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Kuma
Crim. Case No. 1234
Trial Memorandum
Page 1 of 12
-versus-
KUMA,
Accused.
x-------------------------------------
---------x
TRIAL MEMORANDUM
Prefatory Statement
Narration of Events
Sole Issue
Arguments
I. Insufficiency of
evidence to prove
illegal detention
committed by A and
to link him to the
crime charged
3
Records, 3, 139. The Letter-Complaint that initiated the instant case was
dated September 20, 2007 and not September 30, 2007.
4
People v. Leonardo, G.R. No. 133109, May 31, 2000, 332 SCRA 717, 729.
5
Rev. Pen. Code, Art. 268 in relation to Art. 267. LUIS B. REYES, THE REVISED
PENAL CODE CRIMINAL LAW BOOK TWO 585 (17th ed. 2008).
People of the Philippines v. Kuma
Crim. Case No. 1234
Trial Memorandum
Page 4 of 12
[Pros. R]
Q: Mr. Witness, I am just curious, why is that
you can only feel it at that time, what was
your condition at that time?
[The Witness]
A: At that time there is still no floor that
house of ours has no flooring it is only
gravel, so, I can feel it when they dragged
me.
[Pros. R]
Q: My question was, Mr. Witness, what is
your condition because you cannot see or
tell us directly because your answer is that
you can feel it.
[The Witness]
A: I cannot any more see because the gun
that hit me hit my left eye while my other
eye was tear gas.7 (Italics supplied.)
6
Testimony of C, TSN, February 4, 2011, pp. 25-27.
7
Testimony of C, TSN, February 4, 2011, pp. 14, 18-19.
8
Testimony of C, TSN, February 4, 2011, pp. 14, 18-19.
9
Temporary blindness may persist for about 30 minutes, depending on the
type of tear gas used. OMEGA Foundation, Crowd Control Technologies (An
appraisal of technologies for political control), European Parliament,
Directorate General for Research, Directorate A, The STOA Programme (June
2000) xxii. PDF downloadable from
<http://www.europarl.europa.eu/RegData/etudes/etudes/stoa/2000/168394/D
G-4-STOA_ET(2000)168394_EN(PAR02).pdf>. Last accessed: September 15,
2014. Atkinson, James M., Advanced Chemical Weapons, Granite Island
Group, 17, 22, 25, 28. PDF downloadable from <
http://www.tscm.com/advchemw2.pdf>. Last accessed: September 15, 2014.
People of the Philippines v. Kuma
Crim. Case No. 1234
Trial Memorandum
Page 5 of 12
PROS. R:
THE WITNESS:
PROS. R:
THE WITNESS:
10
Complaint-Affidavit of C dated March 4, 2007, Page 12 of the Records
11
Testimony of C, TSN, February 4, 2011, p. 10
People of the Philippines v. Kuma
Crim. Case No. 1234
Trial Memorandum
Page 6 of 12
ATTY. Z:
THE WITNESS:
A: I did not.
THE COURT:
THE WITNESS:
PROS. R:
THE WITNESS:
PROS. R:
THE WITNESS:
15
People v. Tolentino, et al., G.R. No. 139179, April 3, 2002
People of the Philippines v. Kuma
Crim. Case No. 1234
Trial Memorandum
Page 10 of 12
V. Prosecution failed to
overcome presumption of
innocence in favor of A
Reliefs
RESPECTFULLY SUBMITTED.
LAW FIRM
Address
Tel No.: 3456789
By:
LAWYER1
Roll of Attorneys No. 12345
PTR No. 0987654/QC/ [date]
IBP Lifetime No. 23456
Admitted to the bar xxxxx
LAWYER2
Roll of Attorneys No. 23456
PTR No. 9876543/QC/[date]
IBP No. 34567/QC/[date]
MCLE No. XX-xxxxxx; [date]
21
People v. Jorge, 231 SCRA 693, 700 (1994)
People of the Philippines v. Kuma
Crim. Case No. 1234
Trial Memorandum
Page 13 of 12
Copy furnished:
Greetings:
Kindly submit this Trial Memorandum for the kind consideration
of this Honorable Court.
EXPLANATION
The filing and service of this Trial Memorandum is being done by
registered mail due to lack of sufficient personnel to effect personal
filing and service.
LAWYER2
Roronoa Zoro is a minister of the gospel in the In God We Trust, a religious corporation
duly registered with the Securities and Exchange Commission. In God We Trust has a
chapel of mixed materials in UP Campus, Quezon City. It is built almost next to the
narrow two-way street with a niggardly four-foot clearance from its door to the road. On
March 15, 2015, Minister Zoro went to their local congregation in UP Campus to
officiate a worship service. As he arrived at the place with almost no time to spare before
the start of the gathering, he hurriedly parked his 2005 Toyota Corolla Altis on the road
almost in front of the chapel and very near the driveway of Bartholomew Kuma, an
adjoining lot owner.
Upon returning from his weekly grocery ritual in the UP Shopping Center, and while
already having a very strong urge to answer the call of nature, Kuma, to his utmost ire,
arrived in front of his house having a difficult time in parking his Nissan Super Safari in
his driveway because of the already-parked vehicle of Min. Zoro. He thus quickly leapt
from his SUV and went to the comfort room, deciding to deal with his parking problem
later.
Kuma then emerged from his house triumphant on his internal struggle, only to be
reminded that he has not parked his shiny SUV yet. This is not the first time that Min.
Zoro parked on the same spot, making it difficult for Kuma to enter or leave his
driveway. Frustrated, and after determining that he can park his Super Safari scratch-free
only after moving Min. Zoros vehicle, he angrily charged to the chapel of the In God We
Trust, uttering, Ministro Zoro! Akin na ang susi ng sasakyan mo! Napakalaki mong
istorbo! Walang respeto! Walang modo! Akin na ang susi!
Finding the doorknob of the chapel locked, Kuma punched a hole out of the plywood
wall of the chapel and unlocked the doorknob. He threw open the door and demanded
People of the Philippines v. Kuma
Crim. Case No. 1234
Trial Memorandum
Page 14 of 12
that Min. Zoro hand to him the Altis key. Min. Zoro and the members of the In God We
Trust then present were shocked by Kumas actuations. It took a few more seconds before
some members of the congregation subdued Kuma and restrained him from proceeding
further towards Min. Zoro.
The members of the church brought Kuma to the police station and are determined to file
the necessary criminal charges against him. The inquest prosecutor then present, the
intelligent and gorgeous Nico Robin, conducted the investigation and she had three
possible charges against Kuma floating in her big brain.
Bonus: Can you think of any other offense with which Bartholomew Kuma could
be charged? Explain briefly with reasons.