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Republic of the Philippines REGIONAL TRIAL COURT 11 th Judicial Region Branch 9 Davao CityPEOPLE OF THE PHILIPPINES, Plaintiff ,- versus - Crim. Case No. xxxxxxxxxxxxxFor: Homicide xxxxxxxxx, Accused**.** x - - - - - - - - - - - - - - - - - - - - - - - - - - -xMEMORANDUM FOR THE ACCUSEDCOMES NOW, Ac...

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Republic of the Philippines REGIONAL TRIAL COURT 11th Judicial Region Branch 9 Davao City PEOPLE OF THE PHILIPPINES, Plaintiff, - versus -

Crim. Case No. xxxxxxxxxxxxx For: Homicide

xxxxxxxxx, Accused. x - - - - - - - - - - - - - - - - - - - - - - - - - - -x

MEMORANDUM FOR THE ACCUSED COMES NOW, Accused, assisted by the Public Attorney’s Office, through the undersigned counsel unto this Honorable Court, most respectfully submits his Memorandum:

PREFATORY STATEMENT In every criminal conviction, the prosecution is required to prove two things beyond reasonable doubt: first, the fact of the commission of the crime charged, or the presence of all the elements of the offense; and second, the fact that the accused was the perpetrator of the crime1. STATEMENT OF THE CASE The prosecution charges the accused for the crime of Homicide under Article 249 of the Revised Penal Code in an information which reads as follows:

“That on or about April 18, 1993, in the City of Davao, Philippines, and within the jurisdiction of this Honorable Court, the accused, armed with a knife and with intent to kill, willfully, unlawfully and feloniously attacked, assaulted and stabbed one xxxxxxxxxxxxxx. The later sustained serious wounds which cause his instantaneous death. Contrary to law.

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People v. Santos, 388 Phil. 993, 1004 (2000)

1. To prove the guilt of the accused, the prosecution presented xxxxxxxxxxxxx who testified among others that she was at Pikit, North Cotabato at the time of incident and that she was only informed by his uncle on the fact of death of his brother xxxxxxxxxxx (“victim” for brevity), including the fact that it was the accused who allegedly killed the victim 2, additionally, she also testified that her uncle who informed him of the fact of death of the victim was not around when the incident happened as he resides at Dumoy Toril3; 2. Prosecution also presented xxxxxxxxxxxx, their main witness in herein case, who narrated that the accused allegedly handed him a knife after he fired a shot but admitted that when he arrived the victim was already laying down4 and wounded and that he could not anymore remember who was the policeman he handed the knife to5. And finally, witness Apolona stated in the Honorable Court that the knife accused handed unto him has no blood stain6; 3. Finally, the prosecution presented xxxxxxxxxxx, who just like the first witness testified that she was at Pikit North Cotabato and she did not saw the incident that led to the death of his son, she narrated that all her knowledge of the incident was relayed only by his brother and that she has no personal knowledge on the incident7; 4. The prosecution thereafter rested its case, but subsequently presented rebuttal evidence but still the prosecution witness has not established that the accused killed the victim; 5. The only documentary exhibit presented by the prosecution is the death certificate of the victim, evidencing his death through cardio pulmonary arrest and that the accused sustained multiple hacking wounds8; 6. Meanwhile, the accused was presented and his brother in-law xxxxxxxxxxxxx. Accused testified that it was actually the victim who hacked him, the reason he sustained wounds in his arms and that he has no knowledge as to who killed the victim and reason of his death. He also testified that he went to the police station to have the incident recorded and that he went to Dr. Hilay Clinic to have his wounds treated, which was corroborated by his witness xxxxxxxxxxxx;

ISSUE: WHETHER OR NOT THE PROSECUTION HAS PROVEN THE GUILT OF THE ACCUSED BEYOND REASONABLE DOUBT?

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TSN of Jessica Villarubia Ferares, Pages 6 – 9, July 17, 2019 TSN of Jessica Villarubia Ferares, Pages 15, July 17, 2019 4 TSN of Anecito Oracion Apolona, Pages 22-23, July 17, 2019 5 TSN of Anecito Oracion Apolona, Pages 27, July 17, 2019 6 TSN of Anecito Oracion Apolona, Pages 28, July 18, 2019 7 TSN of Cresencia Villarubia, Pages 4-6, August 28, 2019 8 Exhibit “A” for the prosecution 3

ARGUMENTS AND DISCUSSIONS

The prosecution miserably failed to present sufficient evidence in order to prove the elements of the offense charged in the instant case. -------------------------------------------7. To successfully prosecute the crime of homicide, the following elements must be proved beyond reasonable doubt: (1) that a person was killed; (2) that the accused killed that person without any justifying circumstance; (3) that the accused had the intention to kill, which is presumed; and (4) that the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. Moreover, the offender is said to have performed all the acts of execution if the wound inflicted on the victim is mortal and could cause the death of the victim without medical intervention or attendance 9. 8. Notably none of the prosecution witness have testified that they saw the accused hacked the deceased, as all of them were not present when the alleged hacking incident happened, in fact even the main witness of the prosecution Anecito Apolonio was not around when the incident occurred and was only present when the victim was already lying on the ground; 9. In fact, in his testimony, when he arrived accused was just standing and that there were other people in the place of incident Cross Examination of xxxxxxxxxxxxxxx Q: When you arrived at the place, you only saw Romeo Perequit with a knife? A: Yes, sir Q: You do not know what happen prior to the meeting with this Romeo Perequit at the place of the rumble? A: No sir Q: So you did not actually see who hacked the victim Joel Vilarubia? A: NO sir Q: When you arrived at the place Romeo Perequit was just standing? A: Yes sir he was just standing Q: And you testified earlier that you were not the first person who went to that place. Correct? A: Yes sir that is true 10.

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Abella v. People, 719 Phil. 53, 66 (2013) TSN of Anecito Oracion Apolona, Pages 11, July 18, 2019

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10. As stated above, the prosecution witness have not established the fact that it was the accused who hacked the victim, as testimonies of the prosecution witnesses are either hearsay or does not established the fact that the accused killed the victim, the accused was just being impleaded herein as accordingly he was seen with a knife near the incident and that he allegedly destroy the comfort room of the victim on the same day the incident occur; 11. In fact, the prosecution never offered nor presented the police who allegedly investigated the same nor the police incident report that would have shown the incident that occurred the night the victim died; 12. Moreover, as testified by the prosecution witness, being a barangay police at the time of incident, he deemed it proper not to arrest the accused as he did not see the accused responsible for the wounds sustained by the victim and that he was not questioned by the police about the incident and merely affixed his signature in the affidavit already prepared by the police; Cross Examination of xxxxxxxxxxxx Q: You were a barangay police at that time? A: Yes, sir I was Q: You did not arrest Romeo Perequit right? A: No sir Q: Because you did not see xxxxxxxxxxxxx as responsible in the injuries suffered by xxxxxxxxxxxxx correct? A: Correct sir11 x-x-x-x-x-x-x-x Q: During the turn over of the knife at the place of incident, you were not questioned by the policeman? A: No Sir12 x-x-x-x-x-x-x-x Q: But you were not the one who prepared this affidavit. Correct? A: I did not sir. Q: You were not even questioned by the policeman as to the incident. Correct? A: They did not sir. Q: When you arrived at the police station, you just affixed you signature in the affidavit already prepared. Correct? A: Yes sir 13.

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TSN of Anecito Oracion Apolona, Pages 14, July 18, 2019 TSN of Anecito Oracion Apolona, Pages 16, July 18, 2019 13 TSN of Anecito Oracion Apolona, Pages 17-18, July 18, 2019 12...