Republic of the Philippines

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
City of Las Pinas

PEOPLE OF THE PHILIPPINES,

Plaintiff, Criminal case No. 12345-A

For: Qualified Theft. Article 310
of the Revised Penal Code
-versus-

CHRISTOPHER AGUSTIN AVES,

Accused.

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

MOTION FOR RECONSIDERATION

COMES NOW, the complainant by the undersigned attorney and within the
reglementary period prescribed by the Rules of Court hereby files this motion for
reconsideration from the issuance of the resolution of lack of probable cause by the
judgement rendered by Prosecutor Honorio Talipan of Office of the Prosecutor by virtue
of new vital witness which was not obtained during the trial of this case and if produce
will substantially affect the decision of the Honorable Court, to wit:

1. On October 1, 2012, undersigned counsel for the Complainant received a copy

of this Honorable Court’s Resolution denying the complaint for Qualified theft.
The dispositive portion of the Resolution states:

“WHEREFORE, IN VIEW OF THE FOREGOING, that an information for

the crime of Qualified theft filed against the respondent CHRISTOPHER AVES is
lack of merit.

A copy of the Resolution is attached hereto as Annex “A”.

2. The denial of the petition on the following grounds:

a. For one to be guilty of theft, the accused must have an intent to steal (animus
furandi) personal property, meaning the intent to deprive another of his
ownership/lawful possession of personal property which intent is apart from,
but concurrent with the general criminal intent which is an essential element
of a felony of dolo (dolos malus). The animo being a state of the mind may be
proved by direct or circumstantial evidence, inclusive of the manner and
conduct of the accused before, during and after the taking of the personal
property. General criminal intent is presumed or inferred from the very fact
that the wrongful act is done since one is presumed to have willed the natural
consequences of his own acts. Likewise, animus furandi is presumed from
the taking of personal property without the consent of the owner or lawful
possessor thereof. The same may be rebutted by the accused by evidence
that he took the personal property under a bona fide belief that he owns the
property.

b. The acts of Christopher and the relevant circumstances that led to accused
him of stealing the scrapped steel metal provide that there is no sufficient
basis for the finding of probable cause to file information against him for
qualified theft. In fact, it is easy to infer from the factual milieu of the instant
case the existence of all the elements necessary for the prosecution of the
crime of qualified theft.

c. Moreover, the element of qualified theft was lacking since based on the
respondent’s affidavit. And that the complainant did not pursue the said
allegation

3. The complainant respectfully moves for the reconsideration of the above-cited

resolution based on the following grounds:

a. While discretionary authority to determine probable cause in a preliminary

investigation to ascertain sufficient ground for the filing of information rests
with the executive branch, such authority is far from absolute. It may be
subject to review when it has been clearly used with grave abuse of
discretion. And indeed, grave abuse of discretion attended the decision to
 drop the charges against Christopher as there was more than probable
cause to proceed against him for qualified theft.

b. In fact, it is obvious from the jpint affidavits affidavits that he keep the
scrapped metal and make profis Indeed, as the his own testimony, ahe keep
the tool box in the barracks becomes an evidence of intent to gain.

c. Taking this fact into consideration, it cannot be denied that the wheels of the
felony started turning days before of keeping and selling the metals. And the
taking and profiting was a mere culmination of the crime that was commenced
in Limjoco Construction.

PRAYER

WHEREFORE, it is most respectfully prayed that the instant petition be

considered by the Honourable Court and further grant the complaint other relief be
granted as shall be deemed just and equitable in the premises

City of Las Pinas, October 05, 2013.

ANDRES T. CREUS
411 Paloma Building
Pamplona, Las Pinas City
 Copy hereof received by Ofiice of the Prosecutor, Las Pinas City this 5 th day of
October, 2013.

ATTY. MARY JOY K. TAGLE

Counsel for the Accused

ASST. FISCAL BALAGTAS BALAGTAS

1777 H. Liwasan, Manila

ANDRES T. CREUS
Counsel for the Accused
Notary Public
Until December 31, 2013
PTR NO. 172208
Issued on January 17, 2013
at Las Pinas City