Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
11th Patin-ay, Prosperidad, Agusan del Sur

PUSPPANATHAN RENUGOPAL,
Complainant,
-versus-
NPS DOC. NO. XIII-03-INV-17B-047
MERILYN ESTOSE DURANO,
Respondent.
x---------------------------------------/

Manifestation with Motion to Dismiss

COMES NOW respondent, by undersigned counsel, unto this
Honorable Office most respectfully avers:

1. That the instant case was filed pursuant to a complaint for

Estafa and Falsification of Public Document against herein respondent
Merilyn Estose Durano and the Investigation Data Form indicated that the
same was received by this Honorable Office last February 13, 2017 at 1:30
in the afternoon (a copy of the same is attached hereto as Annex 1 and
made an integral part hereof);

2. That the Investigation Data Form for a similar case filed before
the Office of the Provincial Prosecutor (OPP) in Bislig City indicated that the
same was ALSO filed last February 13, 2017 (a copy of the same is attached
hereto as Annex 2 and made an integral part hereof) and the same was
based on a complaint for Estafa by Abuse of Confidence under Article
315, Subdivision no. 1, paragraph (b) and Falsification of Public
Document;

3. That in an Order dated February 13, 2017, the OPP-Bislig found

the need to proceed with the investigation of the said case to find out
existence of probable cause of the crime charged against respondent
therein (a copy of the said Order is attached hereto as Annex 3 and made
an integral part hereof);

4. That, however, on March 23, 2017, without having received

any countervailing evidence from the respondent, OPP-Bislig resolved to
recommend the DISMISSAL of the subject case for being civil in nature and
for insufficiency of evidence (a copy of the said Resolution is attached
hereto as Annex 4 and made an integral part hereof);
 5. That the record is replete with statements to the effect that the
moneys and/or properties, if any, were GIVEN by complainant to herein
respondent obviously in consideration of their amorous relationship. Even
the Honorable Provincial Prosecutor in Bislig City recognized this when he
said in his aforementioned Resolution that, any assistance, financial or
otherwise, extended by the complainant to the respondent, if indeed
there was, is borne by complainants generosity as a previous lover of
respondent. It entails matters or affairs of the heart which reason does
not know.

6. That, on the alleged falsification of the second Deed of Sale,

suffice it to say that there was no such falsification enough to sustain a
criminal action. The elements of the crime of falsification of public
document under Art. 171, par. 4 of the Revised Penal Code, are as follows:

(a) The offender makes in a public document untruthful

statements in a narration of facts;
(b) The offender has a legal obligation to disclose the truth
of the facts narrated by him; and
(c) The facts narrated by the offender are absolutely false.
7. That, in the instant case, there was good faith and without any
intention to pervert the truth when respondent indicated in the second
Deed of Sale that she is single. In truth and in fact, at the time of the
execution of the second deed of sale on April 27, 2009, the Circuit Court of
the Seventeenth Judicial Circuit in and for Broward County, Florida, USA,
adjudged that xxx (t)he bonds of marriage between Petitioner, Ramon Pijo
Durano and Respondent, Merilyn Estose, are dissolved and the marriage
between the parties is irretrievably broken. (please see FINAL JUDGMENT
DISSOLVING MARRIAGE, a copy of which is attached hereto as Annex 5
and made an integral part hereof). This judgment was ordered on March
12, 1996 or more than thirteen (13) years prior to the subject sale;

8. That, finally, the exclusion the name and the signature of the
private complainant in the Second Deed of Sale were explained to him
during the time the parties were before the Notary Public. To be sure, the
reason for the exclusion of the Private Complainant is that, being a
Malaysian national, he cannot legitimately own a parcel of land in the
Philippines as it is constitutionally proscribed.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed that
the instant case be recommended for DISMISSAL for being civil in nature
and for utter lack of probable cause.
 Respondent likewise pray for the grant of other reliefs which are just
and equitable under the circumstances.

Mangagoy, Bislig City, Surigao del Sur, 15 November 2017.

ATTY. GEOFFREY G. CAGAKIT

Counsel for the Respondent
CAGAKIT LAW OFFICE
J. Abarca Street, Mangagoy, 8311 Bislig City, Surigao del Sur
Attorneys Roll No. 47368
MCLE Compliance No. V-0006787 / 04-14-2019
PTR No. 0700361 / 010816 / City of Bislig;
IBP OR No. 811389 / 020816 / Surigao del Sur Chapter
Telephone number (086) 628-2007; Cell phone number (0998)988-9285

EXPLANATION

A copy of the instant Manifestation with Motion to Dismiss was sent

to the counsel for the private complainant due to distance and lack or
messengerial personnel to effect personal service.

Geoffrey G. Cagakit

Copy furnished:

Atty. Agustin C. Tarroza

Counsel for Complainant
2nd Floor, Acerado Building,
J.C. Aquino Avenue, Butuan City
Republic of the Philippines )
Province of Surigao del Sur) SS.
City of Bislig )

AFFIDAVIT OF SERVICE
I, SHEILA MAE R. DELA TORRE-TUNGAL, Filipino, of legal age, married
and with address at Purok 1, Bongaitan District, Mangagoy, Bislig City,
Surigao del Sur, after having been sworn to in accordance with law, do
hereby depose and state:

That I am one of the legal assistants of Atty. Geoffrey G. Cagakit;

That on the 8th day of November, 2017, I have served through

registered mail a copy of the foregoing Manifestation with Motion to
Dismiss to the counsel for the private complainant pursuant to the 1997
Rules of Civil Procedure, thus:

Atty. Agustin C. Tarroza

Counsel for Complainant
2nd Floor, Acerado Building,
J.C. Aquino Avenue, Butuan City

Affiant further sayeth none.

IN WITNESS WHEREOF, I have hereunto set my hand this 15 th day of

November, 2017 at Mangagoy, Bislig City, Surigao del Sur, Philippines.

Sheila Mae R. Dela Torre-Tungal

Affiant

SUBSCRIBED AND SWORN to before me, a Notary Public for and in

the City of Bislig, this 15th day of November, 2017, affiant is personally known to
me.

Doc. No. ;
Page No. ;
Book No. ;
Series of 2017.