Motion To Admit - Joint Counter Affidavit Ocp

Republic of the Philippines

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
Makati City

INSERT CAPTION
Respondents.
x---------------------------------------------------x

MOTION TO ADMIT ATTACHED

JOINT COUNTER AFFIDAVIT
Respondents __________________________ (hereinafter collectively

referred to as the “Respondents ______”) are all Filipino Citizens, of legal
age and with address at _________________________ respectfully move
for the admission of the attached Joint Counter Affidavit and in support
thereof state:
1. At the outset, we respectfully emphasize that the instant case

has not yet been submitted for resolution. The preliminary investigation
proceedings are still ongoing and there is another scheduled hearing on 29
June 2021. With the preliminary investigation proceedings still ongoing, the
mandate of this Honorable Office under Sections 2 and 3, Part III of the
2008 DOJ Revised Manual for prosecutors are still very much applicable
herein:
“SEC. 2. Purpose of preliminary investigation. - A

preliminary investigation is intended:
a) to secure the innocent against hasty, malicious and

oppressive prosecution and to protect him from an open
and public accusation of a crime and from the trouble,
expense and anxiety of a public trial;1 and
b) to protect the State from having to conduct useless and
expensive trials.2
SEC. 3. Nature of preliminary investigation. - The

conduct of a preliminary investigation is a substantive right
which the accused may invoke prior to or at least at the time of
plea, the deprivation of which would be a denial of his right to
due process.
1
People vs. Poculan, 167 SCRA 176 [1988]; Rodis, Sr. vs. Sandiganbayan, Second Division, 166
SCRA 618 [19881; Salonga vs. Pano, 134 SCRA 438 [1985]; Trocio vs. Manta, 118 SCRA
241[1982]; Sausi vs. Querubin, 62 SCRA 155 [1975]; and Hashim vs.Boncan, 71 Phil. 216
[1941].
2
Tandoc vs. Resultan, 175 SCRA 37 [1989].
2. This nature and purpose of preliminary proceedings to secure
the innocent against hasty, malicious and oppressive prosecution was further
described by the supreme court in the case of Sales v. Adapon,3 citing the
landmark case of Ang-Abaya v. Ang4, wherein it explicitly ruled that the duty
of a prosecutor in preliminary investigation cases is more to justice than to
prosecute, thus:
“A preliminary investigation is in effect a realistic

judicial appraisal of the merits of the case; sufficient proof of
the guilt of the criminal respondent must be adduced so that
when the case is tried, the trial court may not be bound, as a
matter of law, to order an acquittal. Although a preliminary
investigation is not a trial and is not intended to usurp the
function of the trial court, it is not a casual affair; the officer
conducting the same investigates or inquires into the facts
concerning the commission of the crime with the end in
view of determining whether or not an information may be
prepared against the accused. After all, the purpose of
preliminary investigation is not only to determine whether there
is sufficient ground to engender a well-founded belief that a
crime has been committed and the respondent therein is
probably guilty thereof and should be held for trial; it is just as
well for the purpose of securing the innocent against hasty,
malicious and oppressive prosecution, and to protect him from
an open and public accusation of a crime, from the trouble,
expense and anxiety of a public trial. More importantly, in the
appraisal of the case presented to him for
resolution, the duty of a prosecutor is more to do justice and
less to prosecute.”5
3. As applied herein, Respondents submit that their statements in

the Joint Counter Affidavit, would greatly aid in the inquiry into the facts
concerning the commission of the crime considering that the very evidences
submitted by Complainant belie their baseless claims. In this regard,
Respondents hope that this Honorable Office would honor its duty to do
justice and make a realistic judicial appraisal of the merits of the Complaint
rather than merely prosecute the instant case.
4. The purpose of a preliminary investigation as realistic judicial

appraisal of the merits of a case in order to protect the State from having to
conduct expensive trials was further affirmed and explained in the case of
Sales vs Sandiganbayan,6 thus:
3
G.R. No. 171420, [October 5, 2016], 796 PHIL 368-386.
4
G.R. No. 178511, [December 4, 2008], 593 PHIL 530-548.
5
Emhasis in the original.
6
G.R. No. 143802, 16 November 2001.
“Indeed, a preliminary investigation is in effect a
realistic judicial appraisal of the merits of the case.
Sufficient proof of the guilt of the accused so that when the
case is tried, the trial court may not be bound as a matter of
law to order an acquittal. A preliminary investigation has then
been called a judicial inquiry. It is a judicial proceeding. An act
becomes judicial when there is opportunity to be heard and for
the production of the weighing of evidence, and a decision is
rendered thereon.
x x x
Indeed, since a preliminary investigation is designed to

