REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF BATANGAS

FOURTH JUDICIAL REGION
BRANCH ___
BATANGAS CITY
THE PEOPLE
OF THE PHILIPPINES,
Plaintiff,
-versusJERRY MARCELO y ALAWAN,
Accused.

CRIMINAL CASE NO. 17990

-FORROBBERY

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MEMORANDUM
COMES NOW PLAINTIFF RESPONDENT, through the undersigned counsel, unto
this Honorable Court most respectfully submit and present this Memorandum in the
above-titled case and aver that:
THE CASE
Accused Jerry Marcelo y Alawan was charged of the crime of Robbery defined
and penalized under Article 299 (a)2 of the Revised Penal Code committed as
follows:
That on or about the 31 st day of March 2013 at about 1:00 oclock in the
afternoon at Sitio Uluhan, Barangay Galamay-Amo, Municipality of San Jose,
Province of Batangas, Philippines and within the jurisdiction of this Honorable Court,
the above named accused, with intent to gain, by means of force upon things, did
then and there wilfully, unlawfully and feloniously enter the house of one Estrelita
Yacat y Arellano by forcibly destroying the kitchen door, and once inside, take steal
and carry away the following: one (1) IPOD amounting to P40, 000, one (1) iPhone5
amounting to P45, 000, one (1) Samsung S3 phone amounting to P20, 000, pieces
of jewelry amounting to P50, 000, cash money amounting to P28, 000 and assorted
clothes with the total amount of One Hundred Eighty Three Thousand Pesos (P183,
000) belonging to the said Estrelita Yacat y Arellano, to the damage and prejudice of
the said owner in the aforementioned amount of P183, 000.
During the arraignment, the accused entered a plea of not guilty. Preliminary
conference and pre-trial were held and trial ensued thereafter.
EVIDENCE BY THE PROSECUTION

During the trial of this case, the Prosecution presented as witnesses, the
complainant, Mrs. Estrelita Yacat y Arellano, PO3 Michael Darwin Coliat, then of PNO
San Jose Municipal Police Station.
Testimony of Mrs. Estrelita Yacat
In sum, Mrs. Estelita Yacat testified that on March 31, 2013 at about
1:00 oclock in the afternoon arrived at her house and as she opened the door of her
house she noticed that the door was broken forcibly and that the things inside the
house were all a mess. She asked if anyone saw any person went to her house and
one Ruffa Marcelo, the household help of her neighbour, saw that her brother Jerry
Marcelo went inside the house leaving with a bag and told her that he was going
home to Romblon. Right after this, she call the Batangas City Police Station to
inform them of the robbery so that the accused Marcelo would be captured by the
authorities.
They went to the Batangas City Police Station, picked up PO2 Bernabe
Damayan and PO1 Arnold Roca proceeded to the Batangas City Pier and caught and
apprehended Jerry Marcelo inside the vessel of Montenegro Lines. Thereafter, the
person was brought to the Batangas City Police Station by the police officers for
investigation.
Testimony of PO3 Bernabe Damayan
PO3 Damayan testified that on March 31, 2013, he was on duty at the
PNP Batangas City Police Station. While on duty, on or about 2:00 oclock in the
afternoon, he receieved a report that a robbery incident took place in Brgy.
Galamay-Amo, San Jose, Batangas. Mrs. Yacat relayed to him that the suspect
identified as Jerry Marcelo y Alawan. They proceeded to the ticketing office of
Montenegro Lines bound to Odiongan, Romblon where a trip was scheduled to leave
at 5:00 oclock pm. They boarded the ship and Mrs. Yacat told us that the man who
came out of the Comfort Room was Mr. Jerry Marcelo who was the one who stole
from her house.
Thereafter, we arrested the person, read to him his Miranda rights
according to he Constitution and we brought him to the Batangas Regional Hospital,
Brgy. Kumintang Ibaba, Batangas City to have a medical clearance and then
proceeded back to the Police Station where the accused was charged of the crime.
Testimony of PO2 Michael Darwin Coliat
PO2 Coliat testified among others that on March 31, 2013, while on
duty at the San Jose Municipal Police Station at around 6:50 oclock in the evening,
Mrs. Yacat arrived and reported that at around 1:00 oclock in the afternoon of that
day, a robbery incident took place at the house of Mrs. Yacat. According to her, the
accused Jerry Marcelo was the one who broke the door of the house of Mrs. Yacat
and stole her belongings to wit: one (1) IPOD amounting to P40, 000, one (1)
iPhone5 amounting to P45, 000, one (1) Samsung S3 phone amounting to P20, 000,
pieces of jewelry amounting to P50, 000, cash money amounting to P28, 000 and
assorted clothes.

The following items belonging to Mrs. Yacat were recovered from the accused
Marcelo: American Eagle cup, Charger Samsung S3, two (2) Nokia battery, one (1)
gold ring, one (1) gold bracelet, one (1) Dove soap, one (1) Zippo lighter, one (1)
memory card, one (1) black tshirt with logo Lord of the Rings and one (1) blue
pants.
When PO2 Coliat asked the accused where the other stolen items were,
he answered that he already sold these to other people. Thereafter, he told the
accused all his rights under R.A. 7438 and sent him to jail while his complaint was
being drafted.
EVIDENCE FOR THE DEFENSE
The accused through his counsel de officio moved that the case be dismissed
on the ground that the evidence adduced by the Prosecution is not sufficient to
establish the guilt of the accused beyond reasonable doubt in the instant case. In
addition, the accused is claiming that his Constitutional rights to remain silent and
his right to counsel had been violated considering that the accused was already a
suspect and under custodial investigation when the accused allegedly stated that
he sold the items to other persons.
Moreso, the accused was illegally arrested considering that the warrantless
arrest was not justified. In the case at bar, there were no justifying circumstances to
warrant the arrest of the accused as there was no probable cause on the part of the
arresting officer PO3 Damayan who had no personal knowledge as to the identity of
the accused.
ISSUES
1. Whether or not the accused is guilty of the crime of robbery.
2. Whether or not the constitutional rights of the accused were violated
3. Whether or not there was an unlawful arrest
ARGUMENTS AND DISCUSSIONS
1. The accused is guilty of the crime of robbery.
As provided in Article 293 of the Revised Penal Code,
Art. 293. Who are guilty of robbery. Any person whi, with intent
to gain, shall take any personal property belonging to another, by
means of violence or intimidation of any person, or using force upon
anything shall be guilty of robbery.
The Supreme Court has held in the case of Pedro C. Consulta vs People
of the Philippines (G.R. No. 179462, February 12, 2009), it provides
that:

The elements of robbery are thus: 1) there is a 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.