REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
Office of the Secretary
Manila

WINNIFREDO G. ACUAT
Complainant-Appellant

-versus- NO. II-04-INV-20K-01550

FOR
VIOLATION OF PD 533
(ANTI-CATTLE RUSTLING LAW OF
1974)

RODOLFO F. ONQUILLO, JOEL G. TABAN,

ROBERTO E. FABIONAR,
ARNEL C. MARIANO AND RAMIL F.
RONQUILLO
Respondents-Appellant
x--------------------------------------x

PETITION FOR REVIEW

COMES NOW the petitioner through the undersigned counsel

and unto this Honorable Office, most respectfully submits this
PETITION FOR REVIEW and in support thereof further averse:

That the undersigned respectfully enters his appearance as

counsel for the petitioner. Henceforth, all papers, documents,
notices and/or orders shall be addressed to the undersigned
counsel from now on in the given address.

BAGUIWAN & PARTNERS LAW OFFICES

Contact No. 09759362585
Email address: [email protected]
2nd Floor, Gatbonton Bldg., Prov’l Rd., Bulanao, Tabuk City, Kalinga

A. Petitioner is of legal age and resident at Bulanao, Tabuk, Kalinga.

He is the complainant in NPS Docket No. II-04-INV-20K-01550
entitled Violation of PD 533 otherwise known as Anti-Cattle
Rustlings Law of 1974;

B. Respondents are Rodolfo F. Onquillio of legal age and resident of

Nuesa, Roxas, Isabela; Joel G. Taban of Rizal, of legal age and
resident of Roxas, Isabela; Roberto E. Fabionar of legal age and
resident of San Juan Quezon; Arnel Mariano y Cielo of legal age and
resident of Mangga, Quezon Isabela; and Ramil F. Ronquillo of legal
age and resident of Nueza, Roxas, Isabela, where they may be
served with legal processes;

C. That on January 28, 2021, the Provincial Prosecutor issued a

resolution in said NPS Docket No. II-04-INV-20K-01550 dismissing
the complaint for insufficiency of evidence to establish probable
cause;

D. Petitioner received said resolution, certified true copy of which is

attached as Annex “A”1 on February 25, 2021, and within 9 days
therefrom, petitioner filed a motion for reconsideration for the
reversal of the decision of the Provincial Prosecutor;

E. That on June 2, 2021, at Tabuk City, Kalinga, the undersigned

received the Resolution of the Honourable Prosecutor on the Motion
for Reconsideration copy of which is attached as Annex “B”2
disposing the case as follows:

“WHEREFORE, in view of the foregoing, the Motion for

Reconsideration is hereby denied for lack of merit.”

F. The instant Petition for Review is filed within 15 days from

receipt of said denial Annex “B” hereof;

G. That for the information of this Honorable Secretary, this case

started as follows:

1. On September 14, 2020, Rodolfo F. Ronquillo, Joel G. Taban,

Roberto E. Fabionar, and Arnel C. Mariano were flagged down
by Raymundo Apolonio, the Punong Barangay of San Juan,
and his kagawad Noli Purificacion while manning their
barangay quarantine control point at Barangay San Juan
Municipality of Quezon, Province of Isabela;

2. The vehicle driven by Rodolfo Ronquillo was an Isuzu Elf with

plate number BCR 1950 registered under the name of Ramil
Ronquillo;
3. When asked for verification of ownership for the four cows
loaded aboard the vehicle that can be easily seen by naked
1
Annex “B”- Resolution, January 28, 2021.
2
Annex “C”-Order, April 26, 2021.
eye, respondents were not able to produce a copy of their
certificate of ownership to said animals;

4. That Section 7 of PD 533 states that every person having in

his possession, control or custody of large cattle shall, upon
demand by competent authorities, exhibit the documents
prescribed in the preceding sections. Failure to exhibit the
required documents shall be PRIMA FACIE EVIDENCE that
the large cattle in his possession, control or custody are
the fruits of the crime of cattle rustling.

a. It is noteworthy to emphasize at this point that the

respondents, after their arrest, submitted a document
from the barangay certifying Roberto Fabionar as an
owner of a large cattle, as per the request by Ramil
Ronquillo;

b. The certificate showed bears the date of issuance as 14

day of September 2020, the same date that they were
arrested. Hence, the document may have been acquired
merely as an afterthought;

c. The certificate presented by respondent was not issued

by the Barangay Treasure as required by law, instead
it was allegedly signed by a kagawad named JunJun
Castaneda;

d. Section 3 of PD 533 warrants that owner/raiser shall,

before the large cattle belonging to him shall attain the
age of six months, register the same with the office of
the city/municipal treasurer where such large cattle
are raised. The city/municipality concerned may
impose and collect the fees authorized by existing
laws for such registration and the issuance of a
certificate of ownership to the owner/raiser.

