MEMORANDUM

THE CASE

The prosecution charges Romulo Takad with the crime in violating the R.A 6539 known
as the ANTI-CARNAPPING LAW.

That on or about 1:00 o’clock A.M in November 21, 2007 at the resedence of Carlos
Parlade in Pasig City within the jurisdiction of this Honorable court, the accused Romulo
Takad with intent to gain and without the knowledge and consent of the owner Calos
Parlade did and thereby feloniously took steal and drove away the kawasaki motorcycle
with sidecar identified as color black bearing plate number TU-9952, with valuing of P
80,000.00 belonging to Bayan Development Corporation (BDC), representing by Zenny
Aguirre, to the damage and prejudice of the latter.

STATEMENT OF THE FACT

In view of this case to the Honorable court and to give way the truth in the judicious
disposition of the above- entitled case no. 12345-H, cited hereunder the material , relevant
and pertinent facts of the case to wit:

A. That accused Rumolo Takad, 43 years old (legal age) married , residing @ 374 villa street,
Palatiw, Pasig city with his former live-in-partner Ma. Teresa Lacsamana. The latter obtain a
tricycle loan Bayan Development Corporation (BDC) sometime in May 2003.

B. That the accused fails to pay in the said date of payment as based on the agreed paying
period.

C. That the said corporation pull out the Tricycle from the custody of Takad on sometime of
Friday October 2,2007.

D.The said tricycle was steal in Pasig City sometime in November 21, 2007 in the custody of
Mr. Carlos Parlade.

THE ISSUES
 I

DEPENDANT-RUMOLO TAKAD IS LIABLE FOR THE DAMAGES INCURRED TO THE SAID CORPORATION
KNOWN AS BAYAN DEVELOPMENT CORPORATION

II

DEPENDANT-RUMOLO TAKAD WAS GUILTY BEYOND REASONABLE DOUBT OF THE CRIME CHARGE
AGAINST HIM.

ARGUMENTS/DISCUSSIONS

DEPENDANT WAS LIABLE FOR THE DAMAGES INCURRED TO THE BAYAN DEVELOPMENT
CORPOARTION (BDC)

Ma. Teresa Lacsamana, dependant’s live-in-partner have loaned in Bayan

Development Corporation amounting P 80,000.00 to buy the kawasaki tricycle that the two
private parties intered in a contract. The former breached the contract and unfurtunately
did not comply with the agreement to pay the balance of the said loan on time. The BDC
reposses the tricycle and intends to give it to the new assignee Carlos Parlade if only not
stoled by Rumolo Takad. Now, dependant is liable for the damages incurred to the BDC in
addition to the Penalty he will be facing for being guilty for the crime charge against him.

II

DEPENDANT WAS GUILTY BEYOND REASONABLE DOUBT OF THE CRIME CHARGE AGAINST HIM

The court ruled that Accused-Rumolo Takad was guilty beyond reasonable doubt
for committing and violating the R.A 6539 (anti-carnapping law) according to the
investigation and the evidence of the prosecution that supports to the accused against him.
That Ma. Teresa Lacsamana was the rightful owner of the motorcycle, that resorted to
unlawful act in order to posses the tricycle. The prosecution presents this evidences,
 1. ) Testimonies of the witnesses:

A. Carlos Parlade

The BDC gave the tricycle to Carlos Parlade, the new assignee. However, the
tricycle was steal by Rumolo Takad. Parlade Testify that on or about 1:00 am, november
21,2007. He was woke up to drink some coffee , but at the midle of the night he saw his
tricycle pushed by a man, kick and start the engine and drove away and found out after he
called and reported the crime to the police and talk to Ms. Aguirre that it was the accussed
Rumolo Takad.

B.Mario S. Mankas give support to the testimony of Mr. Carlo Parlade that about 2:00
am,November 21,2007. he saw the person starting the engine while Mr. Carlos Shouting “ hoy
bat dala dala mo yang motor” and he was only 4 steps away from the motor cycle and he found
out it was Rumolo takad that steal the motorcycle when he appear in the court.

C. The testemony of Zenny Aguirre when the accused Rumolo Takad said “ wag na wag
kung makikita ang Tricycle nayan sa pasig” with the implication of the intention that he might
steal the motorcycle.

For the safetiness of the motor or vehicles the Anti-carnapping Law was made and
effectively passed in 2016. Republic Act No. 6539, otherwise known as the “Anti-Carnapping
Act of 1972”, is hereby repealed and expalin under section 3,

Section 3. Carnapping; Penalties.— Carnapping is the taking, with intent to gain, of a

motor vehicle belonging to another without the latter’s consent, or by means of violence
against or intimidation of persons, or by using force upon things.

Any person who is found guilty of carnapping shall, regardless of the value of the motor
vehicle taken, be punished by imprisonment for not less than twenty (20) years and one (1)
day but not more than thirty (30) years, when the carnapping is committed without
violence against or intimidation of persons, or force upon things; and by imprisonment for
not less than thirty (30) years and one (1) day but not more than forty (40) years, when the
carnapping is committed by means of violence against or intimidation of persons, or force
upon things; and the penalty of life imprisonment shall be imposed when the owner, driver,
or occupant of the carnapped motor vehicle is killed or raped in the commission of the
carnapping.
 CONCLUSION

In summary, the dependant took, steal and drove away the tricycle idintified as
kawasaki black with the plate number TU-9953 that owned and under the custody of Mr.
Carlo Parlade, given by the BDC.

PRAYER

WHEREFORE, premises considerd, it is most respectfully prayed unto this Honorable

Court that an order be issued for MR. RUMOLO TAKAD to pay the liabilities he incurred in
the Bayan Development Corporatin (BDC), and serve his penalty of the crime committed.

Other reliefs deemed just, proper and equitable in the premises are likewise most
respectfully prayed for.

RESPECTFULLY SUBMITTED.

Albay, Legazpi City, Philippines, 21 november 2019

PROSECUTOR REYMAR V. BURCE

Councel for the Prosecution