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Comment and Opposition On Motion For Reconsideration Drug Case

The document discusses a motion for reconsideration filed in response to a resolution dismissing a complaint. It argues that the resolution was made carefully based on evidence and did not admit any facts supporting the complaint. It asserts that allowing the complaint would set a dangerous precedent without probable cause.

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james roulyn
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84 views4 pages

Comment and Opposition On Motion For Reconsideration Drug Case

The document discusses a motion for reconsideration filed in response to a resolution dismissing a complaint. It argues that the resolution was made carefully based on evidence and did not admit any facts supporting the complaint. It asserts that allowing the complaint would set a dangerous precedent without probable cause.

Uploaded by

james roulyn
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1

Republic of the Philippines


Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
City of ____________
-o0o-

_______________________, NPS DOCKET No. ______


Complainant,
For: Violation of Section 29 of
-versus- R.A. 9165

_______________________.
Respondents.
x---------------------------------------------/

COMMENTS & OPPOSITION


(Complainant’s Motion for Reconsideration)

RESPONDENTS, by counsel, unto the Honorable Office of the


City Prosecutor of _______, through the Honorable Investigating
Prosecutors in this case most respectfully submits their comments
and opposition to the Motion for Reconsideration filed by the
Complainant as follows:

TIMELINESS

Undersigned counsel received the Order, dated _______,


directing the herein respondents to submit their comment within 5
days from receipt of the said order. Respondents, thus, have until
__________ to submit their comment.

Today, _________, respondents files their Comments and


Opposition within the period given.

GROUNDS RAISED IN THE MOTION


FOR RECONSIDERATION OF COMPLAINANT

1. The assailed Resolution did not dispose the legal issue of


INDIRECT PLANTING UNDER Section 29 of R.A. 9165;
2

2. The assailed Resolution is a pregnant admission of the


existence of merit had there been no case filed against the
___________;

3. The line of reasoning of the Office of the City Prosecutor


in dismissing the instant case makes Section 29 of R.A. 9165 useless
and inutile, and it emboldens inefficiency and corruption in a police
organization saddled with anomalies; and

4. The function of a preliminary investigation is the


determination of probable cause, not guilt beyond reasonable doubt.

COMMENTS & OPPOSITION

First and foremost, it should be noted that the Office of the City
Prosecutor of __________, thru the Honorable Investigating
Prosecutors in arriving at its RESOLUTION, dated ________,
painstakingly took into account all the evidence submitted by both
parties. In fact, the body of the assailed resolution reads:

The findings of the Office of the City Prosecutor are clear and
unmistakable:

a) The Regional Trial Court, Branch ____ and the Office of the City
Prosecutor found that the evidence submitted to substantiate and
support the complaint in NPS Docket No. ________ was credible;

b) There is no finding that the facts established in NPS Docket No.


________ (now Criminal Case No. _________) are false or without any
basis; and

c) There is no single evidence, testamentary or otherwise, to


support the complaint against the respondents;

Second, there is nothing in the body of the assailed resolution


that suggest that there is a pregnant admission or any admission at
all favoring the allegations of the complaint.

Rather, it is direct in saying that there is no iota of evidence to


support the complaint.

Again, the assertion of any admission favoring the complaint


finds no support in the assailed resolution or in the records of this
case.
3

Third, the wisdom upon which the Office of the City Prosecutor
in arriving at its assailed Resolution is just, fair and supported by the
evidence on record, and cannot in any way be said to render a law as
inutile nor embolden inefficiency and corruption.

Lastly, the Office of the City Prosecutor found no evidence to


support the complaint as it was groundless and wanting. There can
be, then, no probable cause to speak of.

Besides, to allow suppositions and conjectures to be the basis of


a complaint would set a very dangerous precedent, which is what
would happen here if the complaint were allowed.

After all, as held by the Supreme Court in Hashim vs. Boncan 1:


The role and object of preliminary investigation were "to secure the
innocent against hasty, malicious, and oppressive prosecutions,
and to protect him from open and public accusation of crime, from
the trouble, expenses and anxiety of a public trial, and also to
protect the State from useless and expensive prosecutions."
(emphasis supplied by the undersigned)

Thus, the Supreme Court in Preferred Home Specialties, Inc., Et


Al. vs. Court of Appeals, Et Al., held that while probable cause
should be determined in a summary manner, there is a need to
examine the evidence with care to prevent material damage to a
potential accused’s constitutional right to liberty, the guarantees of
freedom and fair play, and to protect the State from the burden of
unnecessary expenses in prosecuting alleged offenses and holding
trials arising from false, fraudulent or groundless charges.2
(emphasis supplied by the undersigned)

Moreover, the determination of the existence of probable cause


lies within the discretion of the public prosecutor after conducting a
preliminary investigation upon the complaint of an offended party.3

A public prosecutor alone determines the sufficiency of


evidence that establishes the probable cause justifying the filing of a
criminal information against the respondent because the
determination of existence of a probable cause is the function of
the public prosecutor.4 (emphasis supplied by the undersigned)

PRAYER
1
71 Phil. 216 (1941);
2
G.R. No. 163593, December 16, 2005;
3
Kalalo vs. Office of the Ombudsman, G.R. No. 158189, April 23, 2010;
4
Glaxosmithkline Philippines Inc. vs. Khalid Mehmood Malik, G.R. No. 166924,
August 17, 2006.
4

WHEREFORE, it is most respectfully prayed of the Honorable


Office of the City Prosecutor of __________ to DENY the reliefs
prayed for in the Motion for Reconsideration, dated ________.

Respondents further pray for such other reliefs just and


equitable under the premises.

RESPECTFULLY SUBMITTED. _______, for _________


Philippines.

Copy furnished:

ATTY. _________________
Counsel for the Complainant Rec. on: ______________;
Dumaguete City, Negros Oriental Rec. by: ______________.

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