Republic of the PhilippinesRegional Trial Court6th Judicial Region

C.I.R.Q Avancena Hall of JusticeBonifacio Drive, Iloilo City

THE PEOPLE OF THE PHILIPPINES, Plaintiff . I.S NO. 2008-1664 CRIM. CASE NO__ FOR :VIOL. OF P.D 1886 AS AMENDED BY R.A 8294 -versus-

CHRISTOPHER TALAMOR y HAUTEA Accused.

x-------------------------------------------x

MEMORANDUM FOR THE ACCUSED

COMES NOW Accused, through the evidences presented by the Leganes PNP and through the undersigned Prosecutor to this honorable court, respectfully submits the memorandum.

PRELIMINARY STATEMENT

This is a case for illegal possession of firearms under P.D 1886 as amended

by R.A 8294 filed by CINSP Orlando Colisao, Chief of Police of Leganes Iloilo

against Christopher Hautea Talamor resident of Brgy, Sulangan, Dumangas,

Iloilo.

FACTS OF THE CASE

CHRISTOPHER TALAMOR y HAUTEA, 37 years old, married and a

resident of Barangay Sulangan, Dumangas, Iloilo with standing Warrant of Arrest

in Criminal Case No. 08-65131, for Murder, issued by Judge Danilo P. Galvez,

RTC 6, Iloilo City dated February 18, 2008. That upon serving the said warrant of

arrest, he was caught with illegal possession of firearm and ammunition, hence the

present case.

On October 07, 2008, at about 7:00 o’clock in the morning, Chief Inspector Fusin

Jr. together with the personnel of Regional Intelligence Office 6 coordinated thru

PO3 Mars Cornell Heso of Leganes Municipal Police Station to accompany them

to conduct intelligence monitoring and surveillance on any forms of illegal

activities around Municipality of Leganes.

At about 10:00 o’clock in the morning of the same date, the team went back to the

Leganes Municipal Police Station for a briefing that was conducted by Chief

Inspector Sofronio Fusin Jr. and Chief Inspector Orlando R. Colisao for the

purpose of serving the warrant of arrest to CHRISTOPHER TALAMOR y

HAUTEA spotted at Manuela Subdivision, Leganes, Iloilo.

On 11:50 in the morning, the team proceeded to Manuela Subdivision to arrest the

respondent, being an accused in Criminal Case No. 08-65131, for Murder, at the

sala of Judge Danilo P. Galvez, RTC 6, Iloilo City.

Upon arriving at Manuela Subdivision, the team rushed towards Porras Residence

where the accused was spotted as given by their informant. Some of them went

inside the house to verify the presence of the accused but he was not found there

and was able to escape.

A thorough search was done, wherein they surrounded the possible place where

Christopher Talamor was hiding. PO3 Heso, SPO3 Jalandoni and PO1 Robles

went to the grassy area near the back of Villa Feliza concrete wall and were able to

see a man hiding his body in the thick grass and shrubs in a prone position wearing

blue short pants and without a shirt. They ordered him to get out from where he

was hiding which he did so.

A 0.45 caliber pistol was seen tucked at the right portion of Talamor’s waist. PO3

Heso ordered him to lie on the ground facing down with both hands at the back of

his head, which he also did. The firearm was taken from his possession and he was

handcuffed by PO3 Heso and the other two policemen served as back up.

The accused was asked if he has an authority or license to possess said firearm and

he replied none. They placed him under arrest and informed of his Constitutional

Rights under the Miranda Doctrine. He was also informed that he has a standing

warrant of arrest in Criminal Case No. 08-65131, for Murder, a non-bailable

offense, issued and signed by Judge Danilo P. Galvez of RTC 6, Iloilo City dated

February 18, 2008.

The accused was detained at Leganes Municipal Detention Cell for proper

disposition.

EVIDENCES FOR THE PROSECUTION

Attachments :

1. Affidavit of Arrest of Apprehending Officers

2. Police Blotter Extract

3. Medical Certificate of the Suspect

4. Xerox Copy Of warrant of Arrest

Exhibits: A5 caliber pistol MK. IV(Series 80), With magazine and seven live

ammunitions(7) with serial # 288187.

Issue

Whether or not the accused is guilty beyond reasonable ground for illegal

possession of firearm.

ARGUMENTS AND DISCUSSIONS

The accused must be held guilty beyond reasonable ground for the

violation of P.D 1886 as amended by R.A 8294. The accused willfully and

feloniously had in his possession a 45 caliber pistol and when he was arrested and

he admitted that he did not secure any license for the said firearm. There was a

clear and convicing admittance of the accused that he owns the unlicensed firearm

and the policemen (SPO3 Heso,SPO3 Jalandoni, and SPO1Robles) who

apprehended him were easily convinced that the accused is guilty of illegal

possession of firearms. It is unlawful for a person not permitted or authorized by

law to carry firearms without licensed. The accused must be convicted for the

crime he violated.

If there is admittance of the accused for the crime charged against him, judgment

or conviction must be immediately rendered to him so that justice may prevail.

We on the prosecution found that the accused Christopher Talamor Hautea guilty

of charge against him.

PRAYER

WHEREFORE, in view of all the foregoing, it is respectfully prayed by the

honorable court that the decision be issued convicting the accused of charges

against him.

Other reliefs and remedies are just and equitable in the premises are likewise

prayed for.

Memorandum

submitted for

resolution.

Submitted to: Judge Ma. Dianela Ladrido

Submitted by: Jethro Villaruel L.lB 1-B

Memorandum

(For the conviction of the

accused CHRISTOPHER

TALAMORHAUTEA)