REPUBLIC OF THE PHILIPPINES

MUNICPAL TRIAL COURT IN CITIES

FOURTH JUDICIAL REGION
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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