REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

10TH JUDICIAL REGION
Branch 17
Cagayan de Oro City

PEOPLE OF THE PHILIPPINES, Criminal Case No. 2010-128

Plaintiff,

--versus-- For: ROBBERY

REX OMANDAM & ROBERTO SALAN,

Accused.
X-----------------------------------------------X

MOTION FOR EARLY RESOLUTION

ACCUSED, ROBERTO SALAN, by counsel and unto this Honorable Court,

most respectfully states that:

1. Pursuant to the Reinvestigation requested by accused, Roberto Salan, the

Honorable Court ordered for a reinvestigation of the case, the findings to be
submitted within 15 days from receipt of the Order1.

2. On October 15, 2010, counsel for the Accused, Roberto Salan, received a
copy of the October 4, 2010 Reinvestigation Resolution Conducted by Asst.
City Prosecutor Sandra Nieves. B. Saarenas-Fernandez and confirmed by
First Asst. Prosecutor Longino G. Tagarda and City Prosecutor Fidel A.
Macauyag.

3. The dispositive portion of the Resolution is herein quoted as follows:

“WHEREFORE, Premises Considered, the
investigating prosecutor finds the evidence on record,
INSUFFICIENT TO ESTABLISH probable cause that respondent
1
Court Order dated August 11, 2010 issued by the Hon. Presiding Judge Florencia D. Sealana-Abbu of Br. 17 of the
Reginal Trial Court of Misamis Oriental.
1
 Salan participated in the crime of robbery and most
respectfully RECOMMENDS THE DISMISSAL of the complaint
against him, and the amendment of the Information before
the Regional Trial Court, Branch 17, to expunge his name and
the theory of conspiracy. This Resolution supersedes the
findings of the investigating prosecutor as regards respondent
Salan only.

SO RESOLVED.” [Emphasis Supplied]

4. With this Resolution, the accused respectfully requests this Honorable

Court to expedite and resolve to dismiss the case at bar considering that the
accused is the breadwinner of his family and has remained unemployed for
months now owing to the baseless case for Robbery filed against him.

WHEREFORE, premises considered and unless this Honorable Court

holds other reasons to pursue the case against the accused, it is most
respectfully prayed that the Honorable Court RESOLVE TO DISMISS the
instant criminal case insofar as the accused, Roberto Salan is concerned;
and accordingly, ORDER THE RELEASE of the amount of Fifty Thousand
Pesos (Php. 50,000.00) representing the BAILBOND for his temporary
liberty.

Accused further prays for such other remedies and relief deemed just
and proper in the premises.

Cagayan de Oro City, Philippines, October 18, 2010.

by:

KEN RINEHART V. SUR

Roll of Attorneys No. 53033
IBP OR No. 798530, 01-06-10, CDOC
PTR OR No. 1891155, 1-04-10, CDOC
TIN 253-444-786
MCLE COC No. III-0005018

NOTIFICATION

Oliver John Y. Cue

2
The Office Secretary
City Prosecutor’s Office
Hall of Justice Bldg., Hayes St.
Cagayan de Oro City

The Branch Clerk of Court

Branch 17, RTC
Cagayan de Oro City

Greetings:

Please be informed that the instant motion will be submitted for the
consideration and resolution of the Honorable Court at 8:30 AM of October
21, 2010.

KEN RINEHART V. SUR

Copy furnished:

Oliver John Y. Cue

General Manager
Oro Solid Hardware, Inc.
Osmena St., Cagayan de Oro City

Office of the City Prosecutor

Hall of Justice Bldg., Hayes St.
Cagayan de Oro City