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with Plate Number WH 7951, Engine Number KR 20004X00916E,


Chasis Number KR 200-04Y-009126. On the morning of May 12, 2018,
when the tricycle was supposed to be returned to the house of
plaintiff AAA, the same was not returned by herein Accused.

AAA then went to the house of accused where accused’s wife


admitted that she saw BBB with two other companions, YYY and
ZZZ, using the subject tricycle on the night of May 11, 2018, and that
they will get drunk on that night.

AAA then proceeded to the police station and reported that his
tricycle was missing.

On May 13, 2018, a telescopic cylinder ring and an open motorcycle


pipe, which are parts of the subject tricycle, was sold to CCC, witness
of AAA, by YYY. CCC then showed the motorcycle parts to AAA
which confirmed that it was from his tricycle, thus, they went to the
police station where YYY spontaneously confessed that accused and
ZZZ chop-chopped the subject tricycle of AAA after their drinking
session in Saranggani Highlands using the same tricycle.

Prosecution alleged that accused should

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