Republic of the PhilippinesDEPARTMENT OF JUSTICE

NATIONAL PROSECUTION SERVICEOffice of the Provincial Prosecutor

Cebu City

MAJESTIC LEGACY HOME DEVELOPMENTCORP., 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 RESOLVEPRELIMINARY 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; Trespass 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 supporting 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 supporting 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 FIRMCounsel for Complainant

Rm. 1& 2, G/F Pueblo Aznar Uno BuildingM. J. Cuenco cor. Gen. Maxilom, Cebu City

Tel: (032) 266 9106

CINDY ANTONETTE M. SUNGAHIDRoll no. 60163 IBP lifetime no. 010824

PTR no. 5554103 – Cebu City - 1/15/2015Compliance Certificate No. V – 0010691 – 09/25/2015

LYNDON Y. ANCAJAS, JR.Roll No. 60162 IBP Lifetime No. 010823

PTR no. 5554104 – Cebu City - 1/15/2015MCLE Cert. No. V – 0010692 – 09/25/2015

jdancajas@outlook.comContact No. 0932-4277562

Copy Furnished thru Registered 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 registered mail due to his remote location.