Denied ang motion for reconsideration na inihain ng aktres na si Sunshine Cruz matapos ibasura ng Quezon City Prosecutor’s Office ang mga kasong inihain niya laban sa estranged husband na si Cesar Montano.
“We are not swayed” ang bahagi ng resolution na pinirmahan ni City Prosecutor Donald Lee.
Umapela si Sunshine matapos ibasura ng Quezon City Prosecutor’s Office noong February 4, 2016 ang kanyang mga kaso dahil sa “lack of probable cause.”
Pinaratangan ng aktres si Cesar na nagparaos diumano sa harap ng kanilang mga anak na babae noong November 2014.
Ang paglabag sa Republic Act 9262 o Anti-Violence Against Women and their Children at Republic Act 7610 o Special Protection of Children Against Abuse, Exploitation and Discrimination Act ang mga kaso na isinampa ni Sunshine laban sa ama ng kanyang mga anak.
NO NEW EVIDENCE. “Lack of merit” ang dahilan na ibinigay ni City Prosecutor Donald Lee sa desisyon nitong ibasura ang motion for reconsideration ni Cruz.
Bahagi ng nakasaad sa resolution: “The resolution dismissing the charges against the respondent (Montano) for lack of probable cause is in order as it was anchored on the evidence presented and in accord with the prevailing law and latest jurisprudence on the matter.
“Apparently, no new evidence has been adduced by the complainant (Cruz) so as to warrant the reversal of the resolution in question as the arguments or issues she raised in her motion are essentially mere re-adoption of those that she had already articulated upon during the preliminary investigation of the case.”
Isa pang dahilan sa pagbasura sa motion of reconsideration na inihain ni Sunshine ay hindi naging witness, “The alleged victims of the respondent, his minor daughters with complainant and who are supposed to be the only ones who have personal knowledge on the subject complaint, were not presented in order to authenticate their alleged letters/complaints and to determine whether they are capable of perceiving the truth and classifying them as 'child witnesses.'”
Dagdag pa sa resolution, “Note that these letter of the children of the parties were not notarized or subscribed by them before any of the prosecutors of this Office or any notary public for that matter, as the case may be.
“It must be emphasized that Sec.3 (a) of Rule 112 of the Revised Rules of Criminal Procedure requires not only that the affidavit be subscribed and sworn to but the administering officer must also certify under oath that he has personally examined the affiant and that he is satisfied that the affiant has voluntarily executed and understood his affidavit.”