screen cases for trial, only evidence may be considered. While
even raw information may justify the initiation of an
investigation, the stage of preliminary investigation can be
held only after sufficient evidence has been gathered and
evaluated warranting the eventual prosecution of the case in
court.
x x x
It should be realized however, that when a man is haled

to court on a criminal charge, it brings in its wake problems not
only for the accused but for his family as well. Therefore, it
behooves a prosecutor to weigh the evidence carefully and
to deliberate thereon to determine the existence of a prima
facie case before filing the information in court. Anything
less would be a dereliction of duty.”7
5. Herein, a “realistic judicial appraisal of the merits (or lack

thereof)” in the instant case as discussed in the attached Joint Counter
Affidavit will readily show that there is absolutely no probable cause for any
liability for Qualified Theft nor for Estafa by means of Deceit against
Respondents considering that the Complaint is both procedurally and
substantively defective in that: INSERT REASONS/GROUNDS.
6. In view of the existence of these defenses as will discussed in

the attached Joint Counter Affidavit we respectfully invoke the ruling of the
Supreme Court in the case of Sales v. Adapon,8 wherein it held that this
Honorable Office be a crucial sieve in our criminal justice system, thus:
“A preliminary investigation is the crucial sieve in the

criminal justice system which spells for an individual the
difference between months if not years of agonizing trial and
possibly jail term, on the one hand, and peace of mind and
liberty, on the other. Thus, we have characterized the right to a
preliminary investigation as not a mere formal or technical right
7
Emphasis ours.
8
G.R. No. 171420, [October 5, 2016].
but a substantive one, forming part of due process in criminal
justice.”
7. With the pronouncements by the Supreme Court, Respondents

beseeches the kind indulgence of this Honorable Office in order that they
may be given an opportunity to refute the accusations them as it is their
substantive right in a preliminary investigation. 9 To deny Respondents a
meaningful opportunity to properly rebut the accusations against them
would be tantamount to penalizing a litigant for being unable to immediately
acquire the services of counsel, a possible discrimination against those who
do not have sufficient means to immediate acquire the services of an
attorney, a clear violation of their right to be heard in the preliminary
investigation, and ultimately a gross violation of its substantive right to due
process.
8. Finally, Respondents respectfully submit that it would be in the

best interests of substantial justice that they be given a chance to submit the
attached Joint Counter Affidavit in order that the instant case may be
decided based on the arguments and evidence of both parties instead of on a
procedural technicality.
9. In view of the foregoing valid and justifiable reasons,

Respondents respectfully moves that the attached Joint Counter Affidavit be
admitted by this Honorable Office as part of the records of this case and
considered in the resolution of the Complaint. Respondents manifest that
they will personally attend the scheduled hearing on 29 June 2019 in order to
affirm their execution of the attached Joint Counter Affidavit.
PRAYER
ADD IN PRAYER, SIGNATORIES, EXPLANATION ETC.
(Verification follows)
9
People v. Hubilo, G.R. No. 101741, 23 March 1993.

Motion To Admit - Joint Counter Affidavit Ocp

Uploaded by

Copyright:

Available Formats

Motion To Admit - Joint Counter Affidavit Ocp

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Motion To Admit - Joint Counter Affidavit Ocp

Uploaded by

Copyright:

Available Formats

Republic of the Philippines

MOTION TO ADMIT ATTACHED

Respondents __________________________ (hereinafter collectively

1. At the outset, we respectfully emphasize that the instant case

“SEC. 2. Purpose of preliminary investigation. - A

a) to secure the innocent against hasty, malicious and

SEC. 3. Nature of preliminary investigation. - The

“A preliminary investigation is in effect a realistic

3. As applied herein, Respondents submit that their statements in

4. The purpose of a preliminary investigation as realistic judicial

Indeed, since a preliminary investigation is designed to

It should be realized however, that when a man is haled

5. Herein, a “realistic judicial appraisal of the merits (or lack

6. In view of the existence of these defenses as will discussed in

“A preliminary investigation is the crucial sieve in the

7. With the pronouncements by the Supreme Court, Respondents

8. Finally, Respondents respectfully submit that it would be in the

9. In view of the foregoing valid and justifiable reasons,

ADD IN PRAYER, SIGNATORIES, EXPLANATION ETC.

You might also like