Motion To Resolve 216h3u

Republic of the Philippines DEPARTMENT OF JUSTICE NATIONAL PROSECUTION SERVICE Office of the Provincial Prosecutor Cebu City MAJESTIC LEGACY HOME DEVELOPMENT CORP., represented by TIFFANY M. TOGONO, Complainant, -versus-

I.S. Docket No. VII-03-INV-15D-0387 MDN No. 15D-0165

GARY MATIDIOS, Respondent.

MOTION TO RESOLVE PRELIMINARY INVESTIGATION The Complainant, through counsel, unto the Office of the Honorable Provincial Prosecutor, respectfully moves to resolve the above-captioned case in view of the following premises, to wit: 1.

On 16 April 2015, the Complainant, as herein represented by its operations supervisor Ms. Tiffany Togono, filed a criminal case before this good office against a certain Gary Matidios, a resident of Brgy. Heminsulan, San Francisco, Cebu for committing any or all of the following crimes: Theft; Tres to Dwelling; and/or Vagrancy, all punishable under the Revised Penal Code.

2.

Based on the amount of time that lapsed, presumably, subpoena and its attachments must have already been served upon the respondent; however, up to this date, the latter has yet to file his counter-affidavit and ing documents. Under the law, this failure or refusal may be construed as a waiver of his right to file an answer to the complaint as the filing thereof is discretionary upon the respondent.

3.

Since judging on the Complaint, the affidavit of witnesses, and the ing evidences, the act or omission constituting the offense is clearly shown to exist. Assuming that the respondent cannot be subpoenaed, under the Manual for Prosecutors, the case may be resolved based on the evidence presented by the complainant.

4.

According to section 28 of the Manual for Prosecutors, the case shall be submitted for resolution when the respondent cannot be subpoenaed or, if subpoenaed, does not submit his counter-affidavit within the reglementary period. In such case, the Honorable Investigating

Prosecutor shall base his resolution on the evidence presented by the complainant. PRAYER WHEREFORE, in light of the foregoing, complainant most respectfully prays of the Honorable Investigating Prosecutor and the Honorable Provincial Prosecutor to grant the foregoing motion and accordingly resolve the case in favor of complainant and thereby file the necessary criminal information in court. Respectfully submitted. 16 October 2015, Cebu City, Philippines. CABRIDO & ASSOCIATES LAW FIRM Counsel for Complainant Rm. 1& 2, G/F Pueblo Aznar Uno Building M. J. Cuenco cor. Gen. Maxilom, Cebu City Tel: (032) 266 9106

CINDY ANTONETTE M. SUNGAHID

Roll no. 60163 IBP lifetime no. 010824 PTR no. 5554103 – Cebu City - 1/15/2015 Compliance Certificate No. V – 0010691 – 09/25/2015

LYNDON Y. ANCAJAS, JR.

Roll No. 60162 IBP Lifetime No. 010823 PTR no. 5554104 – Cebu City - 1/15/2015 MCLE Cert. No. V – 0010692 – 09/25/2015 [email protected] No. 0932-4277562

Copy Furnished thru ed Mail1 GARY MATIDIOS Post Office ________________ Sitio Mangudlong, Brgy. Heminsulan Registry Receipt No. _________ San Francisco, Cebu Date: _____________________

1 Copy of this Motion was served upon the respondent via ed mail due to his remote location.