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    Republic of The Philippines Municpal Trial Court in Cities Fourth Judicial Region

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    Jil Macasaet
    The accused respectfully filed a motion to defer arraignment and for reinvestigation of the case against them. They were charged with playing tong-its, a card game where bets are involved. However, the accused argue that no bets were made when they played cards. They played for entertainment and to exercise their minds as senior citizens. As betting is an essential element of the crime and was not present in this case, the accused request reinvestigation and deferment of arraignment.

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    Republic of The Philippines Municpal Trial Court in Cities Fourth Judicial Region

    Uploaded by

    Jil Macasaet
    47 views2 pages
    The accused respectfully filed a motion to defer arraignment and for reinvestigation of the case against them. They were charged with playing tong-its, a card game where bets are involved. However, the accused argue that no bets were made when they played cards. They played for entertainment and to exercise their minds as senior citizens. As betting is an essential element of the crime and was not present in this case, the accused request reinvestigation and deferment of arraignment.

    Original Description:

    reinvestigation bet game

    Original Title

    Motion for Reinvestigationa

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    The accused respectfully filed a motion to defer arraignment and for reinvestigation of the case against them. They were charged with playing tong-its, a card game where bets are involved. However, the accused argue that no bets were made when they played cards. They played for entertainment and to exercise their minds as senior citizens. As betting is an essential element of the crime and was not present in this case, the accused request reinvestigation and deferment of arraignment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    47 views2 pages

    Republic of The Philippines Municpal Trial Court in Cities Fourth Judicial Region

    Uploaded by

    Jil Macasaet
    The accused respectfully filed a motion to defer arraignment and for reinvestigation of the case against them. They were charged with playing tong-its, a card game where bets are involved. However, the accused argue that no bets were made when they played cards. They played for entertainment and to exercise their minds as senior citizens. As betting is an essential element of the crime and was not present in this case, the accused request reinvestigation and deferment of arraignment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    REPUBLIC OF THE PHILIPPINES

    MUNICPAL TRIAL COURT IN CITIES


    FOURTH JUDICIAL REGION
    x---------------------------------------------------x

    MOST RESPECTFUL URGENT MOTION TO DEFER


    ARRAIGNMENT AND MOTION FOR REINVESTIGATION

    Accused, by themselves, unto this Honorable Court most


    respectfully states that:

    1. In an information dated 19 December 2018 that was filed before


    this Honorable Court, it was stated that:

    On or about December 18, 2018, at Barangay Proper, Lipa City,


    Batangas, Philippines, and within the jurisdiction of this Honorable
    Court, the above-named accused, conspiring and confederating
    together, acting in common accord and mutually aiding one
    another, did then and there willfully, unlawfully and feloniously
    play card games commonly known as “Tong-its”, wherein wagers
    consisting of money, articles of value or representative of value are
    at stake or made.

    Contrary to law.

    2. However, the seriousness of the offense charged warrants the


    need for a reinvestigation of the case which is clearly supported
    by the following undisputed facts:

    a. The alleged accused are playing cards inside their compound,


    which is a private area, merely for entertainment and
    amusement purposes.

    b. There is only one group playing cards. The others are only
    bystanders who are watching the alleged accused play.

    c. There is only one table where the alleged accused were seen
    playing.

    d. The alleged accused are all senior citizens as evidenced by their


    IDs hereto attached as Annexes “A-F”. Apart from
    entertainment and amusement, the alleged accused were
    playing cards to titillate and tickle their already senile brains,
    to put in extra effort to their thought process, to sharpen their
    memory, to think smart, to jog their brain cells and to make
    them thinking persons.

    e. In other words, the alleged accused were playing cards because


    of the dual benefits of entertainment and honing intelligence
    and not for money.

    f. No bets are made.

    3. Gambling games refer to any game or scheme whether upon


    chance or skill, wherein wagers consisting of money, articles
    of value or representatives of value, are made. It is the fact
    that bets are made which makes the game a gambling game.

    4. However, while the accused are allegedly playing cards, it is


    undeniable not even a single peso of bet was made by the accused.

    5. A person cannot be held liable for violation of PD 1602 as amended


    if no bet was made. Betting, which is one of the essential elements
    of violation of PD 1602 as amended is clearly wanting. Playing
    cards per se is not illegal.

    PRAYER

    Wherefore, premises considered, it is most respectfully prayed of


    this Honorable Court that the foregoing motion be favorably granted.

    Lipa City, 4 January 2019.


    ngas

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