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Republic of the Philippines

DEPARTMENT OF JUSTICE
CITY PROSECUTION OFFICE
Old City Hall Building
Tuguegarao City
People of the Philippines,

Criminal Case No. ________


For: Perjury

-versusJimmy Butler Aganganga et al.,


Respondents.
x---------------------------x
MOTION TO DISMISS
Respondent Jimmy Butler Aganganga, by counsel, respectfully states:
1. Respondent stands charged of the crime of Perjury arising from her
alleged act of making untruthful statement under oath when he stated
that - he is a Filipino Citizen; he has personal occupation/possession/
cultivation of the land he is applying for; her occupation/possession/
cultivation of the land is open, peaceful, notorious, adverse and
exclusive in the concept of an owner; the land applied for is not
claimed by any other person or subject of any case/dispute involving
ownership; and he meets all the qualifications and none of the
disqualifications required by law for her application as per private
complaints Affidavit Complaint dated April 15, 2014, a copy of which
is attached to the records of the this case.
2. However, respondent was previously charged by the same
private complainant, Hector Matipuno , of the same crime
arising from the same acts.
3. The previous case was docketed as Case No. II-02-INV-09H00868 for Perjury filed before the Provincial Prosecutors Office
of Cagayan against herein respondent Limbo Maziga and
Esperanza Maziga.
4. The basis of the previous case filed by the same private
complainant, Swiper Dupax, is an Affidavit-Complaint dated
August 25, 2013, a copy of which is hereto attached and made an
integral part hereof as Annex A.
5. The present Affidavit Complaint dated April 14, 2014 which is
the basis of the instant suit and the previous AffidavitComplaint dated August 25, 2011 upon which Case No. II-02INV-09H-00868 was predicated, although involving adjacent lots,
pertain to the same acts of the respondent in making
untruthful statements in her Public Land Application as well as
in her Affidavit in support of the said application.
6. The previous case for Perjury filed by the herein private
complainant, Hector Matipuno , against the herein respondent
was dismissed for lack of merit pursuant to a Review
Resolution of Reviewing Prosecutor Frederick Aquino dated

July 28, 2011, a copy of which is hereto attached and made an


integral part hereof as Annex B.
7. Private complainants Motion for Reconsideration of the said
Review Resolution was denied prompting him to elevate the
said case before the Department of Justice by way of a Petition
for Review, a copy of which is hereto attached and made an integral
part hereof as Annex C.
8. The Petition for Review was filed before the DOJ by the private
complainant on March 2, 2012 as per Affidavit of Service
attached to the said Petition.
9. While the previous perjury case relates to Lot 6612 and the
present case involves Lot 6611, the Public Land Application as
well as the Affidavit in support of the application are
practically the same in all respect as they are pro forma
application forms and affidavits of the DENR.
10.
As such, the Provincial Prosecutors ruling of lack of
probable cause in the previous case equally applies in the
instant suit since the documents where the alleged perjurious
statements were made, are the same.
11.
For this reason, the present case should likewise be
dismissed for being utterly devoid of merit like the prior case
filed by the private complainant.
12.
Respondent thus adopts her Counter-Affidavit in the
previous case, a copy of which is hereto attached and made an
integral part hereof as Annex D as her own Counter-Affidavit in
the present case without prejudice to the filing of a
Supplemental Counter Affidavit if there be any necessity for
such.
WHEREFORE, respondent ______________, by counsel, respectfully
prays that this Honorable Office DISMISS the present case for the
reasons above stated.
In the alternative, that this Honorable Office consider
respondents previously filed Counter Affidavit in the earlier
perjury case filed by the private complainant as her Counter
Affidavit in this case along with the other supporting documents
attached as Annexes hereto.
Other reliefs just and equitable are likewise prayed for.
Tuguegarao City. ______________

ATTY. ______________
_________ St., Tug. City, Cagayan
MCLE Compliance No. _______
IBP LIFETIME NO. _____
issued on _____________

PTR NO. _______


issued on 01-04-13

The Clerk-in-Charge
City Prosecution Office
Greetings!
Please submit the foregoing motion for the consideration and approval
of this Honorable Office immediately upon receipt hereof.
ATTY. ________________________

VERIFICATION
I, ___________, of legal age and a resident of ______________, after having
been duly sworn to in accordance with law hereby depose and state that:
1. I am one of the respondents in Criminal Case No. ______ pending before
the Municipal Trial Court in Cities, Branch __, Tuguegarao City and
which is the subject of the present reinvestigation before the City
Prosecution Office of Tuguegarao City
2. I have caused the preparation and filing of the foregoing Motion to
Dismiss.
3. I have read the contents thereof and that the same are true based on
my own personal knowledge and on documents and records in my
possession.

___________________
Affiant
Subscribed and sworn to before me this ____ day of August 2013 at
Tuguegarao
City,
Cagayan
affiant
has
exhibited
to
me
her
_______________________ issued by ______________ issued at ______________
bearing her photograph and signature.
Doc. No.
Page No.
Book No.
Series of 201_.