//Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 38
Justice on Wheels
Maitum, Sarangani Province
ooOoo

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 00407-17-JOW

Plaintiff, (NPS Doc. No. XII-07-INV-17G-
00279)

-versus- -for-

JOLITO YATA TANTIN QUALIFIED THEFT

MICHAEL PALMES DOCTOR,

Accused.
X-------------------------------------------------X

MOTION FOR LEAVE OF COURT

TO FILE MOTION FOR REINVESTIGATION

ACCUSED JOLITO YAYA TANTIN and MICHAEL PALMES

DOCTOR, through the Public Attorney’s Office, most respectfully asks for
leave of court so that he can file a motion for reinvestigation, present their
counter affidavits and affidavits of their witnesses before the prosector and in
support thereof states THAT:

1.—Both accused are charged with QUALIFIED THEFT in the instant

case.

2.—Unfortunately, they were deprived of their right to preliminary in-

vestigation as they were not given an opportunity to file counter affidavits
without their fault. Both of the accused did not receive a subpoena that led to
their failure to file an answer to the charges against them.

3.—The pertinent portion of the resolution of the prosecution in the in-

stant cases states that:
`
XXX

“Respondents were issued subpoena to file their coun-

ter-affidavit, however, none is filed in this Office. The com-
plaint will then be resolved based only on the uncontroverted
evidence of the complainant”

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 XXX

4.—The accused cannot be indicted in the instant case considering that

witnesses on the matter could testify in contrary to the allegations of the pri-
vate

that the private complainant in the instant case, Jemar B. Doctor, has no right
to lawfully possess the property for the fact that his alleged title over the prop-
erty proceeds from a sham and unlawful document. Accordingly, he became
a transferee of a parcel of land owned by Beorito Doctor that is covered by
Original Title No. P-22702 LOT No. 309-B-, CSD-11-005417-D by virtue of
a mutual agreement and a special power of attorney appointing him as an ad-
ministrator of the entire subject parcel of land that were executed between him
and Jane Doctor-Tamayo. On the other hand, Jane Doctor-Tamayo alone has
no authority to execute the aforesaid special power of attorney considering
that she is not the sole owner of the aforesaid parcel of land. That she still
have two living siblings named James Doctor and Martin Doctor and mother
named Sebilina Doctor who are her co-heirs in the aforesaid property. Hence,
she alone could not convey the entire property without the consent of her co-
heirs. Jemar Doctor who allegedly became a transferee of the subject land
through an unlawful means, has no right to file this action because he techni-
cally has no right over the subject property.

5.- The accused, Michael P. Doctor and his ancestors are used to harvest
the coconuts from the portion of the aforesaid property for almost sixty (60)
years . It has already been a tradition of the family to harvest a copra from
portion of that land for the reason that the very area where the coconut trees
are planted has been in possession of the Moises Doctor, the grandfather of
herein accused Michael P. Doctor, since 1950’s. Moises Doctor is the brother
of Benito Doctor who happens to be the father of Beorito Doctor. That Benito
Doctor, his brother Moises Doctor and their parents who while they were liv-
ing had a long time oral covenant with respect to the possession of a portion
of the subject land. Said covenant has been passed through generations that is
why the herein accused Michael Doctor harvested the coconut trees. The co-
conut trees that were harvested by Michael P. Doctor and his caretaker and
co-accused Jolito Yata Tantin are located within the premises controlled and
possessed by the late Moises Doctor and his family. In fact, the ancestral
house of Moises O. Doctor was erected on the very portion of land where the
accused harvested the coconut trees and is currently inhabited by Jolito Yata
Tantin who happens to be the caretaker and also an accused in the instant case.
The coconut trees that were harvested by accused were planted by the ances-
tors of the herein accused Michael P. Doctor. That accused Michael P. Doctor
and Jolito Yata Tantin harvested the coconuts in good faith believing that they
have an authority do so based on a long time tradition of the family that is
anchored on the oral covenant of the now deceased siblings Moises Doctor
and Beorito Doctor’s father-Benito Doctor and their parents.

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 5.—It is most respectfully submitted that should leave be granted and
the prosecution consider the counter-affidavits of the accused and their wit-
nesses, the joint resolution would have been different to the effect that accused
JOLITO YAYA TANTIN and MICHAEL PALMES DOCTOR would not
have been indicted in the instant cases. Copies of the counter affidavits of the
accused and the affidavits of their witnesses are all hereto attached as AN-
NEXES “1”, “2”, and “3”.

6.—If leave of court be granted and the prosecution would scrutinize

the affidavits of complainant vis-à-vis the attached affidavits and other docu-
ments of herein accused, the higher interests of justice would surely be served
as innocent persons would be spared the ordeal of a prolonged litigation and
detention.

PRAYER

WHEREFORE, in the interest of compassionate justice, it is most re-

spectfully prayed of this Honorable Court that the instant motion be granted
and the instant case be remanded to the Office of the Provincial Prosecutor in
Sarangani Province for reinvestigation.

It is also prayed that the issuance of a warrant of arrest in the instant

cases be suspended pending reinvestigation.

In the alternative, it is prayed that if the Honourable Court has already

issued a warrant of arrest for both cases, the execution or implementation of
the same be likewise suspended during the pendency of the reinvestigation.

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

RESPECTFULLY SUBMITTED.

22 February 2018
Maasim, Sarangani Province

Public Attorney's Office

Maasim, Sarangani Province District
Municipal Compound
Maasim, Sarangani Province

By:

RYAN MARK G. SANTANDER

Public Attorney I

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 Roll of Attorneys No. 67621/May 25, 2017
IBP OR No. 033024– 2/9/2018 GSC
IBP Lifetime No. 033025- 2/9/2018 GSC
santander_rm2000@yahoo.com
09198049301

And:

ATTY. KRISTIAN JOSEF M. ACEDO

OIC District Public Attorney
Roll No. 61940
IBP OR No. 30916– 1/10/2018 GSC
MCLE No. V-6011373
12wantovic@gmail.com
09985673550

NOTICE
22 February 2018

Atty. Winston Pagador

Clerk of Court
Justice on Wheels
Sarangani Province

Madam,

Please set this motion for hearing on 9 March 2018 at 8 o'clock in the
morning or at a date and time available to the Honorable Court.

Atty. Ryan Mark G. Santander

NOTICE

Hon. Elmer Lastimosa

Provincial Prosecutor
Sarangani Province

Sir,

Please be informed that this motion will be set for hearing on 9 March
2018 at 8 o'clock in the morning or at a date and time available to the
Honorable Court.

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Atty. Ryan Mark G. Santander

CC: Hon. Elmer Lastimosa

Provincial Prosecutor