WEEK 2

STORY #1

Three separate complaints were filed against Glecerio Briones Pitulan, Direct assault with
Murder, Direct Assault with Attempted Murder and Direct Assault with Frustrated Murder
respectively.

On April 20, 2003, Quezon City Police Office received an information that there will be a large
transaction involving shabu at Barangay Talipapa, Quezon City on the same day. In response,
several checkpoints have been placed around the area by the CPDO.

PO1 Aldy Beltran Montesero, PO1 Alberto Cirilo Dela Cruz Dionisio and PO1 Benito Jopson De
Vera, all members of the PNP CPDO at Police Station 3, Talipapa Police Station in Quezon City,
on board their patrol car were conducting patrol operations against illegal drugs in lieu of the
information disseminated when they chanced upon a white van without plate number.

The police officers flagged down the white van without plate number, however, instead of
stopping after being flagged down, the driver of the said vehicle sped away prompting the
police officers to give chase.

When cornered, PO1 Monteroso approached the vehicle and prompted all the passengers to
step out of the van, the driver who was then armed with a caliber 38 revolver pull down his
window and shot PO1 Montesoro hitting him on his chest thrice which caused his immediate
death.

The driver of the van who was then later identified as GLECERIO BRIONES PITULAN attempted
to escape but PO1 Dionisio and PO1 De Vera chased him again together with the other
passengers of the van also later identified as Eufemio Pitulan, Sergs Pitulan, Edward Pitulan,
Augusto Torres and Alias Jojo.

Shootout ensued between the white van and the patrol car. Members of the Police Station 4 of
Talipapa Quezon City also responded as back up to the two police officers.

Eufemio Pitulan, Sergs Pitulan, Edward Pitulan and Augusto Torres were found dead inside the
van after the shootout while alias Jojo was able to escape and Glecerio Briones Pitulan was then
arrested.

PO1 Dionisio was able to evade the gunshots while PO1 De Vera sustained gunshot wounds on
the different parts of his body.

All told, Glecerio Briones Pitulan should be held liable for the following crimes:
 1. Direct Assault with Murder as he knows that PO1 Monteroso is a police officer and an
agent of a person in authority who was then engaged in the performance of his official
duties, there was an intent to kill and that he inflicted injuries which caused immediate
death of PO1 Monteroso;
2. Direct Assault with Frustrated Murder as he knows that PO1 De Vera is a police officer
and an agent of a person in authority who was then engaged in the performance of his
official duties, there was an intent to kill and that he inflicted fatal injuries; and
3. Direct Assault with Attempted Murder as he knows that PO1 De Vera is a police officer
and an agent of a person in authority who was then engaged in the performance of his
official duties, there was an intent to kill and an overt act that is by shooting PO1 De
Vera.

Story #2

Glecerio Briones Pitulan denies all the allegations against him transpired on April 20, 2003 as to
the shootout incident which led to the death of his brothers and a police officer named PO1
Aldy Beltran Monteroso.

Pitulan stated that on the day being complained of, is the same day of his birthday. According
to him, he celebrated his birthday at the ancestral house of his mother in Bulacan together with
his brothers Eufemio Pitulan, Sergs Pitulan, Edward Pitulan, Felomino Pitulan, Augusto Torres
(half-brother) and Jojo Dean. Jojo Dean is the owner and the driver of the van they have rented
going to Bulacan. They departed from Bulacan at about 3 oclock in the afternoon to go back
home at Rodriguez, Rizal to continue their celebration.

While traversing Commonwealth Road in Quezon City, he heard gunfires towards their
direction. Upon checking on the rear view mirror of the van where they aboard, he saw 2 men
riding a motorcycle following them, armed with an unknown caliber of firearm pointed to their
vehicle. Glecerio, then instructed Jojo to drive faster. That was the last thing he remembered as
he woke up the following day in the hospital. Pitulan also stated that he doesn’t have a caliber
38 revolver and never in his life used the same.

Story #3

COMPLAINT

I, Manuela Bacotoc, Filipino, of legal age, married and a resident of 6750 Forbes Park, Makati
City after being sworn in accordance with law depose and say that:
 1. Diosa Arrivas is likewise of legal age, Filipino, a resident of Maharlika Village, Taguig City,
where summons and court processes may be served;
2. Diosa Arrivas and I are engaged in buying and selling of jewelries for more than 15 years
and we had several transactions already.
3. Diosa Arrivas has a jewelry stall located at 3rd floor, block 6 Gateway Building, Quezon
City
4. On July 23, 2003 at 7 oclock in the morning, I received a text message from Diosa Arrivas
inviting me to go to her stall at 3 in the afternoon as she has prospect buyers of
jewelries to come over.
5. I responded positively to Arrivas’ invitation and when I arrived at Arrivas’ stall, I was
introduced by her to Virgie Valencia, Letty Espinosa and Daphne Lopez as the prospect
buyers.
6. Virgie Valencia and Letty Espinosa were looking for men’s diamond ring.
7. Arrivas’ doesn’t have a stock of what the clients are looking for so I offered my stocks.
8. Our usual transaction practice is to sign a trust receipt agreement prior the release of
goods.
9. Under the trust receipt agreement, I entrusted the jewelry to Arrivas and she is allowed
to sell the same for cash and the obligation to hand to me the portion of the proceeds
from the sale of the jewelry amounting to 70k on or before July 26, 2003.
10. That after the lapse of the period given, only 20k has been paid by Arrivas’
11. However, despite repeated oral demands, Arrivas have not given the proceeds of the
total sale of the said jewelry nor have returned the unsold jewelry to date.

Story #4

My client, George Aseniero should not be held liable for damages for the fact that he is the
legitimate owner of the black Range Rover involved in the shooting incident.

On November 14, 2003, George Aseniero reported to the Anti-Carnapping Unit of the PNP-EPD
that his black Range Rover was stolen. He then submitted all the necessary documents to the
said office as he really wanted for immediate action. The said requirements includes chattel
mortgage, photos of the said vehicle on the day it was released from the store, Official Receipt
and Certificate of Registration, proof that the said vehicle was registered under his name and it
was acquired through bank financing.

Further, the Anti-Carnapping Unit of the PNP-EPD would not entertain such complaints and
make necessary actions if they knew that there is something legally anomalous on the first
place. They have all means to validate all the documents being submitted to their office.
Another evidence presented by Aseniero is the police report accomplished on November 13,
2003, the day that the vehicle was stolen and a day before he reported the incident to Anti-
Carnapping Unit of the PNP-EPD which are all corroborative to all of his statements with
regards to the ownership of the said vehicle.
At the onset, Aseniero vehemently and categorically deny all the accusations of the
complainant based on the aforementioned discussions.

Story #5

My client, Virgilio Lazaro, head of the Anti-Carnapping Unit of the PNP-EPD (PNP-EPD-ANCAR)
should not be held liable for damages on the act of shooting the motor vehicle allegedly owned by the
petitioner, Noel M. Odrada.

First and foremost, since there was an issue on the ownership of the vehicle involved, it should
be resolved first as it was a pre requisite to determine whether who is the right party to file for
damages.

Moreover,