Republic of the Philippines

SUPREME COURT
Manila
EN BANC
LITO CORPUZ,
Petitioner,
-versus- !R! NO!
"#$$"%
PEOPLE O& T'E P'ILIPPINES
Respondent.
x-----------------------------------------x
MEMORAN(UM
The undersigned, unto this Honorable Supreme Court, most
respectfully submit and present this emorandum in the above-titled
case.
BRIE& STATEMENT O& &ACTS
!ito Corpu" and #anilo Tangcoy $ere both collection agents of
%&!, 'ncorporated. Ho$ever, Tangcoy has another business $hich
includes buying and selling (e$ellery. Corpu" informed Tangcoy that
he $as interested in selling (e$ellery. Tangcoy agreed and entrusted to
Corpu" P)*,+++ $orth of (e$ellery to be sold on commission $ithin
t$o months. The t$o-month period had lapsed but the petitioner
failed to sho$ up. ,fter constantly searching for the petitioner,
Tangcoy finally located him. Petitioner promised to pay Tangcoy but
failed to do so.
-
Petitioner $as charge at the Regional Trial Court for the crime of
.stafa. He $as found guilty beyond reasonable doubt. /n appeal, the
Court of ,ppeals affirmed the conviction but modified the penalty. ,
otion of Reconsideration has also been denied and a Petition for
Certiorari is no$ $ith this court.
Corpu" suggests the penalty provided by the Revised Penal Code
is harsh considering that the value of peso from -)01 has changed
enormously.
The Supreme Court issued a resolution for the parties and amici
curiae to provide opinions regarding the case at bar.
ISSUES
2hether or not the penalty for ,rticle 0-3 of the Revised Penal
Code 4.stafa5 be all in all pronounced unconstitutional for being
disproportionate and excessively harsh considering the inflation of
peso since -)01.
ARUMENTS
The penalty for ,rticle 0-3 of the Revised Penal Code 4.stafa5 is
not unconstitutional because it the does not violate any of the rights
laid do$n on ,rticle 0 of the Constitution, the &ill of Rights. 't has
stood and upheld the standards of the Constitution and (urisprudence
for several years and $ill not be rendered other$ise on mere basis of
failing to 6eep up $ith the time. The court should refrain from
touching the issue of constitutionality unless it is very crucial to the
case and it is already inevitable. The (udiciary7s duty is to apply the
statute exactly as $hat it is $ritten. 'n an economic point of vie$ or
1
even for a purely economic purpose, the Court may apply the
necessary conversion sought by Corpu". Ho$ever, even if there is a
conversion of the value, the Court should interpret or apply the
existing Criminal !a$ as it is.
PRA)ER
't is respectfully prayed for that the Honorable Supreme Court
should deny the petitioner7s prayer for revie$ on certiorari on the
basis that there no cause of action and completely unmeritorious.
Respectfully submitted.
&acolod City for anila, Philippines. ,pril *, 1+-8.
&y9
-03++::
,micus Curiae
0