Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
Office of the Provincial Prosecutor
Cebu City
MAJESTIC LEGACY HOME DEVELOPMENT
CORP., represented by TIFFANY M. TOGONO,
Complainant,
-versus-

I.S. Docket No. VII-03-INV-15D-0387

MDN No. 15D-0165

GARY MATIDIOS,
Respondent.

MOTION TO RESOLVE
PRELIMINARY INVESTIGATION
The Complainant, through counsel, unto the Office of the Honorable
Provincial Prosecutor, respectfully moves to resolve the above-captioned case
in view of the following premises, to wit:
1.

On 16 April 2015, the Complainant, as herein represented by its

operations supervisor Ms. Tiffany Togono, filed a criminal case before
this good office against a certain Gary Matidios, a resident of Brgy.
Heminsulan, San Francisco, Cebu for committing any or all of the
following crimes: Theft; Trespass to Dwelling; and/or Vagrancy, all
punishable under the Revised Penal Code.

2.

Based on the amount of time that lapsed, presumably, subpoena and

its attachments must have already been served upon the respondent;
however, up to this date, the latter has yet to file his counter-affidavit
and supporting documents. Under the law, this failure or refusal may be
construed as a waiver of his right to file an answer to the complaint as
the filing thereof is discretionary upon the respondent.

3.

Since judging on the Complaint, the affidavit of witnesses, and the

supporting evidences, the act or omission constituting the offense is
clearly shown to exist. Assuming that the respondent cannot be
subpoenaed, under the Manual for Prosecutors, the case may be
resolved based on the evidence presented by the complainant.

4.

According to section 28 of the Manual for Prosecutors, the case shall be

submitted for resolution when the respondent cannot be subpoenaed
or, if subpoenaed, does not submit his counter-affidavit within the
reglementary period. In such case, the Honorable Investigating

Prosecutor shall base his resolution on the evidence presented by the

complainant.
PRAYER
WHEREFORE, in light of the foregoing, complainant most respectfully
prays of the Honorable Investigating Prosecutor and the Honorable Provincial
Prosecutor to grant the foregoing motion and accordingly resolve the case in
favor of complainant and thereby file the necessary criminal information in
court.
Respectfully submitted.
16 October 2015, Cebu City, Philippines.
CABRIDO & ASSOCIATES LAW FIRM
Counsel for Complainant
Rm. 1& 2, G/F Pueblo Aznar Uno Building
M. J. Cuenco cor. Gen. Maxilom, Cebu City
Tel: (032) 266 9106

CINDY ANTONETTE M. SUNGAHID

Roll no. 60163 IBP lifetime no. 010824

PTR no. 5554103 Cebu City - 1/15/2015
Compliance Certificate No. V 0010691 09/25/2015

LYNDON Y. ANCAJAS, JR.

Roll No. 60162 IBP Lifetime No. 010823

PTR no. 5554104 Cebu City - 1/15/2015
MCLE Cert. No. V 0010692 09/25/2015
jdancajas@outlook.com
Contact No. 0932-4277562

Copy Furnished thru Registered Mail1

GARY MATIDIOS
Post Office ________________
Sitio Mangudlong, Brgy. Heminsulan
Registry Receipt No. _________
San Francisco, Cebu
Date: _____________________

1 Copy of this Motion was served upon the respondent via registered mail due to his
remote location.