MR Re Denial of Leave
MR Re Denial of Leave
Court, respectfully file herein motion for reconsideration of the RESOLUTION dated 27
October 27, 2011, copy of which was received on 28 October 2011, on the ground that:
DISCUSSION
Assuming without admitting that there was no such discussion on the elements of
the offense, the accused-movant through counsel during the hearing of the Motion for
Leave of Court, did point out that none of the evidence presented by the Prosecution
pointed out to the fact that the purported signature of Mario Tan on the Deed of
Luis B. Reyes, in his book The Revised Penal Code, Book II, 17th Edition (2008),
p. 232, has discussed that the following requisites must concur, in order to convict a
person of the crime of falsification of a public document penalized under Article 172 of
(1) That the offender is a private individual or a public officer or employee who
took advantage of his official position;
(2) That he committed any of the acts of falsification enumerated in article 171 of
the Revised Penal Code (which in this case involves forging a signature);
single witness testified to say that the signature of Mario Tan was forged. Neither an
ordinary witness who was familiar with Mario’s signature, nor an expert witness who
could have testified that the subject signature was different from a set of accepted
standard signatures.
From this alone, it is clear that the prosecution failed to prove the guilt of accused
Court to RECONSIDER the subject Resolution and GRANT Accused leave to file a
Such other reliefs, just and equitable are likewise prayed for.
By:
GIOVANNI L. LUISTRO
PTR No. 0346120, January 3, 2011. Z.C.
IBP Life Member No. 00320
Roll of Attorneys No. 40025
MCLE Compliance No. III-0002967, 7 April 2009
NOTICE
Greetings!
Please take notice that the undersigned is setting the foregoing motion for
hearing on 18 November 2011, at 2:00 p.m. or soon thereafter as counsel may be
heard for the consideration and approval of the Honorable Court.
Copy furnished