5. Due to the failure of the respondents to show a certificate of

ownership, Punong Barangay Apolonio called the hotline
number of Quezon Police Station and requested their presence
for further verification and investigation;
6. PCPT Roberto C. Valiente, PEMS Alvin Enfectana and PCMS
Arnold Berbon responded to said call and immediately
proceeded to the area;

7. Upon investigation, they learned that the alleged owner of 2

cows was identified as Alfredo Mariano y Cielo, a resident of
Barangay Mangga, Quezon, Isabela and all said cows were
sold to a certain Ramil Ronquillo y Ferrer, a resident of
Barangay Nueza, Roxas Isabela. This was recorded in the
Joint-affidavit of PCPT Valiente and his men, attached and
marked as, Annex B,

8. PCPT Valiente requested the seller Arnel Mariano to produce a

certificate of ownership of said cows, but the latter failed to
show proof;

a. Section 3 of PD 533. Duty of owner/raiser to register. The

owner/raiser shall, before the large cattle belonging
to him shall attain the age of six months, register the
same with the office of the city/municipal treasurer
where such large cattle are raised. The
city/municipality concerned may impose and collect the
fees authorized by existing laws for such registration and
the issuance of a certificate of ownership to the
owner/raiser.

b. Section 5 of PD 533 states that no person, partnership,

association, corporation or entity shall engage in the
business of buy and sell of large cattle without first
securing a permit for the said purpose from the
Provincial Commander of the province where it shall
conduct such business and the city/municipal
treasurer of the place of residence of such person,
partnership, association, corporation or entity. The
permit shall only be valid in such province.

c. In Ernesto Pil-ey vs. People of the Philippines3, the

Supreme Court ruled that conviction for cattle-rustling
necessitates the concurrence of the following elements:
(1) large cattle is taken; (2) it belongs to another; (3) the
taking is done without the consent of the owner or raiser;
(4) the taking is done by any means, method or scheme;
(5) the taking is done with or without intent to gain; and
3
Ernesto Pil-ey, G.R No. 154941, July 9, 2007.
(6) the taking is accomplished with or without violence or
intimidation against persons or force upon
things. Considering that the gravamen of the crime is
the taking or killing of large cattle or taking its
meat or hide without the consent of the owner or
raiser, conviction for the same need only be
supported by the fact of taking without the cattle
owner's consent.

9. Such failure to show documents proving ownership of said

cows being transported by the respondents prompted the
police officers to place them under arrest;

10. That petitioners are the real and actual owners/raisers of

the subject cows;

11. P.D. NO 533 defines the owner/raiser as a herdsman,

caretaker employee or tenant of any firm or entity engaged in
the raising of large cattle or other persons in lawful
possession of such large cattle;

a. Winniefrode G. Acuat is the owner of the pasture land

located in Brgy. Mangga, Quezon, Isabela, and is the
owner/raiser of three of the stolen cows; and

b. Manases Bareng is the caretaker/herdsman/employee

of the pasture land owned by Huan T. Tiley located in
the same barangay. Bareng as raiser of one of the
stolen cows shall act for and in behalf of Tiley;

12. The petitioner is the owner/raisers of the large cattle

taken away by the respondents absent any authority or
consent;

a. The following attachment to this compliant will prove

that petitioners are the owners/raisers of the cows
stolen by the respondents:

i. Certification by the Municipal Treasurer of

Quezon, Isabela, that we are indeed cattle
raisers located in Barangay Mangga, marked as
“Annex C” for Acuat in the Supplemental
Affidavit to the Complaint4;

4
Annex “C”-Complaint, September 28, 2020.
ii. Registration of the private Brand, marked as
“Annex C-1” for Acuat in the Supplemental
Affidavit to the Complaint;

iii. Certification by the one office of the Punong

Barangay of Mangga, marked as, “Annex D” for
Acuat and “Annex E” for Bareng in the
Supplemental Affidavit to the Complaint;

iv. Affidavit of witnesses to attest that we are

cattle raisers in Barangay Mangga, and to
the fact that we have a missing cows:

