Represented by Reynaldo Villordon Jr., NBI-7 said in a motion for reconsideration that there is "probable cause to indict Cuyos because he is a principal by indispensable cooperation considering that he was the driver of the motorcycle used in the commission of the crime."
The Cebu City Prosecutor's Office dropped Cuyos from the case after it failed to find evidence linking him to the extortion.
Cuyos and PO1 Leo Batigalao allegedly extorted P95,000 from Francisco and Dahlia Nabua of last May. Initial investigation revealed that Batigalao arrested Francisco last May 14 for allegedly possession of illegal drugs, but no case was filed following an alleged P95,000 settlement.
The couple said they gave the money, but Batigalao and Cuyos allegedly asked for P100,000 more, this time to spare Dahlia from a similar complaint.
The couple negotiated with the policemen who later agreed to P30,000.
During the entrapment operation headed by the NBI the two policemen were caught in possession of the P10,000 marked money used to entrap them near a gasoline station on B. Rodriguez St.
The Nabuas were also among the complainants of this case.
One of the reasons Cuyos' was cleared from the case was because he was being found negative of the fluorescent powder placed on the marked money, which Villordon said was of no importance.
The motion further stated that Cuyos' allegation that he merely allowed Batigalao to ride on his motorcycle and his denial of having any knowledge of the latter's intention to extort money "was purely evidentiary matter that should be ventilated in court."
The complainants asked the court to reconsider its decision and to file corresponding information in court against Cuyos on the grounds that probable cause was duly established.