Memorandum CRima

Republic of the Philippines
REGIONAL TRIAL COURT

11th Judicial Region
Branch __
Davao City
PEOPLE OF THE PHILIPPINES,

Crim. Case No. ________________
-versus-
________________ For: ROBBERY WITH VIOLENCE

Accused. AGAINST AND
INTIMIDATION OF PERSONS
x--------------------------------------x
MEMORANDUM
(For the Accused)
COMES NOW, the accused, through the undersigned
Counsel de Officio, unto this Honorable Court most
respectfully avers, thus:
PRELIMINARY STATEMENT
“CASE APPLICABLE
FACTUAL ANTECEDENTS
The facts of the case are as follows:
Accused ________________is a member of the Philippine

National Police assigned at ________________ prior to his arrest
without a warrant for allegedly robbing private complainant
________________who was manning a store on ________________.
On September ________________, an Information was filed

before this Honorable Court, which states, thus:
“The undersigned accuses the above-named
accused of the crime of Robbery with Violence Against
and Intimidation of Persons under Article 294(5) in
relation to Article 296 of the Revised Penal Code,
committed as follows:
That on or about ________________, in the City of

________________, and within the jurisdiction of this
Honorable Court, the above-named accused, armed with
a handgun, with intent to gain and by means of violence
against and intimidation upon the person of private
complainant ________________, a saleslady who was then
1
manning ________________, located in ________________, this
city, willfully, unlawfully and feloniously declared a
hold-up while holding the said gun and took the
complainant’s money in the amount of ________________,
her ________________cellphone, ________________,
respectively, and her ________________laptop worth
₱________________, to the damage and prejudice of the
said complainant..
CONTRARY TO LAW.”
Consequently, trial ensued.
After the presentation of the evidence for both the

prosecution and the accused, both parties were given the
opportunity to submit their respective memorandum, hence,
the present submission.
STATEMENT OF ISSUE
WHETHER OR NOT ACCUSED ________________ IS GUILTY OF

THE CRIME OF ROBBERY WITH VIOLENCE AGAINST AND
INTIMIDATION OF PERSONS.
DISCUSSION
The prosecution’s accusations hold no water.
Article 294, paragraph 5 provides:

Art. 294. Robbery with violence against or intimidation of
persons – Penalties. Any person guilty of robbery with the use of
violence against or intimidation of any person shall suffer:
xxx xxx xxx
5. The penalty of prision correccional in its maximum period

to prision mayor in its medium period in other cases.
Article 295 provides:

Art. 295. – the intimidation is made with the use of firearm,
the offender shall be punished by the maximum period of the
proper penalties.
The elements of robbery are thus: 1) there is taking of

personal property; 2) the personal property belongs to
another; 3) the taking is with animus lucrandi; and 4) the
taking is with violence against or intimidation of persons
or with force upon things.
2
Animus lucrandi or intent to gain is an act which can be
established through the overt acts of the offender. It may
be presumed from the furtive taking of useful property
pertaining to another, unless special circumstances
reveal a different intent on the part of the perpetrator. 1
In the case at bar, it is respectfully submitted that

accused ________________could not have committed the
crime of robbery with violence against or intimidation of
persons for the reason that there was no taking that was
established and therefore no animus lucrandi or intent
to gain to speak of.
The identification
of the accused as
the perpetrator is in doubt.
The private complainant ________________testified that the

perpetrator has a distinguishing mark in her cross
examination, thus:
Cross examination, ________________ (p.___ of the T.S.N.)

Atty. _____:
Q : Did you see any distinctive marks on the accused?
A : There is ________________.
Q : That was the mark that will identify him?
A : Yes.
When called to testify, ________________witnessed otherwise.