1. Joint Affidavit of witnesses of Regellio Peralta

Liquigan and Regelio Abes Jr, marked as
“Annex F” in the Supplemental Affidavit to
the Complaint;

v. The taking was without petitioner’s consent;

and that the said cattle was later seen at the
police station being seized from the
respondents Thus, the foregoing elements of
the crime of cattle-rustling are present.

b. Upon learning that certain individuals were arrested

for cattle-rustling in barangay San Juan, petitioners
immediately had their herd counted and found out
that they have a missing cows;

c. Petitioners personally went to the police station to

determine if said cows were theirs;

d. Upon personal inspection, petitioners were able to

identify the cows that belonged to their herd:
i. Winniefredo G. Acuat was able to identify three of
the cows as follows:

1. Cow Number 1, male born august of 2018,

color: cream, the breed of the cow is the same
as that of the herd of Acuat that is double
earned, approximate market value of which is
at Php26,000, photo is attached and marked
as Annex G. Fresh markings can be seen on its
rear right leg with the initial AM, photo
attached and marked as “Annex G-1” in the
Supplemental Affidavit to the Complaint;

2. Cow Number 2, female, born on June 2018,

color: dirty white, the breed of the cow is the
same as that of the herd of Acuat that
commonly bears brown colors of the middle of
the horn, and color black at the forehead,
approximate market value of which is at
Php25,000.00, photo is attached and marked
as “Annex H”, with the initial AM, photo
attached and marked as “Annex H-1” in the
Supplemental Affidavit to the Complaint;

3. Cow Number 3, female, born September 2019,

color: white, the breed of the cow is the same
as that of the herd of Acuat that is double
eared, approximate value of which is
Php18,000.00 photo is attached and marked
as “Annex I” in the Supplemental Affidavit to
the Complaint.

ii. Manases Bareng was able to pinpoint to a male

cow which belongs to the herd he takes care
located in the same barangay, attached is the
picture of cow number 4, marked as “Annex J” in
the Supplemental Affidavit to the Complaint.

iii. The way by which we were able to identify the

cows are through the distinct markings and
physical characteristics that they have, which are
similar to the other cows that belong to our herd,
to wit: the breed/”lahi” of the cows; the double
ears; and the colors.

1. For proper comparison, attached are pictures

of cows belonging to the herd owned by Acuat,
marked as “Annex K” in the Supplemental
Affidavit to the Complaint;

2. And those being raised by Bareng marked as

“Annex L” in the Supplemental Affidavit to the
Complaint.
iv. It is obvious that upon comparison and closer
inspection, the three stolen cows, as shown under
the Annexes, have distinct marks and physical
characteristics similar to the cows from the herds
of Acuat;

v. And that the fourth stolen cows, as shown under

the Annexes, have marks and physical
characteristics similar to those from the cows
being raised by Bareng;

vi. As cow herders, it is a common practice that we

register for marking such cows only during
summer season because it is at this time that the
markings can properly heals, otherwise, if done
during rainy season, such markings will not heal
properly and will damage the skin of the cows, or
worse more infected;

vii. These cows do not bear our respective

marks/brands because of the lockdown and
quarantine periods brought about by the
pandemic during the summer season, the proper
time when they intended to be scheduled for
markings;

viii. Attached is a certification from the Municipal

Treasurer showing that markings for the said cows
are scheduled only during the summer due to
climate conditions, such certification can be seen
under Annex C in the Supplemental Affidavit to
the Complaint;

ix. Cow Number 1 and Number 2 have been

recently marked with the initials AM in a futile
attempt to make a false claim of ownership over
the animals. The wound at the time the
respondents were apprehended are not completely
healed, in fact, it can be seen that hair growth has
not started or is yet to start on the marked area;

x. As veterans in the industry, we can attest that

the markings/brandings made on the cows were
recently made, at approximately around a month
or two, because the wounded has not yet
completely healed;

1. Attached is a picture of the mark/brand made

on two (2) of the stolen cows, marked as “Annex
M” for cow number 1 and “Annex M-1” for cow
number 2 in the Supplemental Affidavit to the
Complaint;

2. Such markings were not done following the

protocols and process observed by cow
owners/raisers;

3. In comparison to markings/branding done

during the right season and following the
proper procedure, attached is the picture of
cows belonging to the herd of herd of Acuat,
marked as “Annex N” in the Supplemental
Affidavit to the Complaint;

4. These demonstrate markings/branding that

healed properly because it was done following
standard procedure and made during the right
weather/season. It can be seen that a properly
healed wound have a uniform scar mark and
keloid formation, and hair growth has taken
place;

