REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
LAS PINAS CITY
ACTIVE RELIANT ELEVATOR AND
NPS DOCKET NO.
ESCALATOR COMPANY
XV-04-INV-16BRep. by: MAGDALENO CASTANEDA 00109
Complainant,
For: ESTAFA
-versusVLADIMIR JAVILLONAR
Respondent.
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MANIFESTATION AND MOTION TO EXPUNGE
NOW COMES, the Complainant in the above-entitled case,
thru the undersigned counsel respectfully by the undersigned counsel,
respectfully states that:
1.

On 4 March 2016, the Honorable Office set a hearing for

Preliminary Investigation of the above-entitled case and
directed that the Respondent to file his Counter Affidavit
before ACP DONALD MACASAET;

2.

Said hearing was attended by the Associate of the undersigned

Counsel of the Complainant, Marhen Jason Simbre. However,
the Respondent failed to attend said hearing and submit his
Counter Affidavit;

3.

In view of the foregoing, the Honorable ACP DONALD

MACASAET made a decision to submit the case for resolution;

4.

However, it was learned by the undersigned counsel thru his

own effort and diligence that the Respondent filed his Counter
Affidavit before the secretary/Executive Assistant before
closing of office hours of this Honorable Office;

5.

Thus, it is against the Manual for Prosecutors issued by Depart

of Justice, National Prosecution Service that the Counter
affidavit of the Respondent is being filed without filing a
Motion for Reopening of Investigation after the Investigating
Prosecutor submitted the case for Resolution.
28. Submission of case for resolution. - The Investigating
Prosecutor shall case submitted for resolution:
1

a)
When the respondent cannot be subpoenaed or, if
subpoenaed, does not submit his counter-affidavit within the
reglementary period. In such a case, the Investigating
Prosecutor shall base his resolution on the evidence presented
by the complainant; or upon submission by the parties of their
respective affidavits and supporting proof or documents, in
which event, he shall, upon the evidence thus adduced,
determine whether or not there is sufficient ground to hold the
respondent for trial
SEC. 31. Reopening of investigation.- After a case under
preliminary investigation has been submitted for resolution
under the provisions of the preceding Section but before
promulgation of the resolution, the preliminary investigation
may be reopened for the purpose of receiving new and/or
additional evidence upon the prior authorization given by the
Provincial/City Prosecutor concerned or upon motion of the
interested party, Provided, That in the latter case, it shall be
subject to the following conditions:
PRAYER
WHEREFORE, premises considered, it is respectfully prayed before
this Honorable Office that this Manifestation be duly noted and that the
Counter Affidavit submitted by the Respondent be disallowed and
expunged from the Records of the case
Complainant prays for such other measures of relief as this
Honorable Office may deem just and equitable in the premises.
Marikina City for City of Las Pias, 11 March 2016
by:
APSSaT Law Office & Associates
CU01A Alicante Tower, Marquinton Condominiums,
Sumulong Hi-way cor. Toyota Avenue, Barangay
Sto. Nio, Marikina City
Email address: apssat.lawofc@yahoo.com
Telephone Nos. 504-8465
ATTY. MOSES ELEAZAR B. PUA
PTR No. 6114052; 1-18-2016; Marikina
IBP No. 1025572; 1-15-2016; Rizal
Roll No. 62637
MCLE Governing board No.1, series of 2008

Copy Furnished:
RESPONDENT