BERBA, ROSANNA F.

IA-JD4

ADVANCE LEGAL WRITING

Assignment

Republic of the Philippines

REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 123
Pasig City

PEOPLE OF THE PHILIPPINES

Plaintiff

-versus-

ROMULO C. TAKAD
Accused

x-------------------------------------x

PLAINTIFF'S MEMORANDUM

The Case

The prosecution, through the undersigned Public Prosecutor, charges Romulo Takad with the
crime of violation of RA No. 6539 (Anti-Carnapping Act) by taking, stealing and driving away a
kawasaki motorcycle with side car, colored black, bearing plate no. TU9952 with a value of P80,000
belonging to Bayan Development Corporation represented by Zenny G. Aguirre.
 The Facts

At the Trial, Zenny Aguirre, an employee of Bayan Development Corporation testified about the
loan obtained by Ma. Teresa Lacsaman, the lived in partner of the accused. Within the period of the
loan, Ms. Lacsamana has defaulted in paying. This resulted for the BDC to pull out the tricycle
because of the Corporation's policy under the Kasunduan, that if the borrower was unable to pay, the
tricycle could be pulled out from him. The Corporation give Ms. Lacsamana until October 17 to
redeem the tricycle and if not it will be permanently repossed. Unfortunately Ms. Lacsaman was not
able to comply and only on October 22 that she and Mr. Takad wanted to pay the outstanding balance
of the loan which BDC did not allow.

After November 20 , BDC gave the tricycle to Mr. Carlos Parlade as the new assignee. On the
following day Mr. Parlade called BDC that the tricycle was missing and that there is a man who stole it.
When asked in the court if he could remember the person who took away the tricycle, Mr. Parlade
pointed to the accused.

The accused denied the allegations and posted a defense of alibi. He said that he was sleeping at
his home at the time of the incident.

The Issue

The issue in this case is Whether or Not the accused is guilty of the crime charged.

Arguments

I.
THE ELEMENTS OF THE CRIME ARE PRESENT AND ESTABLISHED IN THE CASE

Republic Act No. 6539 provides that 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. In this case, the tricycle is not owned by the
accused and remains in the property of BDC being assigned to Mr. Parlade and it was taken by the
accused without the consent of the latter. Intent to gain is pressumed from the unlawful taking of the
property.
 II.
THE ACCUSED WAS NOT ABLE TO PROVE HIS INNOCENCE IN THE CRIME
CHARGED AGAINST HIM.

The accused denied the allegations posting a defense of alibi. Alibi has been one of the weakest
defense in criminal cases. In posting such defense it should be proved not only that the accused was not
in the place where the crime happened because he was somewhere else but also it must be proved that
it was impossible for him to go to the place of the crime. In this case, 84 West Road, Maybunga, Pasig
City where Mr. Parlade resides and where the tricycle is located at that time and 374 Villa Street,
Palatiw, Pasig City, where the accused resides is not that far from each other that it would be
impossible for the accused to go to such place, provided the 24 hours availability of transportation.

WHEREFORE, People of the Philippines respectfully prays the Court to render judgement
1. Convicting the accused, Romulo C. Takad for the crime of carnapping.
2. Ordering the accused to return the vehicle to BDC.

ROSANNA F. BERBA
Public Prosecutor