Motion For Reconsideration

 

Republic of the Philippines Provincial Prosecution Office Camarines Sur Hall of Justice, Naga City SALVE LACOSTE, Complainant,

NPS-V-05-INV-16F-1062 (ESTAFA) NPS-V-05-INV-16F-10623 (FALSIFICATION) 

NPS-V-05-INV-16F-10623 FALSIFIED DOCUMENTS) 

(USE OF

-versusHAZEL BRAZAL, JOSEPHINE ARMENDI MARIAN ABIGAIL NUNEZ, JANE BLANCO AND NESTOR OSCILLADA Respondents x- - - - - - - - - - - - - - - - - - - - - -x MOTION FOR RECONSIDERATION (OF THE RESOLUTION DATED JUNE 23, 2016) Complainant-Movant Salve Lacoste, by herself unto this Honorable Office, most respectfully sets forth, that: TIMELINESS OF THIS

CTION

1) Respondent-Movant was received a copy of the Resolution in the aboveentitled case on July 25, 2016; Thus, she has until August 9, 2016 within which to file this Motion for Reconsideration; GROUNDS RELIED

2) In the Resolution, the Honorable Investigating Prosecutor DISMISSED the complaints in the above-entitled cases on the following grounds: a)  Lack of a sworn Testimony or Certification from Atty. Glen Perillo; b)  Lack of Sworn Statement coming from Glecy Garcia; c)  There is doubt as to the jurisdiction considering the facts that the documents subject of this case were notarized in Pili, Camarines Sur, and the money was given at BDO, Nabua;

-----------------Page 1 of 3

 

COMPLIANCE 3) The undersigned in acquiescence to such lack, respectfully submits the following documents and arguments: a)  The Undersigned on July 5, 2016 submitted and was received by the City Prosecution a Certification issued by Atty. Glen Perillo indicating that the TCT relied upon by complainant was a fake one, hereto attached as nnex “ ”  b)  Affidavit of Josephine Armendi dated June 3, 2016 she voluntarily executed before Assistant City Prosecutor Herman M. Cledera, stating that she was enticed by Marian Abigail Nunez to pretend to be Glecy Garcia and was issued fake BI R Tin Card and Driver’s License to transact the sale of the house and lot of the real Glecy Garcia, attached as nnex “B”  c)  The real Glecy Garcia was approached by undersigned. The latter refused to execute sworn statement because she had already sold the house and lot to aanother person and has nothing to do with the instant case. Undersigned cannot by herself force Glecy Garcia to execute a sworn statement. That is her constitutional right. This leaves undersigned with a predicament in such absence; d)  As to the issue of Jurisdiction, it is respectfully submitted that Naga City Prosecution Office has jurisdiction in the above entitled case on the following grounds: i)  The location of the house and lot is in Naga City; ii) The deception/ false pretenses and enticements were made in Naga City; iii) The The Fake Title was shown to undersigned at Camella Homes, Naga City, that is why undersigned agreed to shell out the loan; iv) Had Had the fake title not shown to undersigned in Naga City she would not have approved of the loan; v)  There was already a meeting of minds in Naga City, hence the Contract of Loan was already consummated albeit not perfected. Hence an essential element in the commission of the offense of falsification, use of falsified documents and estafa exists in Naga City;

-----------------Page 2 of 3

 

CONCLUSION

4)  In summary, the above disquisition and documents submitted if taken into consideration by this Honorable Office clearly shows that probable cause for the above-offenses exists against above named respondents . PR YER

WHEREFORE, it is most respectfully prayed of this Honorable Office that the Resolution of this Honorable Office dismissing the above-entitled cases be reversed and a new resolution be issued finding probable cause and recommending the filing of Informations in Court.  

 July ___ , 2016, Naga City, Philippines.

SALVE LACOSTE

Complainant-Movant VERIFICATION

I, Salve Lacoste, of legal age, after having been duly sworn in accordance with law, depose and state that: 1. I am an the Complainant-movant in the above-entitled case; I have caused the preparation of the foregoing and I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession; SALVE LACOSTE

Affiant

SUBSCRIBED AND SWORN to before me this _______________, in the City of Naga, Philippines.

-----------------Page 3 of 3