Motion for reconsideration- resolution for RA 9262

I received a copy of the motion for reconsideration from my husband's lawyer stating all the lies my husband had, like he said that I am fully aware where he is currently residing, and that we have constant communication. They were asking to recall the resolution because according to him he did not received a subpoena and that they were asking for a preliminary investigation.

I went to the prosecutor's office and was informed that they too received the same and they will be the one to reply. It's been weeks now but I still have no idea whether it was accepted or denied.

I have learned from a friend working at the RTC branch who handles my husband's case that they already have a warrant of arrest ready for signature of the Judge only that the judge is on sick leave until October 2015.. I am wondering what will happen after this... can anybody here enlighten me on the legal proceedings regarding this matter?

thanks ahead God bless every one:)

Hi,


If their motion for reconsideration is granted, it will only mean that the prosecutor will allow him to file his counter-affidavit and other supporting affidavit/documents. If the Prosecutor still finds that he may have done what you accused him of in your Complaint-Affidavit, a case will still be filed in court and unless he posts bail, he will be arrested.


Regards,
Atty. Katrina

Katrina288 wrote:Hi,


If their motion for reconsideration is granted, it will only mean that the prosecutor will allow him to file his counter-affidavit and other supporting affidavit/documents. If the Prosecutor still finds that he may have done what you accused him of in your Complaint-Affidavit, a case will still be filed in court and unless he posts bail, he will be arrested.


Regards,
Atty. Katrina

Hello Atty. Katrina,

Thank you for your response. Just last friday, i received a copy of the resolution for the motion for reconsideration from the prosecutor. It was stated something like, " there was no probable cause for them to disturb the findings they had for resolving the complaint I filed and the defenses made by the respondent are evidentiary in nature that are best be left for court to determined".. this was approved by the city prosecutor, which I supposed the prosecutor's office denied my husband's motion. am I right?


thanks again and God bless

Yes, that means tuloy ang kaso mo.

Katrina288 wrote:Yes, that means tuloy ang kaso mo.

thank heavens!! praise the Lord!


BTW, can he possibly file a motion again?


God bless everyone...