Republic of the Philippines
Department of Justice
NATIONAL PROSECUTION SERVICES
Office of the City Prosecutor
City OF Naga, Cebu
VICTORIA LYFE A. FERNANDEZ (minor)
Complainant,
-versus- NPS DOCKET NO. VII-20-INV-201-065
For: VIOL. OF RA 7610
LEO FERNANDEZ and JOCELYN
FERNANDEZ
x---------------------------------------------------------x
MOTION FOR RECONSIDERATION
RESPONDENT, JOCELYN FERNANDEZ, through undersigned
counsel, respectfully moves for a reconsideration of the resolution on the above-
mentioned case by averring that:
TIMELINESS OF THE MOTION
1) On Nov. 20, 2020, the complainant received a copy of the Resolution
from this Honorable Office recommending the filing of Information against the
herein respondent JOCELYN FERNANDEZ for violation of RA 7610 on the
May 16, 2020 incident.
LEGAL GROUNDS FOR THE MOTION FOR RECONSIDERATION
2) The Complainant moves for the Reconsideration of the above-
mentioned Resolution on the following grounds:
a) There was an Error of Law and/or Fact in the Judgment
committed by the investigating prosecutor in determining the
existence of the probable cause for the crime of violation of RA
7610 against the herein respondent Jocelyn Frnandez.
There was an Error of Law and/or Fact
in the Judgment committed by the
investigating prosecutor in determining
the existence of the probable cause for the
crime of violation of RA 7610 against the
herein respondent Jocelyn Fernandez.
It must be recalled that the complainant in her complaint affidavit did
mentioned that in the May 16, 2020 incident, she said that when she passed by
the house of her uncle Leo and herein respondent, she saw them busy planting
and when they saw her, respondent stopped and looked at her saying Baga gud
nimo ug nawng sige man mo ug agi-agi diri sa amo agi-anan”. She mentioned
that she pacified herself that mabe it was not her that the respondent was
referring to.
The allegations that maybe it was not the complainant she was referring to
is a clear indication that she is not sure that she was being referred to by the
respondent.
That respondent hereby reiterates that there is no truth of the matter that
she harassed Victoria Lyfe Fernandez on May 16, 2020. She alleged that
respondent told her “Baga gud nimo ug nawng sige man mo ug agi-agi diri sa
amo agi-anan” when they passed by our house. But even if it is true, it does not
and will not constitute harassment or violation of RA 7610 as the act is not a
punishable act nor constitute any crime;
The truth of the matter is that she did not utter those words to her.
Besides, the right of way that they passed by is the right of way for all base on
the agreement in barangay even before the complainant and his family
transferred their residence in the ancestral house. Respondent don’t have any
plants along the right of way as alleged in the complaint as they their have our
own garden. Likewise, respondent told herself that the conflict is between her
husband and complainants’ father and never they entertain to include their
respective children in the fight of the adult. Copy of the sketch of their
respective houses is hereby attached as Annex “1”
To be clear, there has been a series of Barangay Summons and complaints
between respondent’s husband and the complainant’s father and even including
respondent when the father of the complainant almost punched her. Copies of
the Barangay meetings are hereby attached as “Annex”1 to “8” as proof
that we have confrontations with the complainant’s father at the barangay;
Clarificatory Hearing Before the Investigating Prosecutor
Clarificatory Hearing Before the Investigating Prosecutor
The complainant likewise move for a clarificatory hearing before the
investigating prosecutor together with the complainant in this case so that the
respondent can personally explain that she did ot utter those words and to end
their conflict with each other.
PRAYER
WHEREFORE, in view of the foregoing, it is most respectfully and
humbly prayed before this Honorable City Prosecutor that the Resolution of this
case be reconsider and set aside and that a new one be issued dismissing this
case for lack of merit.
Other reliefs as may be just and equitable under the premises are likewise
prayed for.
November 27, 2020, Cebu.
DAVIDE, SUSUSCO CODERA and ASSOCIATES LAW OFFICE
COUNSEL FOR THE RESPONDENT
RM. 306, Diaz Bldg., J. Avila St., Osmena Blvd.
Capitol Site, Cebu City, Philippines
Tel. No. (032) 4199720
By:
ATTY. GIOVANNI D. SUSUSCO
IBP Cebu City No. 023763 on 1-03-2018
PTR No. 3018163/ 2-07-2018/ Cebu Province
Roll of Attorneys No. 53097
Admitted to the Bar on April 26, 2007
MCLE COMPLIANCE NO. V-0008256
Copy Furnished:
Atty. Vivien Catherine Concption Torrizo-Velez
Counsel for the complainant
2nd Floor JMV Bldg., J. P. Rizal St. Poblacion II,
Carcar City, Cebu 6019
VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING
I, MARNELO M. MENDEZ, Filipino, of legal age, and a resident of Filipino,
of legal age, married and currently residing in Lacaron, Pitalo, San Fernando
Cebu after having been duly sworn to in accordance with law, do hereby depose
and state the following:
1. That I am the RESPONDENT in the above entitled case and I have
caused the preparation of the foregoing Motion for Reconsideration;
2. That I have read and understood all the contents thereof and the
same are true and correct to the best of my knowledge and belief based on
authentic records;
IN WITNESS WHEREOF, we have hereunto signed this Verification an
this ___ day of _____________ 208 in Talisay City, Cebu.
_______________________
MARNELO M. MENDEZ
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of
__________________ 2018 at Talisay City, Cebu, Philippines. Affiant
exhibiting to me his _____________________ as proof of their competent
identity.
Doc. No. _____
Page No. _____
Book No. _____
Series of 2018