This was affirmed in his cross examination, thus:
Cross examination, ________________ (p. ___ of the T.S.N.)
Atty. _____:
Q: When ________________reported the robbery and
she described the face of the perpetrator, did she
mention (sic) any distinguishing marks?
A: She described the height and built.
Q: But no distinguishing marks?
A: Because the suspect was wearing a fullface

helmet.
1
Consulta vs. People (G.R. No. 179462, February 12, 2009, citing People vs, Reyes, G.R. 135682, March 26,
2003, 399 SCRA 528)
3
Furthermore, upon perusal of the record of events of
________________Police Station identified and marked as Exhibit
“D” and submarkings, it is clear that the reportee further
alleged that suspect was wearing a fullface helmet. At the
outset, the accused’s face does not have any distinguishing
mark whatsoever.
Hence, on this score alone, herein accused should be

acquitted primarily for failure of the prosecution to prove that
the accused was indeed the perpetrator of the crime charged.
The mobile phones

were not presented
in court.
The ________________mobile phones stated in the

information were not presented in court and were not properly
identified by the alleged owner thereof, ________________. Aside
from the mere mention of the said cellular phones in the
Affidavit and direct testimony of ________________, no actual
cellular phones were shown or presented in court.
When asked during her testimony, the Private

Complainant could not even recall the numbers of the cellular
phones she had been using. 2 Thus, accused ________________
should be acquitted of the crime charged.
The motorcycle,
helmet and handgun
were not properly presented
nor identified.
Accused ________________should be acquitted of the crime

charged on the ground that the prosecution failed to properly
present in court the motorcycle (Exhibit “E”), helmet (Exhibit
“H”) and the ________________pistol (“K”) nor were they identified
by any of the prosecution’s main witnesses directly linking
them to the accused.
During the ________________hearing, the prosecution even
made reservations to present the said items and mark them
accordingly upon presentation. 3 However, during the
succeeding hearings, no such presentation was ever made.
Without proper presentation and identification of these
alleged seized items, the inclusion thereof in evidence will be
2
TSN, ________________, pages ________________
3
TSN, ________________, page________________
4
speculative and conjectural, if not downright assuming, that
the items referred to by the prosecution’s witnesses were the
exact items supposedly identified by the private complainant
as having been used by the accused in the commission of the
crime charged.
At this juncture, the prosecution failed to prove that the

accused made the intimidation against the ________________ with
the use of firearm under Art. 295 of the Revised Penal Code.
Ex gratia argumentis,
the items allegedly
used in the commission
of the offense were
illegally seized.
In sum, accused ________________ humbly submits that he

should be acquitted of the crime charged for failure of the
prosecution to prove the guilt of the accused beyond
reasonable doubt.
PRAYER
WHEREFORE, premises considered, and in
consideration of the foregoing arguments, it is most
respectfully prayed of this Honorable Court that accused
________________be ACQUITTED of the crime charged.
Respectfully submitted.
________________ City, Philippines, ________________

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Republic of the Philippines

REGIONAL TRIAL COURT

PEOPLE OF THE PHILIPPINES,

________________ For: ROBBERY WITH VIOLENCE

The facts of the case are as follows:

Accused ________________is a member of the Philippine

On September ________________, an Information was filed

That on or about ________________, in the City of

Consequently, trial ensued.

After the presentation of the evidence for both the

WHETHER OR NOT ACCUSED ________________ IS GUILTY OF

The prosecution’s accusations hold no water.

Article 294, paragraph 5 provides:

xxx xxx xxx

5. The penalty of prision correccional in its maximum period

Article 295 provides:

The elements of robbery are thus: 1) there is taking of

In the case at bar, it is respectfully submitted that

The private complainant ________________testified that the

Cross examination, ________________ (p.___ of the T.S.N.)

Q : That was the mark that will identify him?

When called to testify, ________________witnessed otherwise.

A: She described the height and built.

Q: But no distinguishing marks?

A: Because the suspect was wearing a fullface

Hence, on this score alone, herein accused should be

The mobile phones

The ________________mobile phones stated in the

When asked during her testimony, the Private

Accused ________________should be acquitted of the crime

At this juncture, the prosecution failed to prove that the

In sum, accused ________________ humbly submits that he

________________ City, Philippines, ________________

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Cross examination, ______________ (p._ of the T.S.N.)

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