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Republic of the Philippines DEPARTMENT OF JUSTICE NATIONAL PROSECUTION SERVICE Office of the Secretary Padre Faura St.

, Ermita, Manila

PEOPLE OF THE PHILIPPINES, Plaintiff - appellant Criminal case No. 12345-A For: Qualified Theft. Article 310 of the Revised Penal Code -versus-




COMES NOW, the undersigned petitioner, unto this Honourable Office respectfully avers: 1. That on _________ the undersigned Chief of Police of Las Pinas Police District, Las Pinas City upon complaint of the private offended party filed a case against CHRISTOPHER AGUSTIN AVES of No. 3 Manggahan Compound, talon V, Las Pinas City for QUALIFIED THEFT docketed under IS No. 12345-A before the Office of the City Prosecutor 2. That for the information of the Honourable Secretary this case started, as follows: a. That on the morning of 18 July 2013, I was at the place of my work site.

b. That on the same day at around 10:30 to 11 oclock in the morning, a certain Wally Limjoco along with two of our safety officers visited our job site. c. That such visit is a surprise inspection was among other things is to confiscate our electrical tools. d. We saw them enter our barracks from a distance of 25 to 30 meters from our position; however, we dont have any idea as to what theyre doing exactly inside barracks. e. That after a few minutes, one of our co-workers came to tell us that Mr. Wally Limjoco and the accompanying safety officers found a tool box that contains metal steel. f. Inspite of the apparent incident, Mr. Wally Limjoco didnt say anything to us. g. That during our lunch break, we saw a yellow tool box scattered on the floor, with some steel scrap h. At around 2 to 3 oclock in the afternoon, the safety officer gets the tool box with scrapped metal in the command of Wally Limjoco including some steel and waste materials which were brought to the main office at Tandang Sora, Quezon City. i. On the same day, around 10 oclock in the evening, Andreo Laitan the Field Engineer woke me up and informed us that Wally Limjoco came back accompanied by a policeman. j. Wally Limjoco entered into the barracks with Norvell Madrid and one police officer in civilian attire. He was already shouting with profanity, yet, i still wanted to negotiate to Mr. Limjoco as to what is his problem against me, he said to me putang ina mo ka, puputukan kita, then he grabbed his gun from his waist, cock the barrel then pointed the gun at me. This was witnessed by my co-workers present at that moment. k. They brought me at Bonifacio Global City police station, and then they brought to Pateros District Hospital, for a medicolegal check-up, however, the doctor just made a few and brief questions asking if I am sick or if I am suffering from any ailment whatsoever, then brought me back to the police station, they put me inside the jail cell. l. That on the 19Th day of July 2013, after spending sleepless night inside the jail cell, Norvell Madrid and Andreo Laitan along with the

arresting officers, I was brought to the Hall of Justice for case filing of the crime I didnt know about in the first place. m. That I stayed inside the jail cell for up to the 24th day of july 2013, until my wife came to pick me up saying that they are already releasing me for the complainants are already withdrawing the case charged against me.

3. That on Las Pinas City, October 1, 2013 the undersigned received the Resolution of the Honourable Prosecutor copy of which is attached as Annex A disposing the case as follows: WHEREFORE, IN VIEW OF THE FOREGOING, it is most respectfully recommended that the complaint filed be dismissed for the lack of probable cause. 4. That the undersigned erred in considering the basis of the complaint filed. 5. 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 the accused, furthermore, on the Motion for Reconsideration, the complainant even offered new evidence and witness that will further the case complaint. 6. Attached as integral part of this petition are the following: a) Proof of service of this Petition to the Honourable Prosecutor (Annex B) b) Proof of service of this Petition to the Appellee c) Other Records of the Case WHEREFORE, the undersigned respectfully prays for the setting aside of the appealed resolution of Assistant Prosecutor ARTURO VALLEJO dated October 1, 2013 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. Las Pinas City, October 1, 2013 P/Supt. PEDRO NORTE Chief of Police, Las Pinas Police District

VERIFICATION I, WALLY LIMJOCO, 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.

WALLY LIMJOCO Plaintiff - appellant JURAT SUBSCRIBED AND SWORN TO before me this 12th day of October 2013 in the City of Las Pinas, 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.

EDILBERTO I. PUA Notary Public Until December 31, 2013 PTR NO. 1234567 Issued on January 17, 2013 at Las Pinas City Copy furnished: ARTURO VALLEJO Assistant City Prosecutor ERIK IVANS M. SORIANO Counsel for Respondent Public Attorneys Office City Hall, Las Pias City Roll of Attorney 54321 IBP 54321; 04-17-09; MM PTR 09876; 04-17-09; MM MCLE Compliance