Republic of the Philippines REGIONAL TRIAL COURT 10th Judicial Region BRANCH 32 (Dinagat Islands) Surigao City PEOPLE

OF THE PHILIPPINES, Plaintiff, -versusDANIEL EDRADAN AH, Accused. ,$$$$$$$$$$$$$$$$$$$$$, OTION FOR REIN!ESTIGATION ACCUSED, through the undersigned Public Attorney-s "ffice, to this +onorable Court, .ost respectfully state) 1. *hat this case /as filed by the +onorable Asst. State City Prosecutor /ithout the benefit of the accused ans/ering the charges against hi.0 #. *hat /hile the resolution of the +onorable Asst. City Prosecutor states that the accused failed to sub.it his counter1ailing e1idence despite efforts of the "ffice to infor. hi. of the co.plaint filed against hi. and the scheduled preli.inary in1estigation, ne1ertheless, the accused /as not really infor.ed that there /as a case filed against hi. /ithout his fault. In fact, the infor.ation /as filed on May #01#, and that the accused /as arrested only this !o1e.ber #012 /hen the accused /ent to the police station to testify in a stabbing incident, ho/e1er, /hen found out by the police.en the na.e of the accused, that there /as a standing /arrant against hi., the police.en i..ediately arrested the accused. 2. *hat this .otion is anchored on the fact, that accused in this case has a 1alid defense ranged against the sole affida1it of the co.plainant /ithout any corresponding e1idence as to the o/nership of the said grinder sub3ect of this case e,cept the positi1e assertion of the pri1ate co.plainant0
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CRIM. CAS !". 1#$1%&#' ("R) *+ (*

4. A person cannot be held liable for theft on the property belonging to the.. It is the pri1ate co.plainant /ho sca..ed the grandfather 5o/ner of the grinder6 of the accused /hen the pri1ate co.plainant failed to pay the agreed rental pay.ent of P 200.00 per day. *he pri1ate co.plainant .erely paid P#00.00 for t/o$day use of the grinder that is /hy they too7 bac7 the property they o/ned as the agree.ent is per day basis, the o/ner is entitled to the possession of the property e1ery ne,t day unless the renter e,tends the sa.e, or unless the renter pays the agreed a.ount. It is the pri1ate co.plainant /ho is obligated to pay the balance of P 400.00 /hich the pri1ate co.plainant unla/fully refused to pay. 8. *he a.ount of the grinder as reflected in the receipt is only P #,'00.00 contrary to the allegation of the false pretender$ o/ner pri1ate co.plainant /hich is P &,000.00. *he receipt spea7s for itself that herein pri1ate co.plainant-s credibility is already in doubt. &. Attached herein are the affida1it of the o/ner duardo dradan and the receipt of the grinder paid by duardo dradan /hich receipt is in his position since January 1&, #01# until today. #HEREFORE, pre.ises considered, it is .ost respectfully prayed of this +onorable Court, that the foregoing .otion be $a%&'a(l) g'ant*d+ Surigao City, 9ece.ber &, #012. P:;<IC A**"R! =-S "((IC 9epart.ent of Justice Surigao City>del !orte 9istrict "ffice Surigao City Counsel for the Accused ;y) SHELDON G+ ESPARRAGO Public Attorney I Roll !o. &1??1 I;P !o. ?2800& Receipt 9ate) 4$##$#012 Ad.itted to the ;AR on April #8 #012 PA", +all of Justice, Capitol Co.pound Surigao City *el !o. 50'&6 #2#$&4%8 Handling Lawyer !oted ;y)
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@RACIA!" C. C"MP , JR. "IC$9IS*RIC* P:;<IC A**"R! = Roll !o. 8%%4? I;P <ifeti.e !o. 0?184 MC< Co.pliance !o. IA$0000284 PA", +all of Justice, Capitol Co.pound, Surigao City NOTICE AND RE,UEST FOR HEARING *he ;ranch Cler7 of Court M*CC ;RA!C+ 1 City Prosecutor Surigao City Sir) Please calendar the foregoing Motion for hearing on 9ece.ber 12, #012 at ')20 o-cloc7 in the .orning or at the earliest possible calendar of this +onorable Court, sans personal appearance of undersigned counsel.

S+ <9"! @. SPARRA@" Copy furnished) Atty. Manuel *esiorna Jr. CI*= PR"S C:*"R City Prosecutor-s "ffice Surigao City

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