Republic of the Philippines

DEPARTMENT OF JUSTICE

NATIONAL PROSECUTION SERVICE

Office of the Secretary

Padre Faura St., Ermita, Manila

PEOPLE OF THE PHILIPPINES,

Plaintiff - appellant Criminal case No. 12345-A

For: Qualified Theft. Article

310 of the Revised Penal Code

-versus-

JUANITO SAN JOSE,

Accused - appellee

x---------------------------------------------x

PETITION FOR REVIEW

COMES NOW, the undersigned petitioner, unto this Honourable Office

respectfully avers:

1. That on 16 September 2018, the undersigned Chief of Police of Navotas

City Police District, Navotas City upon complaint of the private offended
party filed a case against JUANITO SAN JOSE of No. 11, Ilang Ilang St.,
Tanza, Navotas City for QUALIFIED THEFT docketed under IS No.
24118-A before the Office of the City Prosecutor

2. That for the information of the Honourable Secretary this case started, as
follows:
 a. That on the morning of 16 September 2018, Juanito San Jose, a
working as a laborer in a construction site supervised by Rogelio
Manalili, arrived for work.

b. That on the same day at around 10:30 to 11 o’clock in the morning,

Juanito San Jose was ordered by Rogelio Manalili to buy paint rollers.

c. That Juanito San Jose asked permission to use Rogelio Manalili’s

motorcycle, a red Honda Click 125i, to which Manalili agreed.

d. That on the same day at around 3 o’clock in the afternoon, Rogelio

Manalili started asking the other workers if they have seen Juanito
San Jose.

e. That it came to Rogelio Manalili’s knowledge that Juanito San Jose

was still not back from buying the paint rollers.

f. That Rogelio Manalili called Juanito San Jose twenty times but failed
to reach him.

g. That until work hours were finished, Juanito San Jose never came
back with the money and motorcycle of Rogelio Manalili

h. That Rogelio Manalili filed a complaint with the Navotas City Police
District against Juanito San Jose for Qualified Theft.

i. That three days after the incident and filing of the complaint or on 19
September 2018, Juanito San Jose came back to work and returned the
money and Rogelio Manalili’s motorcycle.

3. That on Navotas City, September 25, 2018 the undersigned received the
Resolution of the Honourable Prosecutor copy of which is attached as Annex
“A” disposing the case as follows:

WHEREFORE, IN VIEW OF THE FOREGOING, it is most

respectfully recommended that the complaint filed be dismissed for the lack
of probable cause.

4. That the undersigned erred in considering the basis of the complaint filed.

5. That with due respect to the Honourable Prosecutor, the undersigned

believed that he committed error on the following:

a) That the complainant had pieces of evidence proving the guilt of the
accused, furthermore, on the Motion for Reconsideration, the complainant
even offered new evidence and witness that will further the case complaint.

6. Attached as integral part of this petition are the following:

a) Proof of service of this Petition to the Honourable Prosecutor (Annex
“B”)

b) Proof of service of this Petition to the Appellee

c) Other Records of the Case

WHEREFORE, the undersigned respectfully prays for the setting

aside of the appealed resolution of Assistant Prosecutor FRANCISO
SANTOS dated September 25, 2018 and that the honourable prosecutor be
directed to file information so demanded by the plaintiff – appellant.
Other reliefs just and equitable are likewise prayed for.

Navotas City, September 25, 2018

P/Supt. PEDRO NORTE

Chief of Police, Las Pinas Police District

VERIFICATION

I, ROGELIO MANALILI, of legal age, after having been duly sworn in

accordance with law, depose and state that:

1. I am a Plaintiff - Appellant in the above-stated case;

2. I caused the preparation of the foregoing petition;

3. 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.

ROGELIO MANALILI

Plaintiff - appellant

JURAT

SUBSCRIBED AND SWORN TO before me this 28th day of September

2018 in the City of Las Pinas, Philippines and I further certify that I have
personally examined the affiant and I convinced and satisfied that he
voluntarily executed the foregoing Petition and understood all the contents
hereof and that they are true and correct as to his personal knowledge.

EDILBERTO I. PUA
Notary Public
 Until December 31, 2013
PTR NO. 1234567
Issued on January 17, 2013
at Las Pinas City
Copy furnished:
ARTURO VALLEJO
Assistant City Prosecutor

ERIK IVANS M. SORIANO

Counsel for Respondent

Public Attorney’s Office

City Hall, Las Piñas City
Roll of Attorney 54321
IBP 54321; 04-17-09; MM
PTR 09876; 04-17-09; MM
MCLE Compliance