Republic of the PhilippinesDepartment of JusticeOFFICE OF THE PROVINCIAL PROSECUTORLANAO DEL NORTEHall of Justice, Carbide VillageIligan City

SANAH P. PANDAPATAN Complainant,NPS NO. X-03A-INV-15D-00093 -versus-FOR: DIRECT ASSAULT & ART. 143, RPC

MALIK O. MACABATO, Respondent.X - - - - - - - - - - - - - - - - -/

MOTION FOR RECONSIDERATION

Respondent, thru counsel, unto this Honorable Office, most respectfully states that:

1. In the resolution dated 11 May 2015, the Honorable Office of the Provincial Prosecutor of Lanao del Norte ruled:

WHEREFORE, there being sufficient ground to hold respondent for trial, it is hereby recommended that an Information for Direct Assault against MALIK O. MACABATO be filed at the appropriate court.

2. It is respondents humble position that the Honorable Office committed serious error in rendering the above-cited resolution, and the ground in support of this position shall be discussed in the course of this Motion for Reconsideration;

GROUND FOR RECONSIDERATION

The Honorable Office committed serious error in finding the existence of probable cause against the respondent for committing Direct Assault.

The Honorable Office committed serious error in finding the existence of probable cause against the respondent for committing Direct Assault.

Under Article 148 of the Revised Penal Code of the Philippines, one of the requisites in committing the second form of Direct Assault is that at the time such assault or intimidation or resistance is made, the person in authority or his agent (1) is engaged in the actual performance of his official duty, or (2) at least that the assault or intimidation is done by reason of the past performance of said duty. As such, when a person in authority or his agent who exceeds his power or acts without authority or when the offender and the offended party, who are both persons in authority or their agents, descend to matters which are private in nature, the principle of authority is not violated therefore the attack made by one against the other is not direct assault.

With all due respect, a careful scrutiny and perusal of the assailed resolution shows that the Honorable Office arrived at its conclusion based solely on the corresponding acts shown by the respondent and failed to take into regard the acts shown by the complainant and the surrounding circumstances of such acts.

On the 27th of March 2015, the second SB Special Session was called for the purpose of deliberating and passage of certain resolutions needed by the office of the municipal mayor.

When SANAH P. PANDAPATAN took the floor, instead of airing her views and opinion regarding the purpose of the session which is particularly for the deliberation and passage of certain resolutions, she instead started berating and criticizing the present administration by saying unsubstantiated accusations which are clearly outside the boundaries of her official duties as a member of the Sangguniang Bayan and more importantly beyond the purpose of the SB Special Session.

MALIK O. MACABATO successively failed to advise SANAH P. PANDAPATAN to stop from throwing offensive words and remarks against the present administration. The complainant never heeded the advise of her uncle, instead she screamed at him saying he has nothing to do with her and to mind his own business. That is then the only time the respondent reacted by pressing his hand over the mouth of SANAH P. PANDAPATAN because the latter was already becoming hysterical.

In the case of People vs. Yosoya (CA G.R. No. 8522-R, May 26, 1955), the court substantially stated that while it is true that the incident took place in a session of the municipal council, when the offended party unreasonably provoked the anger of the complainant, the offended party then was not performing his official duty as a counselor when he was assaulted.

Finally, assuming that the mere laying of hands of MALIK O. MACABATO upon SANAH P. PANDAPATAN constitutes a crime, it is important to note that at the time the alleged assault took place, both the complainant and respondent had already descended from being persons in authority to private individuals when the complainant, instead of pacifying herself, she instead engaged in a verbal onslaught with the respondent.

P R A Y E R

WHEREFORE, premises considered, it is most respectfully prayed that the resolution dated 11 May 2015 be reconsidered and the case DISMISSED.

All other reliefs and remedies as are just and equitable in the premises are also prayed for.

Respectfully submitted on the 27th day of May 2015 at Iligan City, Philippines.

THOMAS DEAN M. QUIJANOCounsel for the Accused0018-B, De Leon St., Poblacion, Iligan CityPTR No. 6049685/ 01-15-15/ Iligan CityIBP No. 944390/ 01-13-15/ Iligan CityAttorneys Roll No. 36882 1991MCLE Compliance No. IV-0020571 June 5, 2013