REPUBLIC OF THE PHILIPPINES FOURTH JUDICIAL REGION REGIONAL TRIAL COURT BRANCH 56, MAKATI CITY, METRO MANILA
PEOPLE OF THE PHILIPPINES,
Plaintiff, CRIMINAL CASE No. 12-1110
-
versus -
For: Robbery with Homicide
DAVID SY, ED BAUTISTA and JOHN DOE,
Accused. x---------------------------------------------------------x
PLAINTIFF’S MEMORANDUM
Plaintiff, through the undersigned counsel, respectfully submits the following Memorandum and states that:
STATEMENT OF THE CASE
This is a case for robbery with homicide of Jose Gonzales whom, on or about 11 July 2102, the accused, conspiring and confederating together and mutually helping one another, with intent to gain, wilfully, unlawfully and feloniously, by means of violence, intimidation, force and other unlawful means, taken and divested PhP1,200,000.00 worth of watches, and fatally stabbed the victim with the use of bladed weapon.
STATEMENT OF THE FACTS
1. On 11 July 2012 at about 5:00 in the afternoon, the accused had checked in at Room No. 9 of the JKL Hotel in Lacson St., Makati City;
2. While inside his room, the accused phoned Rustan’s Department Store to bring in all the watches that are to be offered for sale the next day because he and his friends would like to choose and buy ahead of the sale; 3. Jose Gonzales came to deliver PhP1,200,000.00 worth of watches;
STATEMENT OF THE ISSUES
Whether the accused are guilty for the crime of robbery with homicide for the lost of PhP1,200,000.00 worth of watches and the death of Jose Gonzales.
ARGUMENTS AND DISCUSSION
Article 293 of the Revised Penal Code defines who are guilty of robbery as “any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or intimidation of any person, or u sing force upon anything.”
Robbery with homicide is committed “when by reason or on the occasion of robbery, the crime of homicide shall have been committed”. This phrase requires that there is a causal connection between the robbery and the death, had it not been for the robbery, there would have been no death.”
When arraigned, the accused duly assisted by counsel pleaded not guilty to the charge. At the pre-trial, they opted not to plea bargain with the prosecution.
During trial on January 7, 2013, witness Lea Valdes, an accounting clerk of JKL Hotel, positively confirmed the presence of the victim, Jose Gonzales in front of the garage of Room No. 9 of JKL Hotel.
It is during that trial wherein taxi driver Rey Pines positively identified accused David Sy as his passenger and the owner of brown envelope which contains a black t-shirt and sheath of a knife. In robbery with homicide cases, the prosecution need only to prove these elements: (a) the taking of personal property with violence or intimidation against persons or with force upon things; (b) the property taken belongs to another; (c) the taking be done with animo lucrandi; and (d) on the occasion of the robbery or by reason thereof homicide in its generic sense was committed ( People of the Philippines vs. Raymond Maxion y Gaspar. G.R. No. 135145. July 19, 2001)
PRAYER
Wherefore, it is respectfully prayed that judgement be rendered by this Honorable Court rendering the accused guilty of the crime of robbery with homicide and to pay the heirs of the victims actual damages of PhP1,200,000.00; moral damages of PhP600,000.00 and other cost of litigation.
Other kinds of relief, just and equitable under the premises are likewise prayed for.
Makati City, Philippines, March 23, 2013.
CITY PROSECUTOR
Submitted by: EDWI N V. DE NI COL AS RESWRI 220 L l.B. 1 LO1
