REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

National Capital Judicial Region
Quezon City Branch 75
PEOPLE OF THE PHILIPPINES
Criminal Case No: 071907
For:
THEFT

-versusHARRY POTTER,
Accused.
X----------------------X

MOTION FOR REINVESTIGATION

ACCUSED, through the undersigned counsel, to this Honorable Court, most
respectfully state:
1. That this case was filed by the Honorable Asst. State City Prosecutor without
the benefit of the accused answering the charges against him;
2. That while the resolution of the Honorable Asst. City Prosecutor states that
the accused was unable to submit his countervailing evidence despite
numerous efforts of the Office to inform him of the complaint filed against him
and the scheduled preliminary investigation, nevertheless, the accused was
not really informed that there was a case filed against him without his fault. In
fact, the information was filed on July 19, 2014, and that the accused was
arrested only this February 7, 2015 when the accused went to the police
station to testify in a stabbing incident, however, when found out by the
policemen the name of the accused, that there was a standing warrant
against him, the policemen instantly arrested the accused.
3. That this motion is anchored on the fact, that accused in this case has a valid
defense ranged against the sole affidavit of the complainant without any
corresponding evidence as to the ownership of the said grinder subject of this
case except the positive assertion of the private complainant;
4. A person cannot be held liable for theft on the property belonging to them. It is
the private complainant who swindled the grandfather (owner of the grinder)
of the accused when the private complainant failed to pay the agreed rental
payment of P 300.00 per day. The private complainant merely paid P200.00
for two-day use of the grinder, which is why they took back the property they
owned as the agreement is in a per day basis, the owner is entitled to the
possession of the property every next day unless the renter extends the
same, or unless the renter pays the agreed amount. It is the private
complainant who is obligated to pay the balance of P 400.00 which the private
complainant unlawfully refused to pay.
5. The amount of the grinder as reflected in the receipt is only P 2,800.00
contrary to the allegation of the false pretender-owner private complainant
which is P 6,000.00. The receipt speaks for itself that herein private
complainants credibility is already in doubt.

6. Attached herein are the affidavit of the owner Peter Griffin and the receipt of
the grinder paid by Ron Weasly which receipt is in his possession since
February 14, 2014 until today.
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable
Court, that the foregoing motion be favorably granted
Quezon City, Philippines, March 10, 2015
ATTY. HERMIONE GRANGER
counsel for the accused
987 The Burrow Ave., Azkaban, Angeles City
IBP NO. 87123-7/19/12-AC
PTR NO. 669913/21/12-AC
Roll No. 99998
MCLE Exempt
(Admitted to the bar: February 14, 2012)