Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Iligan City

SPOUSES RIC GUILLENA &

MARIA TERESA GUILLENA, NPS No. X-08-INV-19F-00269
Complainants,
For:Grave Threats
-versus-

EDGARDO CANDOLE,
Respondent.

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MOTION FOR RECONSIDERATION

Come now, complainants and unto this Honorable Office,

respectfully move for the reconsideration of the Resolution dated 03 July
2019, and in support thereof, respectfully states:

1. In the Resolution dated 03 July 2019 (a copy of the same is

attached as Annex “A”), the Honorable Office of the City
Prosecutor ruled:

“WHEREFORE, premises considered, instant case is hereby

recommended DISMISSED for lack of probable cause.”

2. It is complainant’s humble position that the Honorable Office

committed serious error in rendering the above-cited resolution and
the ground in support of this motion is based on the Supreme Court
decision in the case of Enrile Vs Manalastas (GR No. 166414,
October 22, 2014 which held that: “The preliminary investigation,
which is the occasion for the submission of the parties’ respective
affidavits, counter-affidavits and evidence to buttress their separate
allegations, is merely inquisitorial, and is often the only means of
discovering whether a person may be reasonably charged with a
 crime, to enable the prosecutor to prepare the information. It is not
yet a trial on the merits, for its only purpose is to determine
whether a crime has been committed and whether there is
probable cause to believe that the accused is guilty thereof.”
(Emphasis ours)

3. The submission of digital evidence to support the complaint of the

Complainant is unnecessary as finding of probable cause does not
require an inquiry into whether there is sufficient evidence to
produce a conviction. It is enough that it is believed that the
act or omission complained of constitutes the offense
charged. Precisely, there is a trial for the reception of evidence of
the prosecution in support of the charge ( Metropolitan Bank and
Trust Company, vs Gonzales, GR No. 180165, April 07, 2009,
584 SCRA 631, 640-641)

4. Undoubtedly, all the pieces of evidence on hand, considering further

that the counter-affidavit of the accused did not present any strong
evidence to controvert the same as his defenses were of the
weakest form, the same is more than enough to engender a well-
founded belief that the respondent herein is liable for the crime
grave threats.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Office to reconsider its resolution dated 03 July 2019, thereby
issuing another finding of probable cause for the crime of grave threats
under the Revised Penal Code against the respondent.

Other reliefs, just and equitable under the circumstances are

likewise prayed for.

RESPECTFULLY SUBMITTED.
 29 July 2019 for Iligan City, Philippines.

Copy furnished:

1. ALBERT L. OPON
Prosecutor II
Hall of Justice, Iligan City

2. EDGARDO CANDOLE
Respondent
Milestone Drive Extension, Bagong Silang
Iligan City