Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
BRANCH 4
PANABO CITY

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 23-2017

-versus- -for-

TOM CRUISE, KIDNAPPING

Accused.
x-----------------------------------------x

MOTION FOR RE-INVESTIGATION

Accused Tom Cruise, by way of motion for re-investigation and in

support thereof, respectfully states:

1. It is of judicial notice that retired SPO3 Rene Zelweger came out in a

press conference at the Senate broadcast live on national television.
In said press conference, Zelweger made a public confession,
revealing his personal knowledge about the Bocaue Death Squad
headed by the then Governor and now Senator Luis Santos, citing
certain criminal incidents most notably the John Reyes murder made
on the orders of the the Governor Santos for a contract price of 3 Million
pesos. Also, Zelweger subsequently testified under oath in the Senate
inquiry conducted by Senate Committee on Public Order and
Dangerous Drugs, where he confirmed his earlier confession and
mentioned other criminal incidents including the subject matter of the
above captioned case.

2. Recently Zelweger has already submitted his statement under oath

before the Ombudsman 3-member Investigating Panel where he was
one of the respondents charged by the herein accused Tom Cruise in
the Complaint-Affidavit filed by him last 29 July 2017.

1
3. In his Senate testimony, Zelweger confirmed that he and his cohorts
who were all policemen were the ones who actually abducted the victim
“Jasi Abar” at the Turtle Island. According to Zelweger, herein accused
Tom Cruise merely provided information about the identity and
whereabouts of the victim, but he and his police cohorts were the ones
who planned and executed the abduction of “Jasi Abar”. He also
confirmed that he and his police cohorts were the ones who demanded
ransom from the wife of “Jasi Abar”, and that it was not accused Tom
Cruise who allegedly demanded ransom, contrary to the findings of the
NBI-Tagdo. Zelweger further confirmed that they just made it appear
that it was accused Tom Cruise who kidnapped “Jasi Abar” when in
truth and in fact, he and his other police cohorts were the ones who did
it. As proof of such a plot, Zelweger testified that he made
arrangements with the Office of the City Prosecutor of Bocaue so that
accused Tom Cruise would be charged for the incident, but it was
eventually dismissed as part of the cover-up.

4. Based on the testimony of Zelweger, it would even appear that

accused Tom Cruise had nothing to do with the abduction of “Jasi
Abar” and he was just instead a victim of the criminal intention of
Zelweger and his cohorts in Bocaue Death Squad. This is supported
even by the statement under oath of accused Tom Cruise who stated
that he was just made to appear that a kidnapping was to be made by
him, when in truth and in fact, it was the criminal intention of Zelweger
and his police cohorts in the BOcaue Death Squad, using him only as
a means to zero in on “Jasi Abar”. Accordingly, to accused Tom Cruise,
Zelweger made him believe that “Jasi Abar” was an international
terrorist whom they were in pursuit. At any rate, in the event the
Ombudsman finds a conspiracy between accused Tom Cruise and
Zelweger and their other police cohorts, the eligibility of accused Tom
Cruise as a state witness will also have to be determined, considering
that in such kind of conspiracy, the private individual is not the most
guilty.

5. The supervening statement of Zelweger reveals the need for re-

investigation of the criminal incident as a matter of right of the accused
Tom Cruise. It is fundamental in criminal procedure that a person
charged of a crime that is subject to preliminary investigation has the
statutory right to a preliminary investigation as part of his constitutional
right to due process. Considering that Zelweger has already submitted
his sworn statement to the investigating panel, accused Tom Cruise is
entitled to respond to said statement in order for him to present his side
on the matter. For this purpose, accused Tom Cruise is entitled to

2
 further preliminary investigation as a matter of right in the interest of
due process and substantive justice.

6. As previously stated by Tom Cruise, the Ombudsman has already

acquired and exercised its jurisdiction over his Complaint-Affidavit filed
last 29 July 2017. More particularly, the Ombudsman has already
acquired jurisdiction over the person of Zelweger and other persons
charged by said accused. In other words, the Ombudsman is presently
conducting an investigation against Zelweger in the Complain-Affidavit
filed by accused Tom Cruise. In this legal situation, accused Tom
Cruise has all the right to respond to whatever statement Zelweger has
submitted to the Ombudsman in order to protect his interest.

7. Not only that, Senator William Torres has already announced in the
media that six or seven more witnesses will be coming out in order to
further corroborate the previous testimonies of accused Tom Cruise
and Zelweger. According to Senator Torres, these witnesses are either
policemen in the Bocaue Death Squad or private persons who are at
the same level as or much lower in stature than accused Tom Cruise.
Should it turn out that these witnesses are part of those charged by
accused Tom Cruise before the Ombudsman, then they will have to
submit their statements with the Ombudsman, and as a matter of due
process, accused Tom Cruise will have to respond to their statements,
more particularly in relation to the criminal incident at bar, consonance
with his mandatory right to preliminary investigation.

8. Thus, in the interest of due process and in light of the mandatory right
of that accused Tom Cruise to preliminary investigation, this Honorable
Court should, with more reason, order this case to be referred for
reinvestigation to the Office of the Ombudsman, Quezon City, which
undisputedly has already acquired and assumed jurisdiction over
accused Tom Cruise as a complainant and over the persons of
Zelweger and all other persons charged as respondents by said
accused.

PRAYER

WHEREFORE, it is respectfully prayed that, the Court will DISMISS

the instant criminal case, on the ground that the legal controversy in question
involves public officers over whom it is the Ombudsman, by virtue of the

3
Complaint-Affidavit filed before it, that has jurisdiction to conduct a
preliminary investigation, pursuant to par. (1), Sec. 13, 1987 Constitution and
par. (1), Sec. 15. Republic Act No. 6770, and that as a result City Prosecutor
Jose Zulueta is bereft of jurisdiction to conduct a preliminary investigation
and to file the instant information.

Other reliefs just and equitable under the premises are likewise prayed
for.

March 21, 2017, Panabo City, Davao del Norte.

ATTY. GIGI R. TICAR

Counsel for the Accused
Roll No. 60567
IBP No. 1020042-01/30/2017
PTR No. 8269877-01/28/2017
MCLE 230485-06/04/2018

4
 NOTICE OF AND REQUEST FOR HEARING

THE CLERK OF COURT

REGIONAL TRIAL COURT
Branch 4
Panabo City, Davao del Norte

Jose Zulueta
City Prosecutor
Office of the City Prosecutor
IGACOS

Greetings:

Please submit and be advised of the submission of the foregoing

Motion for Re-investigation to the Honorable Court for its consideration on
30 March 2017 at 8:30 a.m.

GIGI C. RUIZ-TICAR