Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Zamboanga City

IX-06-INQ-18K-01522 FOR: VIOLATION OF

SECTION 5 & 11 ART. II OF
xxx, R.A. 9165
Respondent.
x-------------------------x

MOTION FOR PRELIMINARY INVESTIGATION

Comes now, the respondent xxx, through undersigned

counsel, unto this Honorable Office most respectfully alleges
that:

1. Respondent was arrested by the Ayala Police Station

operatives for the alleged VIOLATION OF SECTION
5 & 11 ART. II OF R.A. 9165;

2. Accordingly, as per advice of the police operatives,

the respondent was denied a waiver of Article 125 of
the RPC and ultimately availing of a preliminary
investigation as availing of the latter procedure is an
affront on the part of the police officers. Thus,
respondent who is less than knowledgeable of the
law and procedure did not avail of preliminary
investigation;

3. Respondent respectfully believes that if he will be

given an opportunity to file his respective counter-
affidavits, supporting affidavits and coupled with
evidence to answer the charges against him, the
resolution would be different;

4. Thus respondent most respectfully prays that a

preliminary investigation for the instant case be
conducted before the Office of the City Prosecutor;

5. This motion is not intended for delay but solely for

the above-mentioned grounds.

WHEREFORE, it is most respectfully prayed of this

Honorable Office that a preliminary investigation be granted
and the respondent be allowed to submit his counter-

1
affidavit, supporting affidavits and coupled with evidence to
answer the charges against him.

Zamboanga City, Philippines, November 23, 2018.

ATTY. xxx
xxx
P.T.R. No. xxx; Z.C.; 01-04-2018
I.B.P. No. xxx; Z.C.; 01-10-2018
Roll of Attorney No. xxx
M.C.L.E. Compliance No. xxx

COPY FURNISHED:

The City Prosecutor

Hall of Justice
Sta. Barbara
Zamboanga City