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Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
CABANATUAN CITY

ROSE ANN. A KUMAR


Complainant, NPS No.: III-05-INV.-19-A-0019
For: Estafa
-versus-

MARICEL ROQUERO,
Respondent.

x--------------------------------------------------------------------------------------------x

MOTION FOR RECONSIDERATION

COMES NOW the undersigned complainant unto this Honorable Office and
most respectfully states that:

On September 6, 2019, this complainant personally received from the Office


of the City Prosecutor a copy of the resolution penned by the investigating
prosecutor dated March 28,2019.

Thus, complainant has until September 16, 2019 to submit her Motion for
Reconsideration as provided for by the rules,

In the said resolution, the Honorable Assistant City Prosecutor Melvin R.


Martinez found no probable cause to charge the respondent, Maricel Roquero, for
Estafa because of lack of evidence showing that there was no demand on the
respondent to fulfill her obligation to the complainant and that the Trust Receipts
shown by the Complainant are dubious and thus recommended for the dismissal of
the complaint for want of merit.

The complainant respectfully moves for the reconsideration of the above-


said resolution on the ground that the complainant have produced the required
documents to show the presence of the element of demand and that it was
faithfully submitted to this good office and was included in the annexes of this
complaint. Attached herewith is a copy of the demand letter sent to the respondent.

Moreover, the complainant respectfully submits that the Trust Receipt


Agreement presented is not dubious and that the Trustee voluntarily and willingly
signed the said agreement without the presence of any vitiation or compulsion on
their part. Attached herewith is a copy of the Trust Receipt Agreement between the
parties.
It is the humble submission of the complainant that the Trust Receipt was
fully accomplished when the same was signed by the respondent. The other entries
were computer encoded because at the time of printing the same, the complainant
have yet to known the items that would received by the respondent.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this


Honorable Office that its RESOLUTION dismissing the instant case be
RECONSIDERED and SET ASIDE and a new RESOLUTION be issued
indicting the respondent for the crime of ESTAFA.

Other reliefs which are just and equitable under the premises are likewise
prayed for.

RESPECTFULLY SUBMITTED.

Cabanatuan City, September 11, 2019.

ROSE ANN AZARCON KUMAR


Complainant

Copy Furnished:

MARICEL ROQUERO
Dist. 3 San Pascual, Talavera, Nueva Ecija
Registry Receipt No.:
VERIFICATION

I, ROSE ANN A. KUMAR, of legal age, single, Filipino, with principal


place of address at #182 Golden Shower St. Villa Ofelia Cabanatuan City, Nueva
Ecija after having duly sworn to in accordance with law, hereby depose and state,
that:

1. That, I am the respondent in the above-entitled case and I caused the


preparation of the foregoing Motion for Reconsideration;

2. That, I have read all the allegations contained therein and found them to be
all true and correct to my own personal knowledge and on the basis of
authentic documents;
IN WITNESS WHEREOF, I hereby affix my signature hereto this
_____________________, hereat Cabanatuan City.

ROSE ANN AZARCON KUMAR


Affiant

ID NO.0880757

SUBSCRIBED AND SWORN to before me this ____________________,


hereat Cabanatuan City.

Doc. No. ___


Page No. ___
Book No. ___
Series of 2019

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