REPUBLIC OF THE PHILIPPINES

Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR
Imus City, Province of Cavite

ABEGAIL DELA ROSA

Complainant
NPS DOC NO. 03-INV-22J
-4211
-versus- For: RAPE

HUGE NATHAN DEL CASTILLO

JEFFERSON GARCIA
AND BRYAN PERDEZ,
Respondent(s).

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

COMMENT/OPPOSITION
(of Motion for Reconsideration dated March 03, 2023)

COMES NOW, the Complainant, and unto this

Honorable Office, most respectfully opposes the
Respondents Motion for Reconsideration, and in support
thereof avers that:

TIMELINESS OF THIS ACTION

This originated as a comment/opposition to a motion

for reconsideration filed by the respondents in the crime of
rape, finding probable cause to indict the said respondents.
However, such copy of Motion for Reconsideration was
received last March 22, 2023.

The complainant had until March 30, 2023 to file a

Comment/Opposition before this honourable jurisdiction
 ARGUMENT

In their Motion for Reconsideration, the Respondents

allege that the instant case should be dismissed because
the complainant evidence is insufficient to establish their
guilt beyond reasonable doubt.

The position of the respondents is without merit.

The respondents focus on the fact that the private

complainant failed to establish the veracity and certainty of
the complaint. First and foremost, the complainant
concretely established the evidence that will indict the
respondents herein. By providing numbers of evidence and
witnesses as well as the concrete admission of the
respondent huge Nathan Del Castillo.

In addition, to examine the clearness of statement of

the respondents herein, based on their executed affidavits.
Doubt exists, considering that based on their affidavits the
respondents admitted the fact that they are the one who
accompanied the complainant upstairs despite the
repeated prayer of the complainant to go back home.

It must be noted that the respondent’s witnesses are

close friend of the aforementioned respondents, particularly
Lester Villanueva who clearly heard and saw the criminal
act done by the respondents herein. How this person will
testify favour with the complainant knowing the fact that
he is closely related friend of the respondents.

Moreover, the respondents cannot also use the link on

YouTube as it did not establish the concrete identity of the
person on who they are. Therefore, that statement has no
bearing at all.

All told, the credibility of the complainant and the

witnesses are beyond question as their testimonies are
compatible with human knowledge and observation with
the respondent.

The Supreme Court ruled on this subject in Avellino

vs. People, to wit:

“Given the natural frailties of the human

mind and its capacity to assimilate all material
details of a given incident, slight inconsistencies
and variances in the declarations of a witness
and evidences hardly weaken their probative
value. It is well settled that immaterial and
insignificant details do not discredit a testimony
on the very material and significant point bearing
on the very act of appellants. As long as the
testimonies and evidences corroborate one
 another on material point, minor inconsistencies
therein cannot destroy their credibility.
Inconsistencies on minor details do not
undermine the integrity of the prosecution”.

Based on the above discussion, the respondents

clearly do not have any basis to state that the complainant
evidence is insufficient to establish their guilt.

Contrary to the claim of the respondents, the

complainant was able to paint and prove the complete
picture of the incident surrounding the instant case.

PRAYER

WHEREFORE, premises considered, and in the

interest of substantial justice it is humbly prayed that the
instant Motion for Reconsideration dated March 03, 2023
be denied for lack of merit.

Other reliefs be granted as shall be deemed just and

equitable in the premises.

Respectfully submitted this 30th day of March, 2023 at,

Imus City, Province of Cavite, Philippines.

EVELYN A. DELA ROSA ABEGAIL DELA ROSA

Guardian Complainant
 SUBSCRIBED AND SWORN, to before me this day of
March 30, 2023 by affiants, who have satisfactorily proven
to me their identity through their identifying documents
written below their name and signature, that they are the
same persons who personally signed this document that
they executed the same.

Doc No._______
Page No. ______
Book No. ______
Series of 2023

EXPLANATION

Copy of the Manifestation with Motion is served to the

Respondent via Registered Mail/LBC.

EVELYN A. DELA ROSA ABEGAIL DELA ROSA

Guardian Complainant

Copy Furnished:

HUGE NATHAN DEL CASTILLO

BRYAN PERDEZ
AND JEFFERSON GARCIA
Wellington Residences Brgy. Tres Cruses Tanza Cavite