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    Comment and Opposition To The Complainant'S Motion For Reconsideration

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    camilledungog
    1. The respondent opposes the complainant's motion for reconsideration of the dismissal of charges of economic, psychological, and emotional abuse against the respondent. 2. The respondent argues that this is the third case filed by the complainant with substantially the same allegations that were previously dismissed for lack of probable cause. 3. The respondent also claims that he has continued providing financial support to the complainant through money transfers, despite her abandoning the marital home over 20 years ago without just cause.

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    Comment and Opposition To The Complainant'S Motion For Reconsideration

    Uploaded by

    camilledungog
    168 views4 pages
    1. The respondent opposes the complainant's motion for reconsideration of the dismissal of charges of economic, psychological, and emotional abuse against the respondent. 2. The respondent argues that this is the third case filed by the complainant with substantially the same allegations that were previously dismissed for lack of probable cause. 3. The respondent also claims that he has continued providing financial support to the complainant through money transfers, despite her abandoning the marital home over 20 years ago without just cause.

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    COMMENT VAWC

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    1. The respondent opposes the complainant's motion for reconsideration of the dismissal of charges of economic, psychological, and emotional abuse against the respondent. 2. The respondent argues that this is the third case filed by the complainant with substantially the same allegations that were previously dismissed for lack of probable cause. 3. The respondent also claims that he has continued providing financial support to the complainant through money transfers, despite her abandoning the marital home over 20 years ago without just cause.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    168 views4 pages

    Comment and Opposition To The Complainant'S Motion For Reconsideration

    Uploaded by

    camilledungog
    1. The respondent opposes the complainant's motion for reconsideration of the dismissal of charges of economic, psychological, and emotional abuse against the respondent. 2. The respondent argues that this is the third case filed by the complainant with substantially the same allegations that were previously dismissed for lack of probable cause. 3. The respondent also claims that he has continued providing financial support to the complainant through money transfers, despite her abandoning the marital home over 20 years ago without just cause.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    Republic of the Philippines

    Department of Justice
    Office of the City Prosecutor
    Lapu-Lapu City

    FELIZ T. ORDOÑA,
    Complainant;

    -versus-
    NPS Docket No. VII-12INV-19A-
    00023
    For: Economic Abuse, Emotional
    Abuse and Psychological Abuse
    under RA 9262

    ATTY. REY PONCE


    Respondent;
    X------------------------/

    COMMENT AND OPPOSITION TO THE


    COMPLAINANT’S MOTION FOR
    RECONSIDERATION

    COMES NOW, Respondent, through the undersigned counsel


    and to the this Honorable Office, most respectfully submits this
    Comment/Opposition to the Complainant’s Motion for
    Reconsideration dated July 5, 2019 and states that:

    1. On July 8, 2019, Respondent thru counsel received a copy of


    Complainant’s Motion for Reconsideration seeking to reverse the
    Resolution, dated March 21, 2019, by the City Prosecutor of Lapu-
    lapu City dismissing of the Complaint filed against Respondent for the
    crimes of Economic, Psychological and Emotional Abuse under RA
    9262;

    2. The Respondent corresponds with the findings of the City


    Prosecutor’s Office and respectfully opposes to the motion submitted
    by the Complainant, which anchored on the premise that the acts
    constitutive of the allegations by the Respondent are continuing and
    repetitive in nature. It is respectfully submitted that the present case
    is already the third attempt made by the Complainant to file the same
    action against the Respondent. In fact, the City Prosecutor in its
    Resolution has already taken this into consideration by pointing out
    that the two previously resolved cases filed before the same office by
    the Complainant have substantially the same allegations supporting
    the charges against the Respondent in this present case. IS No. 06-
    0084 and IS No. 07-0397, both filed by the Complainant against the
    Respondent, were dismissed by the same office due to lack of
    probable cause. Moreover, the Complainant herself voluntarily
    executed an Affidavit of Desistance in IS No. 06-0084 declaring that
    the Respondent did not commit any of the crimes alleged but rather
    the case was only submitted only as a means to obtain an assurance
    of a regular monthly remittance from the Respondent;

    3. The Affidavit of Desistance executed by the Complainant in the IS


    No. 06-0084 can still be made as basis for the dismissal of this
    present case because as the Resolution states, the present criminal
    action is still hinged on the same allegations with the previous two
    cases filed. However, granting arguendo that the said Affidavit cannot
    be made applicable due to the contention that the same cannot be
    made applicable to future support, the Respondent cannot still be
    held liable for the reason that support cannot be granted to the
    spouse who leaves the conjugal home or refuses to live therein,
    without just cause1. It cannot be further stressed that this has already
    been well explained by the Office of the Prosecutor in its Resolution 2
    in the first case filed by the Complainant, the same Resolution being
    adopted by the Resolution pertaining to this present case. The
    Complainant still fails to prove that she was driven out of the conjugal
    dwelling and that her leaving was not voluntary and made
    1
    Art. 127, Family Code of the Philippines
    2
    Resolution, IS No. 06-0084, March 8, 2006.
    deliberately. Also, she still fails to prove that, if indeed she was forced
    out of the conjugal home, she exerted earnest efforts to locate and go
    back to the same, as what a devoted wife should have done. Hence,
    given by the arguments offered on the specific issue, the contention
    of the Complainant should fail;

    4. The Respondent did not entirely end giving financial support to the
    Complainant as it was proven that he has sufficiently established that
    he has been sending her money through money transfers as evinced
    by numerous receipts, all considered in cases IS No. 06-0084 and IS
    No. 07-0397, despite being abandoned by the Complainant for more
    than 20 years. Moreover, Complainant cannot demand for more than
    what the Respondent can give as support is not fixed and depends
    heavily on the means of the giver and the needs of the recipient. The
    Respondent has his own medical expenses to shoulder and this
    should not be made prejudice by this mere obligation to provide
    spousal support to a wife who left and deserted him for more than 20
    years;

    5. Respondent is very distraught by this continuous filing of several


    unnecessary and unfounded suits against him by his wife that has
    immensely affected his reputation and self-esteem among his peers.
    It is of his pronounced opinion that all this should stop now and they
    both should move on, leave everything behind them and live
    peacefully as both of them are not getting any younger. These
    tiresome suits are not helping in any way in the betterment of their
    health.

    WHEREFORE, all premises considered, Respondent implore


    and pray to this Honorable Office to junk and set aside the Motion for
    Reconsideration filed by the Complainant.

    Respectfully submitted.

    Lapu-Lapu City, Philippines, July 15, 2019.

    R G R LAW FIRM
    Counsels for the Petitioner
    Pusok, Lapu-lapu City

    DAISY GALANO-GARCIANO
    PTR No. 7379356 1.3.19 Lapu-lapu City
    IBP No. 961729
    IBP Roll No. 40513
    TIN 181-102-878
    MCLE Compliance No. VI-0014329
    Tel No. (32) 3405998
    Email ad: [email protected]

    Copy furnished by personal service -

    PUBLIC ATTORNEY’S OFFICE


    Lapu-Lapu City

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