Republic of the Philippines Department of Justice OFFICE OF THE CITY PROSECUTOR Quezon City

VIRGILIO S. BELTRAN, Complainant

versus

XV-03-07890 For: Malicious Mischief, Unjust Vexation & Physical Injuries

RONALD S. BELTRAN, Respondent x---------------------------------------------x

OPPOSITION TO RESPONDENTS MOTION FOR RECONSIDERATION

The undersigned private complainant, unto the Honorable Office, most respectfully states that:

1. Complainant received by mail copy of respondents Motion for Reconsideration dated September 13, 2012 on September 19, 2012

2. Records of the Honorable Office reveal that copy of the Resolution dated June 18, 2012 was sent by registered mail to the respondent under Registry Receipt No. S-3091 posted at Quezon City Hall Post Office on August 15, 2012

3. Per Certification from the Quezon City Central Post Office issued to and on request made by complainants counsel, Atty. Anecio R. Guades, (S)ubject registered letter was return to sender on October 2, 2012 for the reason UNCLAIMED despite due notices: 1st Notice on 8-23-12; 2nd Notice on 8-31-12 and Last notice on 9-10-12.

4. Section 10, Rule 13 of the Rules of Court states: Sec. 10. Completeness of service. Personal service is complete upon actual delivery. Service by ordinary mail is complete upon the expiration of ten (10) days after mailing, unless the court otherwise provides. Service by registered mail is complete upon actual receipt by the addressee, or after five (5) days from the date he received the first notice of the postmaster, whichever date is earlier. (8a)

5. Applying the above-quoted Rule, respondent is deemed to have received the registered letter containing the Resolution of June 18, 2012 on August 28, 2012, i.e., 5 days from August 23, 2012, the date of 1st Notice

6. Respondent has 15 days from receipt of the resolution to move for reconsideration or appeal to the DOJ by way of petition for review; since the respondent is deemed to have received the Resolution on August 28, 2012, he had until September 12, 2012 to move for reconsideration or appeal to the DOJ

7. Respondents Motion for Reconsideration was filed either on September 13 or 14, 2012. Whichever date, the filing was late. The motion should be treated as a mere scrap of paper

IN VIEW OF THE FOREGOING, complainant most respectfully prays that respondents Motion for Reconsideration be DENIED outright.

Quezon City, Philippines; October 3, 2012.

VIRGILIO S. BELTRAN Complainant

Copy furnished: Ronald S. Beltran 131 Tolentino St., SFDM, QC