Republic of the Philippines

Second Judicial Region

MUNICIPAL CIRCUIT TRIAL COURT SOLANA-ENRILE
Solana, Cagayan

People of the Philippines,

CRIMINAL CASE NO. 7687

versus for:

REX SOLIVEN, ET.AL,

Accused. ADULTERY

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MOTION FOR RECONSIDERATION

(of the Order dated 23 October 2017)

UNTO THIS HONORABLE COURT, ACCUSED, through the Public

Attorney’s Office and by the undersigned counsel most respectfully moves for the
reconsideration of the Order of this Honourable Court dated 23 October 2017 and
in support thereto, most respectfully avers that:
1. Accused, in an Order of this Honourable Court dated 15 June 2016, was
granted Probation;

2. Consequently, the following month and thereafter, he reported to the Chief

Probation and Parole Officer and to his Probation Supervising Officer and
regularly participated in the activities required of him to attend;
3. Starting October 2016 however, accused was not able to report to his
Supervising Officer, hence, the Violation report containing the conditions of
his probation which were violated:

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 “2. He shall thereafter report to his Supervising Probation and
Parole Officer once a month, unless otherwise modified by the
Chief Probation and Parole Officer, or the Court as the Case
maybe;

3. He shall reside at Parug-Parug, Solana, Cagayan and shall

not change his residence without prior approval of the Chief
Probation and Parole Officer, or the Court as the case maybe;

12. He shall cooperate with his program of supervision, and

shall satisfy any further condition related to this rehabilitation
and not unduly restrictive of his liberty or incompatible with
his freedom of conscience.”

4. The Honourable Court then issued an Order dated 23 October 2017 ordering
the accused to serve the penalty of imprisonment imposed for the offense
charged contained in the Order of this Court dated 28 March 2016, thus this
Motion for Reconsideration;

5. Accused humbly admits he was remised of his duty under his probation
program, i.e. the duty to report regularly, but he would want to emphasize
that he did not intend to willfully violate the conditions of the said probation
program;

6. Last October 2016, a relative from Isabela employed the services of the
accused as a farm helper. Prompted by his desire to earn a living so that he
can also provide for his family, accused readily acceded to the offer. Thus
from October 2016 to October 2017, accused stayed and worked in Isabela;

7. Also, as conditions of his probation program, accused should meet his

family responsibilities and should devote himself to a specific employment;

8. Accused is not gainfully employed. He is a mere farm helper who does not
own a farm to till but who merely offers his services to farmers or landlords.
Employment of this kind is intermittent so that when opportunity comes,
the same must be seized immediately. Accused recognizes that he has a duty
to report regularly to his Supervising Probation Officer but his duty to feed

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 his family weighs heavier as this is not just one of his duties under the
probation program but more importantly, a moral obligation which, at all
costs, he needs to fulfill;

PRAYER

Wherefore, premises considered, the indulgence of this Honourable Court

is most respectfully sought to reconsider its Order dated 23 October 2017 and to
allow the accused to continue with his probation program.

Other reliefs just and equitable are likewise prayed for.

Respectfully submitted.

Tuguegarao City, Cagayan. 15 November 2017.

PUBLIC ATTORNEY’S OFFICE

Counsel for the Plaintiff
Hall of Justice, Carig, Tuguegarao City

By:

TSHAINE TAGUINOD-MAGGAY
Public Attorney I
Roll No. 66441

Copy furnished:

HON. ALONA AGLAY-LUYUN

Prosecutor
Hall of Justice, Carig, Tuguegarao City

MARIA EMELIE C. CALAGUI

Chief Probation and Parole Officer
Tuguegarao City Parole and Probation Administration
Carig, Tuguegarao City