Republic of the Philippines

REGIONAL TRIAL COURT

11TH Judicial Region

Davao City

PEOPLE OF THE PHILIPPINES,

Plaintiff, CRIM.CASE NO. 12345

FOR VIOLATION OF RA 9165

-versus-

Mr. A ,

Accused.

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MEMORANDUM FOR THE ACCUSED

COMES NOW THE ACCUSED in the above – entitled case , by the undersigned

counsel , unto this Honorable Court , most respectfully submits the following as her

memorandum.

FACTS OF THE CASE :

Accused ( A ) stands charged for violation of Sec. 5of RA 9165 by virtue of

an act instituting the Comprehensive Dangerous Drugs Act of 2002
 On April 8, 2017, a buy-bust operation was conducted in 256, Brgy. 4 - A,
Davao city. A was found in the said location trading for prohibited drugs (shabu) to the
PNP’s poseur-buyer.

On May 1, 2008 at 8pm the two teams conducted a drug operation at

Purok 1 , Bgy Tambacan , Iligan City for two (2) reasons :

1) to execute the warrant of arrest of PEDRO for for Violation of RA 9165 with no

bail recommended .

2) to arrest JUAN if PNP – PDEA got evidence that he was also repacking Shabu.

PNP received information that the 2 of them – PEDRO & JUAN were repacking Shabu.

The executing team passed through the ground stair that went directly to the second floor

of that house without passing through the ground floor. The executing team knocked at the

door of the second floor and it was opened by Faridah ,the aunt of JUAN.The team identified

themselves as PDEA members . PEDRO noticed the presence of the raiding team and

he immediately escaped at the back door and run away to elude arrest leaving behind his

companion ( JUAN ) , the owner of the house. The team didn’t know that PEDRO was no

longer there.They checked the three rooms except for a padlocked room and PEDRO was

nowhere to be seen. JUAN run away through the back door.The back up team found JUAN

downstair .He was frisked. Carlito Ong seized and recovered nine ( 9 ) plastic sachets of

Methamphetamine Hydrochloride or Shabu weighing more or less 10.25 gms inside the

pocket of Juan. The back up team suddenly informed the executing team that they were

able to arrest JUAN and brought him back upstair. Note that the team was only equipped
with a warrant of arrest for PEDRO , not a warrant of arrest for JUAN . They let JUAN

opened the padlocked door and found out paraphernalia of SHABU scattered on the

floor of the room . JUAN was previously arrested by elements of PNP assigned with the

Philippine Drug Enforcement Agency on June 22, 2005 docketed in criminal case No. 11784

for violation of RA 9165 . He pleaded guilty and was convicted . His penalty was 6 months

of rehabilitation.

ISSUES :

1. Whether or not, the arrest of JUAN was valid without a warrant of arrest.

2. Whether or not the search on JUAN was valid without a search warrant.

DISCUSSION :

Whether or not , the arrest of JUAN was valid without a warrant of

arrest.

The ARREST OF JUAN WAS NOT VALID because there was no warrant of arrest forJuan.

Arrest is the taking of a person into custody in order that he may be bound to answer for the

commission of an offense . An arrest is made by an actual restraint of a person to be

arrested or by his submission to the custody of the person making the arrest.

Arrest maybe made a) WITH A WARRANT b) WITHOUT A WARRANT

JUAN was arrested without a warrant.

A peace officer may lawfully arrest a person without a warrant in the following

conditions :

1) When, in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense.

2) When an offense has just been committed and he has a probable cause to believe

based on personal knowledge of facts or circumstances that the person to be

arrested has committed it.

3) When the person to be arrested is a prisoner who has escaped form a

penal establishment or place where he is serving final judgment or temporarily

confined while hi case is pending or has escaped while being transferred from one

confinement to another.

In the case at bar :

1) JUAN HAS NOT COMMITTED, IS NOT actually committing, or IS NOT

attempting to commit an offense.

2) The PEACE OFFICER CANNOT ESTABLISH A PROBABLE CAUSE that he has a

personal knowledge that JUAN has just committed an offense for JUAN to be

arrested.

3) JUAN IS NOT A PRISONER who has escaped form a penal establishment or place

where he is serving final judgment or temporarily confined while hsi case is pending

or has escaped while being transferred from one confinement to another.

 JUAN CANNOT BE LAWFULLY ARRESTED WITHOUT A WARRANT OF

ARREST because he doesn’t fulfill the above 3 conditions for one to be lawfully arrested

without a warrant of arrest.

After knowing that Pedro was nowhere to be found, the team should have left the

house and pursued Pedro who escaped since he was the person specified in the

warrant of arrest .

THE SECOND ISSUE IS whether or not the search on JUAN was valid without a

search warrant.

A SEARCH WARRANT is an order in writing issued in the name of THE PEOPLE OF THE

PHILIPPINES , signed by a judge and directed to a peace officer ,commanding him to

search for personal property and bring it before the court. A search warrant may be

for the search and seizure of personal property a) subject of the offense b) stolen or

embezzled and other proceeds or fruits of the offense c) used or intended to be used as

the means of committing an offense.

A search warrant is issued upon probable cause in connection with one specific offense to

be determined personally by the judge after examination under oath or affirmation of the

complainant and witnesses he may produce, particularly describing the place to be

searched and the things to be seized which may be anywhere in the Philippines.
 In the case at bar PNP- PDEA TEAM HAS:

1) NO LAWFUL RIGHT TO SEARCH for JUAN’s body for SHABU because the team has

NO SEARCH WARRANT FOR JUAN

2) NOBODY FORMALLY FILED A COMPLAINT against JUAN for allegedly repacking

SHABU , ( repacking of SHABU was just a hearsay information of the raiding team ) .

THEREFORE , PNP- PDEA team,

HAS NO LAWFUL RIGHT TO SEARCH FOR PARAPHERNALIA OF SHABU

BECAUSE THEY HAVE NO SEARCH WARRANT .

The two issues presented violated Sec 2 Article III of the BILL OF RIGHTS.

Sec 2 states the right of the people to be secure in their persons,houses,papers

and effects against unreasonable searches and seizures of whatever nature and
 for any purposes shall be inviolable . No search warrant or warrant of arrest

shall issue except upon probable cause to be determined personally by the

judge after examination under oath or affirmation of the complainant and

witnesses he may produced describing the place to be searched and persons or

things to be seized.

WHEREFORE , PREMISES CONSIDERED , it is respectfully prayed

of this Honorable Court that the accused be acquitted from the present charge for

failure of the prosecution to prove his gulit beyond reasonable doubt.

Iligan City , Philippines , August 24, 2012

PUBLIC ATTORNEY’S OFFICE

Hall of Justice, Davao City

By :

MA.SOLEDAD A. MARAMARA

Public Attorney II