Murder Case Against Roldan Mendoza
MEMORANDUM
TO: Atty. Dante B. Gatmaytan
FROM: Carlo Iñigo D. Soriano
RE: The murder case against Roldan Mendoza
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DATE: September 23, 2011
A. STATEMENT OF FACTS
Roldan Mendoza has been accused of murder after killing his aunt Merlita Austria, her son Emmanuel, and daughter Emerlita in the city of Lian, Batangas on August 27 2011.The accused was allegedly trying to borrow five hundred pesos (P 500) from his aunt, Merlita, but the latter would not let him. Mendoza then reportedly proceeded to a nearby store to drink liquor. After drinking he went back to the house of the Austrias and asked Emmanuel, “Nasaan ang tiya kong madamot?” This statement angered Emmanuel and he thus decided to engage Mendoza in a fistfight. Mendoza then allegedly went to get a kitchen knife and stabbed Emmanuel to death. His aunt Merlita and her daughter Emerlita reportedly went to Emmanuel’s aid but were also stabbed to death. Lian police then, through an anonymous source, traced Mendoza’s whereabouts to Baclaran Church in Parañaque City where he was subsequently arrested on August 29 2011. Lian chief of police Joel Laraya said that Mendoza has admitted to the commission of the crime.
B. QUESTIONS PRESENTED
1. Whether or not Mendoza’s admission with Joel Laraya, Lian chief of police, may be used as evidence against him;
2. Whether or not Mendoza is guilty of the crime of murder;
3. Whether or not Mendoza’s culpability may be mitigated by the fact that he was intoxicated during the commission of the crime;
4. Whether or not Mendoza’s culpability may be aggravated by the fact that the victims were the relatives of the suspect;
C. BRIEF ANSWERS
1. No. Roldan Mendoza’s extrajudicial confession to Joel Laraya, Lian police chief, during custodial investigation may not be used as evidence against him. The extrajudicial confession was made without the presence of counsel or the waiver of counsel by the accused in
TO: Atty. Dante B. Gatmaytan
FROM: Carlo Iñigo D. Soriano
RE: The murder case against Roldan Mendoza
-------------------------------------------------
DATE: September 23, 2011
A. STATEMENT OF FACTS
Roldan Mendoza has been accused of murder after killing his aunt Merlita Austria, her son Emmanuel, and daughter Emerlita in the city of Lian, Batangas on August 27 2011.The accused was allegedly trying to borrow five hundred pesos (P 500) from his aunt, Merlita, but the latter would not let him. Mendoza then reportedly proceeded to a nearby store to drink liquor. After drinking he went back to the house of the Austrias and asked Emmanuel, “Nasaan ang tiya kong madamot?” This statement angered Emmanuel and he thus decided to engage Mendoza in a fistfight. Mendoza then allegedly went to get a kitchen knife and stabbed Emmanuel to death. His aunt Merlita and her daughter Emerlita reportedly went to Emmanuel’s aid but were also stabbed to death. Lian police then, through an anonymous source, traced Mendoza’s whereabouts to Baclaran Church in Parañaque City where he was subsequently arrested on August 29 2011. Lian chief of police Joel Laraya said that Mendoza has admitted to the commission of the crime.
B. QUESTIONS PRESENTED
1. Whether or not Mendoza’s admission with Joel Laraya, Lian chief of police, may be used as evidence against him;
2. Whether or not Mendoza is guilty of the crime of murder;
3. Whether or not Mendoza’s culpability may be mitigated by the fact that he was intoxicated during the commission of the crime;
4. Whether or not Mendoza’s culpability may be aggravated by the fact that the victims were the relatives of the suspect;
C. BRIEF ANSWERS
1. No. Roldan Mendoza’s extrajudicial confession to Joel Laraya, Lian police chief, during custodial investigation may not be used as evidence against him. The extrajudicial confession was made without the presence of counsel or the waiver of counsel by the accused in