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    Motion For Reconsideration Rovillos

    Uploaded by

    Waren Morales
    1) The complainant filed a motion for reconsideration of the resolution dismissing the complaint for lack of probable cause. 2) The motion alleges that three demand letters were sent to the respondent through registered mail as evidenced by registration receipts. 3) While two letters were returned, the third was received by the respondent's wife, and the complainant argues this should be considered sufficient notice. 4) The motion also cites text message exchanges where the respondent acknowledged the debt and promised payment.

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    Motion For Reconsideration Rovillos

    Uploaded by

    Waren Morales
    291 views3 pages
    1) The complainant filed a motion for reconsideration of the resolution dismissing the complaint for lack of probable cause. 2) The motion alleges that three demand letters were sent to the respondent through registered mail as evidenced by registration receipts. 3) While two letters were returned, the third was received by the respondent's wife, and the complainant argues this should be considered sufficient notice. 4) The motion also cites text message exchanges where the respondent acknowledged the debt and promised payment.

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    1) The complainant filed a motion for reconsideration of the resolution dismissing the complaint for lack of probable cause. 2) The motion alleges that three demand letters were sent to the respondent through registered mail as evidenced by registration receipts. 3) While two letters were returned, the third was received by the respondent's wife, and the complainant argues this should be considered sufficient notice. 4) The motion also cites text message exchanges where the respondent acknowledged the debt and promised payment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    291 views3 pages

    Motion For Reconsideration Rovillos

    Uploaded by

    Waren Morales
    1) The complainant filed a motion for reconsideration of the resolution dismissing the complaint for lack of probable cause. 2) The motion alleges that three demand letters were sent to the respondent through registered mail as evidenced by registration receipts. 3) While two letters were returned, the third was received by the respondent's wife, and the complainant argues this should be considered sufficient notice. 4) The motion also cites text message exchanges where the respondent acknowledged the debt and promised payment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Page |1

    Republic of the Philippines


    Department of Justice
    OFFICE OF THE CITY PROSECUTOR
    Davao city

    MASTER MARLOWE C. ROVILLOS, NPS Docket No. XI-02-INV-17-G-2343


    Complainant,

    -versus FOR: VIOLATION OF BP 22/ESTAFA

    ROGELIO JOAQUIN NICOLAS


    X-------------------------------------------------/

    MOTION FOR RECONSIDERATION

    Comes now, complainant by the undersigned counsel unto this Honorable Office
    most respectfully states:

    1. That complainant received a copy of the Resolution of this Honorable Office


    dated October 13, 2017 on October 25, 2017 dismissing the complaint for lack of
    probable cause;

    2. That the ruling hinges on the findings of lack of evidence to prove that
    respondent personally received the demand letter, that the demand letter was
    sent through registered mail and that there was no affidavit of the person who
    tendered the mail. On these findings complainant moves for reconsideration and
    alleges that:

    2.1 Personal service of a demand letter was not practicable considering that
    respondent was either out of town or refused to receive the same. Thus,
    complainant resorted to registered mail. Three demand letters were sent to
    respondent through registered mail by complainant himself as evidenced by
    Registered Letter Nos. RD 724 648 575 ZZ, RD 747 849 933 ZZ and RD 724
    648 567 ZZ. Attached as ANNEX “A”, “A-1”, and “A-2” are the machine copies
    of the registry receipts dated ______, _______, ________, and as ANNEX "B"
    the Affidavit of Service executed by complainant;

    2.2. While Registered Letter Nos. RD 724 648 575 ZZ and RD 747 849 933 ZZ
    were returned to sender on May 5, 2017 and June 29, 2017 respectively for
    reason "moved". However Registered Letter No. RD 724 648 567 ZZ was
    received by his wife Erlinda S. Nicolas on May 2, 2017 as evidenced by the
    certification issued by the Office of the Post Master - Davao City CPO Post
    dated October 25, 2017 hereto attached as ANNEX “C”;

    2.3 Although it was not respondent himself who received the demand letter but it
    was his wife who received the same and it would be knowledge imputable to
    respondent as experience would tell us that the natural thing to do would be for
    his wife to tell him about it because of the urgency of such matter;

    2.4 To this day, respondent maintained the same address and he did not in fact
    moved which indicates his deliberate intent to frustrate the efforts exerted by
    complainant in order to sufficiently inform him that the checks he issued were
    dishonored and so that he can make arrangements to make good said checks;

    2.4 However, in the series of communications between complainant and


    respondent in the month of August, respondent impliedly admitted his
    Page |2

    indebtedness to complainant and that he also promised to make payments which


    he never did. Copies of their text messages exchanges are hereto attached as
    ANNEX "D" and "D-1";

    2.4. Furthermore, respondent was made aware that the checks he issued were
    dishonored through the service of dishonor made by his banks.

    PRAYER

    WHEREFORE, in the interest of justice, it is most respectfully prayed of this


    Honorable Office to reconsider its Resolution dated October 13, 2017.

    Prays for other relief just and equitable under the premises.

    Digos City, Davao del Sur. October 26, 2017.

    MASTER MARLOWE C. ROVILLOS


    Complainant

    NOTICE

    The Office of the Clerk


    City Prosecutor’s Office
    Digos City

    Dear Sir/Madam:

    Please submit the foregoing Motion For Reconsideration for the kind
    consideration of this Honorable Office.

    MASTER MARLOWE C. ROVILLOS

    Cc:

    ROGELIO JOAQUIN NICOLAS


    Block 1, Lot 22, Mountain View Village
    Bangkal, Talomo (Pob), Davao City
    Page |3

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