Raymond Comment

Republic of the Philippines
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION OFFICE
Camarines Sur Hall of Justice
City of Naga
-oOo-
OFFICE OF THE PROVINCIAL PROSECUTOR
OF CAMARINES SUR
EDUARDO R. RANADA,
Complainant,
-versus- NPS No. V-10-INV-20G-00846

For: Qualified Trespass to Dwelling and
Other Light Threats
RAYMUNDO L. PARDILLA, JR.

Respondent.
x------------------------------------------------x
MOTION TO EXPUNGE THE ENTRY OF APPEARANCE

WITH MOTION FOR RECONSIDERATION
OF THE COMPLAINANT’S COUNSEL WITH COMMENT
RESPONDENT, unto this Honorable Office of the Provincial Prosecutor

of Camarines Sur, most respectfully avers as follows:
1. The respondent received a copy of the Entry of Appearance with

Motion for Reconsideration of the complainant’s counsel last February 4, 2021.
And that the respondent has fifteen (15) days from receipt of the same or until
February 19, 2021 within which to file this Comment;
2. The counsel of the complainant Atty. Ricardo C. Delos Santos, Jr.

specifically in paragraph no. 12 of the Motion for Reconsideration stated that
“Finally, in as much as the complainant would want to have this Motion for
Reconsideration verified, he is constrained from doing so because he is under confinement
at the Bicol Medical Center having recently tested positive for Covid 19.” This is a clear
admission that the said pleading is not verified which is a requirement in filing a
motion for reconsideration. In the said pleading the counsel did not attached any
proof of confinement of the complainant which will substantiate the allegation
that the complainant tested positive for Covid 19. Therefore the verification
should not be dispensed with;
3. The basic rule is that mere allegation is not evidence and is not
equivalent to proof.1 The mere allegation of the counsel that the complainant was
1
Agdeppa vs. Office of the Ombudsman, G.R. No.146376, April 23, 2014
1
not able to verified the motion for reconsideration for the reason that he was
confined at the Bicol Medical Center should not be entertained by this Honorable
Office;
4. The said pleading which is not verified which is mandated by the

Rules suffers fatal defect and should not be considered and that the same be
treated as a mere scrap of paper;
5. The counsel of the complainant stated in paragraph no. 7 that the

Honorable Prosecutor made a reversible error in finding that there was no
trespass to dwelling for the reason that the respondent was not able to enter the
house of the complainant. Atty. Delos Santos, Jr. insisted that the fenced property
of the complainant is a dwelling place;
6. In the case of Salvador Marzalado, Jr. vs. People of the

Philippines,2 elements of trespass to dwelling were discussed. Applying the
elements in this instant case, the entrance of the undersigned respondent to the
premises of the complainant was not against his will for the reason that the gate
of his premises was open at that time. Therefore, the third element of trespass to
dwelling which is “that such entrance is against the latter’s will” is lacking.
7. It must be noted that dwelling means the place where a person

habitually stays for rest, comfort and peace of mind. It includes basic structure
and the dependence. The open gate of the premises in which the undersigned
respondent entered is not within the meaning of dwelling neither it is not a basic
structure or dependence. The law and jurisprudence are not clear whether the
immediate premises or property of a person in which the counsel of the
complainant is insisting can fall within the meaning of dwelling. The
undersigned respondent cannot be held liable for trespass to dwelling more so
for qualified trespass to dwelling where the entry is without violence or
intimidation;
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Office that:
1. The Entry of Appearance with Motion for Reconsideration be

treated as a mere scrap of paper and be expunged from the
records; and
2. That the Resolution dated November 24, 2020 be considered as

the correct Resolution for the dismissal of this case.
2
G.R. No. 152997, November 10, 2004
2
Other reliefs just and equitable are likewise prayed for.
Pamplona, Camarines Sur, February 19, 2021.

Respondent
PROS. SALVADOR B. REYES III

Prosecutor III
Office of the Provincial Prosecutor of Camarines Sur
ATTY. RICARDO C. DELOS SANTOS, JR.

Counsel for the Complainant
Canaco Bldg., No. 38 General Luna Street
Naga City
Greetings:
Please take notice that the Motion to Expunge the Entry of Appearance with Motion for
Reconsideration of the complainant’s counsel with comment will be submitted to this
Honorable Office of the Provincial Prosecutor of Camarines Sur upon receipt hereof.
COPY FURNISHED:
ATTY. RICARDO C. DELOS SANTOS, JR. Registry Receipt No. ____________________

Canaco Bldg., No. 38 General Luna Street
Naga City Date: __________________________________

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Republic of the Philippines

-versus- NPS No. V-10-INV-20G-00846

RAYMUNDO L. PARDILLA, JR.

MOTION TO EXPUNGE THE ENTRY OF APPEARANCE

RESPONDENT, unto this Honorable Office of the Provincial Prosecutor

1. The respondent received a copy of the Entry of Appearance with

2. The counsel of the complainant Atty. Ricardo C. Delos Santos, Jr.

4. The said pleading which is not verified which is mandated by the

5. The counsel of the complainant stated in paragraph no. 7 that the

6. In the case of Salvador Marzalado, Jr. vs. People of the

7. It must be noted that dwelling means the place where a person

WHEREFORE, premises considered, it is most respectfully prayed of this

1. The Entry of Appearance with Motion for Reconsideration be

2. That the Resolution dated November 24, 2020 be considered as

Pamplona, Camarines Sur, February 19, 2021.

RAYMUNDO L. PARDILLA, JR.

PROS. SALVADOR B. REYES III

ATTY. RICARDO C. DELOS SANTOS, JR.

RAYMUNDO L. PARDILLA, JR.

ATTY. RICARDO C. DELOS SANTOS, JR. Registry Receipt No. ____________________

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