5. Furthermore, to bolster our claim that the

markings bearing the initials AM is a mere
attempt on the part of the accused to claim
false ownership over the stolen cows, we asked
and inquired the office of the Municipal
Treasurer and they said that such cows were
not registered and not marked by their office;

13. Petitioners are the only one who fed and took care
of the cows from the time the cows were brought to the police
station as evidence;
14. The foregoing substantially proves petitioner’s
claim over the stolen cows, which negates the
unsubstantiated and vague claims by the respondents:

a. The respondents, in attempt to circumvent the

requirements mandated by law, acquired a
Barangay Certificate stating that Roberto
Fabionar is the owner, a certificate that was
requested by Ramil Ronquillo;

b. However, in an investigation made by the

police authorities, they learned that the alleged
owner was Alfredo Mariano;

c. And as if the inconsistencies were not enough,

a certain Punong Barangay named Rolando
Marcos, a brother-in-law of Roberto Fabionar
claimed that it was Ariel Mariano who has
cows;

d. It is clear that the respondents are merely

trying to stitch a story in order to make it
appear as though they own the stolen cows;

15. Hence, the above-named respondent, who

willfully and knowingly deprived the lawful owners of the
cows, conspiring with above-named individuals, deprived us
of possession of the four (4) cows absent any authority or
consent, have committed cattle-rustling in violation of P.D.
533;

16. It is clear from the foregoing facts that the

respondent is not the owner of the animals being
apprehended. So much so, that he has no authority
whatsoever to possessed and transport the same.

17. That its taking was without petitioner’s

consent; and that the said cattle was later seen at the
police station seized from the respondents. Respondents
having offered no satisfactory explanation for their
possession of the missing cows. Thus, the foregoing
elements of the crime of cattle-rustling are present.
H. That the undersigned erred in considering the basis of the
complaint filed;
I. That with due respect to the Honourable Prosecutor, the
undersigned believed that he committed error on the following:
a) That the complainant had pieces of evidence proving the guilt of
the respondents. That the circumstantial evidence accompanied by
testimonies of witnesses shows of their absolute ownership;
F. Attached as integral part of this petition are the following:
a) Proof of service of this Petition to the Honourable Prosecutorv;
b) Proof of service of this Petition to the Appellee; and,
c) Other Records of the Case.

WHEREFORE, the undersigned respectfully prays for the

setting aside of the resolution to the Motion for Reconsideration of
Prosecutor EVE JONAPAULA M. OBINA dated April 26, 2021, and
that the Honourable prosecutor be directed to file information so
demanded by the plaintiff – appellant.

Other reliefs just and equitable are likewise prayed for.

Tabuk City, Kalinga, June 16, 2021.

ATTY. JOHN PAUL S. BAGUIWAN

BAGUIWAN & PARTNERS LAW OFFICES
Counsel for the Petitioner
IBP OR No. 131701, Kalinga Chapter
PTR No. 1538973; 01/24/2021; Tabuk City, Kalinga
MCLE Compliance: Exempt – Admitted June 17, 2019
Roll No. 72685, 06/17/2019, Manila
Contact No. 09759362585
Email address: [email protected]
2nd Floor, Gatbonton Bldg., Prov’l Rd., Bulanao, Tabuk City, Kalinga
VERIFICATION
I, WINNIFREDO G. ACUAT, of legal age, after having been
duly sworn in accordance with law, depose and state that:
1. I am a Plaintiff - Appellant in the above-stated case;
2. I caused the preparation of the foregoing petition;
3. I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and/or on the basis of
copies of documents and records in my possession.

WINNIFREDO G. ACUAT
Plaintiff - appellant

SUBSCRIBED AND SWORN TO before me this 16th day of

June 2021 in the City of Tabuk, Kalinga, Philippines and I further
certify that I have personally examined the affiant and I convinced
and satisfied that he voluntarily executed the foregoing Petition and
understood all the contents hereof and that they are true and
correct as to his personal knowledge.

Copy Furnished:
Office of the Provincial Prosecutor
Cabagan, Isabela

RODOLFO F. ONQUILLO
Brgy. Nuesa, Roxas, Isabela

JOEL G. TABAN
Brgy. Rizal, Roxas, Isabela

ROBERTO E. FABIONAR
Brgy. San Juan, Quezon Isabela

ARNEL C. MARIANO
Brgy. Mangga, Quezon, Isabela