REPUBLIC OF THE PHILIPPINES

PROVINCE OF ILOCOS NORTE

DEPARTMENT OF JUSTICE (NPS)
OFFICE OF THE PROVINCIAL PROSECUTOR
LAOAG CITY

PNP SAN NICOLAS, ILOCOS NORTE,

Complainant,

- versus - NPS Doc. No. I-04-INV-17E-00188

JHONAR SALES y LABAYOG,

Respondent.
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MOTION FOR RECONSIDERATION AND/OR REINVESTIGATION

COMES NOW the Philippine National Police, San Nicolas MPS, unto this
Honorable Office, respectfully avers that:

1. On July 5, 2017, a Resolution of this Honorable Office was received, the

dispositive portion of which reads:

WHEREFORE, premises considered, the instant complaint is

hereby ordered DISMISSED for insufficiency of evidence.

2. In the Resolution, the honorable investigating prosecutor resolved that there is

no enough evidence to indict the respondent because:
a. There is no evidence at all whether or not the subject caliber 451
was lost by the respondent or was stolen from him;
b. There is no evidence to show that said caliber was sold or pawned
or donated or conveyed in any manner by the respondent to either
Warlito Maruquin or Abdon Laureta or to any other person; and
c. If ever it was sold, transferred or conveyed by the respondent to
any person, we do not know if such person is licensed to own and
possess such firearm.

3. After receipt of such Resolution however, complainant discovered new pieces

of evidence, which it could not, with reasonable diligence, has discovered and
produced during the investigation and if considered by the Honorable Assistant
Prosecutor would alter the outcome of the case.

4. The above-mentioned discovered pieces of evidence consist in the following:

a. Affidavit of Loss by respondent dated March 7, 2017, notarized by
Atty. Jason Bader LL. Perera, as per Doc. No. 325, Page No. 65,
Book No. 214, Series of 2017 of his Notarial Register;
b. Memorandum No. GM1123-9847-130 issued by the Firearms and
Explosives Office, Camp Crame, Quezon City, containing Initial
Firearms Holder Verification Report dated November 23, 2016;
and

1
Caliber 45 Auto Armscor with serial number 9047232.

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Motion for Reconsideration and/or Reinvestigation
 c. Memorandum No. GM0301-854-120 issued by the Firearms and
Explosives Office, Camp Crame, Quezon City, containing Initial
Firearms Holder Verification Report dated March 1, 2017.

5. In his Affidavit of Loss (please see Annex A), his Pistol .45 Armscor with Serial
Number 904232 went missing following his arrest on July 5, 2012.

6. It should be noted, however, that respondent executed his affidavit only on

March 7, 2017, five (5) years after the alleged loss. Thus, the affidavit is
executed only as an afterthought considering this present incident has
happened and the case build up has commenced;

7. The facts remain that: (1) there is loss of the firearm, and (2) there was failure
to report the loss by respondent. Any defense should thus be better ventilated
in court in a full-blown trial.

8. While there is no evidence to show that said caliber was sold or pawned or
donated or conveyed in any manner by the respondent to either Warlito
Maruquin or Abdon Laureta or to any other person, it does not matter anymore
in view of the Affidavit of Loss;

9. Meanwhile, the Memoranda dated November 23, 2016, and March 1, 2017,
hereto attached as Annexes B and C, respectively, are hereby respectfully
submitted to substantiate the fact that Warlito Maruquin is a registered firearm
holder of one (1) Armscor M1911-A1 caliber .45 Pistol with Serial Number
820482 only, from August 4, 2015 to August 4, 2019, while Abdon Laureta is
not a licensed nor registered firearm holder of any kind of caliber, thus Laureta
was never lawfully authorized to possess any firearm.

PRAYER

WHEREFORE premises considered, it is most respectfully prayed unto this

Honorable Office that a reinvestigation of the case be conducted, afterwhich, the
Resolution dated June 27, 2017 be reconsidered finding probable cause against the
respondent.

Other just and equitable reliefs are likewise prayed for.

July 17, 2017, Laoag City.

PHILIPPINE NATIONAL POLICE

Complainant

by:

PO2 GIROME A. RUIZ

Cc: JHONAR L. SALES

Brgy. 1, Laoag City

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Motion for Reconsideration and/or Reinvestigation