Republic of the PhilippinesDEPARTMENT OF JUSTICE CITY PROSECUTION OFFICEOld City Hall BuildingTuguegarao City

People of the Philippines,Criminal Case No. ________For: Perjury-versus-

Jimmy Butler Aganganga et al., Respondents.x---------------------------x

MOTION TO DISMISS

Respondent Jimmy Butler Aganganga, by counsel, respectfully states:

1. Respondent stands charged of the crime of Perjury arising from her alleged act of making untruthful statement under oath when he stated that - he is a Filipino Citizen; he has personal occupation/possession/ cultivation of the land he is applying for; her occupation/possession/ cultivation of the land is open, peaceful, notorious, adverse and exclusive in the concept of an owner; the land applied for is not claimed by any other person or subject of any case/dispute involving ownership; and he meets all the qualifications and none of the disqualifications required by law for her application as per private complaints Affidavit Complaint dated April 15, 2014, a copy of which is attached to the records of the this case.

2. However, respondent was previously charged by the same private complainant, Hector Matipuno , of the same crime arising from the same acts.

3. The previous case was docketed as Case No. II-02-INV-09H-00868 for Perjury filed before the Provincial Prosecutors Office of Cagayan against herein respondent Limbo Maziga and Esperanza Maziga.

4. The basis of the previous case filed by the same private complainant, Swiper Dupax, is an Affidavit-Complaint dated August 25, 2013, a copy of which is hereto attached and made an integral part hereof as Annex A.

5. The present Affidavit Complaint dated April 14, 2014 which is the basis of the instant suit and the previous Affidavit-Complaint dated August 25, 2011 upon which Case No. II-02-INV-09H-00868 was predicated, although involving adjacent lots, pertain to the same acts of the respondent in making untruthful statements in her Public Land Application as well as in her Affidavit in support of the said application.

6. The previous case for Perjury filed by the herein private complainant, Hector Matipuno , against the herein respondent was dismissed for lack of merit pursuant to a Review Resolution of Reviewing Prosecutor Frederick Aquino dated July 28, 2011, a copy of which is hereto attached and made an integral part hereof as Annex B.

7. Private complainants Motion for Reconsideration of the said Review Resolution was denied prompting him to elevate the said case before the Department of Justice by way of a Petition for Review, a copy of which is hereto attached and made an integral part hereof as Annex C.

8. The Petition for Review was filed before the DOJ by the private complainant on March 2, 2012 as per Affidavit of Service attached to the said Petition.

9. While the previous perjury case relates to Lot 6612 and the present case involves Lot 6611, the Public Land Application as well as the Affidavit in support of the application are practically the same in all respect as they are pro forma application forms and affidavits of the DENR.

10. As such, the Provincial Prosecutors ruling of lack of probable cause in the previous case equally applies in the instant suit since the documents where the alleged perjurious statements were made, are the same.

11. For this reason, the present case should likewise be dismissed for being utterly devoid of merit like the prior case filed by the private complainant.

12. Respondent thus adopts her Counter-Affidavit in the previous case, a copy of which is hereto attached and made an integral part hereof as Annex D as her own Counter-Affidavit in the present case without prejudice to the filing of a Supplemental Counter Affidavit if there be any necessity for such.

WHEREFORE, respondent ______________, by counsel, respectfully prays that this Honorable Office DISMISS the present case for the reasons above stated.

In the alternative, that this Honorable Office consider respondents previously filed Counter Affidavit in the earlier perjury case filed by the private complainant as her Counter Affidavit in this case along with the other supporting documents attached as Annexes hereto.

Other reliefs just and equitable are likewise prayed for.

Tuguegarao City. ______________

ATTY. _______________________ St., Tug. City, CagayanMCLE Compliance No. _______IBP LIFETIME NO. _____issued on _____________PTR NO. _______ issued on 01-04-13

The Clerk-in-ChargeCity Prosecution Office

Greetings!

Please submit the foregoing motion for the consideration and approval of this Honorable Office immediately upon receipt hereof.

ATTY. ________________________

VERIFICATIONI, ___________, of legal age and a resident of ______________, after having been duly sworn to in accordance with law hereby depose and state that:

1. I am one of the respondents in Criminal Case No. ______ pending before the Municipal Trial Court in Cities, Branch __, Tuguegarao City and which is the subject of the present reinvestigation before the City Prosecution Office of Tuguegarao City

2. I have caused the preparation and filing of the foregoing Motion to Dismiss.

3. I have read the contents thereof and that the same are true based on my own personal knowledge and on documents and records in my possession.

___________________ Affiant

Subscribed and sworn to before me this ____ day of August 2013 at Tuguegarao City, Cagayan affiant has exhibited to me her _______________________ issued by ______________ issued at ______________ bearing her photograph and signature.Doc. No.Page No.Book No.Series of 201_.