REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH 14, LAOAG CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff,
CRIMINAL CASE NO. 069-15
-versus-
For:
VERGEL “Agong” KATAKUTAN
and XANDER “Boy epal” RUIZ, Kidnapping

Accused.
x--------------------------------------------x

MEMORANDUM

COMES NOW, the accused through the undersigned counsel

unto this Honorable Court, most respectfully submits their
Memorandum, to wit:

The Case

This case arose from the information filed by the Deputy

Prosecutor which can be read as:

“That on or about 6th day of February 2015, in the City

of Laoag, Ilocos Norte, Philippines, and within the
jurisdiction of this Honorable Court, the above named
accused conspiring, confederating, and mutually helping
each other did then and there wilfully, unlawfully, and
feloniously deprived BENITO “Macho” BROBAK of his
liberty without his consent for the period of not less than
three (3) days to his damages and prejudice.”

The Pre-Trial Conference and issues

When the above-captioned case was called for Preliminary

Conference, Deputy City Prosecutor Jose Manalo appeared for the
prosecution while Atty. Kho Boombastic appeared for the accused.

Counsel for the Accused marked the following documentary

exhibits, to wit:
EXHIBITS MARKED BY THE DEFENSE:
 Exhibit “1” – The Sungbat nga Mangisupiat ti Darum of VERGEL
“Agong” KATAKUTAN; and

Exhibit “2” – The Sungbat nga Mangisupiat ti Darum of XANDER “Boy

epal” RUIZ;

The defense counsel reserved the right to mark other exhibits during
the pre-trial conference.

WITNESSES FOR THE ACCUSED:

1. Accused VERGEL “Agong” KATAKUTAN, He will testify to

controvert the allegations against him; and

2. Accused XANDER “Boy epal” RUIZ, He will testify to

controvert the allegations against him.

The issues have been streamlined as follows:

1. Whether or not the accused are guilty of as charged.

2. Whether or not the victim was deprived of his personal liberty

by the accused.

ARGUMENTS AND DISCUSSIONS

After having elucidated all the foregoing pieces of evidence,

prosecution stands on formidable ground that the accused must be
acquitted because the charge of violation of Article 267 of the Revised
Penal Code is malicious thus cannot stand for the court to be
persuaded.

WHEREFORE, premises considered, it is most respectfully

prayed that this Honorable Court will render judgment as:

1. Declaring the accused acquitted of charge of Violation of

Article 267 of the Revised Penal Code;
2. To order the private complainant to pay the accused moral
damages as deemed proper by this court; and
3. Other reasonable and just reliefs are likewise prayed for.

RESPECTFULLY SUBMITTED.

Laoag City. August 7, 2015.

 ATTY. KHO BOOMBASTIC
(Counsel for the Accused)
Roll No. 96682
IBP No. 312444 - I. N. – L. C. 12/07/14 (for CY 2015)
PTR No. 13225 - I. N. – L. C. 01/07/15
MCLE Compliance No. IV – 134521- 12/05/2013
Address: Brgy. 2, Galgalapok, Laoag City
Tel No. 897-4315

NOTICE

The Clerk of Court

RTC-Branch 14
Laoag City

GREETINGS!

Please submit the foregoing Memorandum for the kind

consideration and approval of the Most Honorable Court.

ATTY. KHO BOOMBASTIC

Copy furnished:

Pros. Jose Manalo