, in Iligan City.

MARIE A. SCHRADER
Complainant/Affiant

SUBSCRIBED AND SWORN TO before me this 4th day

of March 2024 in Iligan City.

APHRODITE TIZON
Provincial Prosecutor

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 ANNEX A

Photograph depicting the entirety of my person and my physical traits for

the calendar year 2024.

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 ANNEX B

Republic of the Philippines )

City of Iligan) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF WITNESS

I, RORONOA ZORO, of legal age, Filipino, and a resident of

Tibanga, Iligan City, Philippines, after having been duly sworn to in
accordance with law, hereby depose and state the following:
1. I am executing this affidavit to attest to the truth of the events that
I personally witnessed pertaining to the incident involving Henry R.
Schrader and Skyler A. White, as described in the above-captioned case;
2. On the date of February 23, 2024, at approximately 2pm, I was
present at Purok 2, Brgy. Tibanga, Iligan City, which is in close proximity
to the residences of both Henry R. Schrader and Skyler A. White;
3. I observed the events that transpired between Henry R. Schrader
and Skyler A. White on the said date. Contrary to the allegations made
by Skyler A. White, I did not witness any aggressive or violent behavior
exhibited by Henry R. Schrader;
4. Instead, I saw that it was Skyler A. White and her children who
initiated the conflict by throwing stones at Henry R. Schrader and his
family. The actions of Skyler A. White and her children were unprovoked
and appeared to be the cause of the altercation.
5. Based on my observations, Henry R. Schrader maintained a
peaceful demeanor throughout the encounter and did not engage in any
violent or intimidating behavior.
6. I am executing this affidavit voluntarily and without any coercion. I
affirm that the statements contained herein are true and correct to the
best of my knowledge and belief.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 26th

day of March 2024 at Tibanga, Iligan City, Philippines.
RORONOA ZORO
Affiant

SUBSCRIBED AND SWORN to before me this 26th day of March 2024 at

Iligan City, Philippines.

HARVEY SPECTRE
Notary Public
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