Accused Trial Memorandum
Accused Trial Memorandum
Accused Trial Memorandum
for
VIOLATION OF
OF
NO. 1602
(ILLEGAL
GAMBLING)
X -------------------------------------- X
STATEMENT OF FACTS:
In order that this honorable court may be enlightened and
guided in the judicious disposition of the above-entitled case,
cited hereunder the material, relevant and pertinent facts of
the case to wit:
STATEMENT OF ISSUES
ARGUMENTS
ATTY. GARCIA
Q: It is correct to state that when you went there, you did not
bring any search warrant?
A: It is not a house the reason why I was not in a possession
of a search warrant Sir.
Q: And how do you describe the house, Mr. Witness?
A: The house is close, with doors, with walls and windows,
while the other is only a fence, Sir,
Q: But again, you did not bring any search warrant because
it is not a house?
A: Yes Sir.
From the above statements, it can be gleaned that the
information obtained by the Police Officers from an
unidentified source was the existence of gambling in the
HOUSE of Guadalupe. On the contrary, it can be inferred
from the testimonies of the accused that the place where the
mah-jong was played was surrounded with fence, with a door
and windows, and where in fact, the children of Guadalupe
were inside.
An excerpt from the testimony of PO1 Reynaldo:
THE COURT:
Q: And you said you played in the house?
A: Yes, your honor.
Q: Was the door closed?
A: Yes your honor.
Q: Were the windows closed?
A: Actually there was no window, but there was a siwang
for about two palms span, your honor.
An excerpt from the testimony of PO1 Bay:
ATTY. GARCIA
Q: So, this fence of Ka Lupe, I presumed aside from the
fence, the house has a door, is that correct?
A: Not exactly a door but is like a gate, bamboo fence.
Q: So there was a gate?
A: Yes Sir.
Q; Will you agree, Mr. Witness, that you arrested all the
accused inside the house of Ka Lupe Dapula?
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