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Memorandum Ra 9165

The memorandum summarizes a criminal case involving Cornilio Pagador Dullano Jr., who stands accused of violating the Comprehensive Dangerous Drugs Act of 2002. It discusses that Juan was arrested without a warrant during a drug operation targeting Pedro. It argues that Juan's arrest and the subsequent search of his person were invalid because the police did not have a warrant for his arrest or a warrant to search him. It requests that the court acquit the accused due to the prosecution's failure to prove guilt beyond a reasonable doubt.

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460 views5 pages

Memorandum Ra 9165

The memorandum summarizes a criminal case involving Cornilio Pagador Dullano Jr., who stands accused of violating the Comprehensive Dangerous Drugs Act of 2002. It discusses that Juan was arrested without a warrant during a drug operation targeting Pedro. It argues that Juan's arrest and the subsequent search of his person were invalid because the police did not have a warrant for his arrest or a warrant to search him. It requests that the court acquit the accused due to the prosecution's failure to prove guilt beyond a reasonable doubt.

Uploaded by

JFA
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


7TH JUDICIAL REGION
Branch 1
Cebu City

PEOPLE OF THE PHILIPPINES,


Plaintiff,
Crim. Case No. 12345
- versus - For: Violation of Sec. 5 and 11,
Art 2 of RA No. 9165
Cornilio Pagador Dullano Jr.,
Accused.
x---------------------------------------------------x

MEMORANDUM

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


undersigned counsel , unto this Honorable Court , most respectfully submits the
following as his memorandum.

FACTS OF THE CASE:

Accused Cornilio Pagador Dullano Jr. stands charged for violation of


RA 9165 by virtue of an act instituting the Comprehensive Dangerous Drugs Act of
2002.

On June 23, 2007, a warrant of arrest was issued to PEDRO. He was


then in Cagayan de Oro City for sometime and later came back to Iligan City. PNP
office received a report about the location of PEDRO. Members of PNP assigned
with the Philippine Drug Enforcement Agency and stationed at Camp Tomas Cabili,
Tipanoy, Iligan City formed a team for apprehension of PEDRO. SPO2 Diosdado
Cabahug, SPO2 Edgardo Englatiera, NUP Carlito Ong and together with other
police officers and confidential agents organized 2 teams with a total of 14
members for both teams. One team to execute the warrant of arrest. Another team
as a backup.

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 floorof that house without passing through the ground floor. The executing
team knocked at the door of the second floor and it was opened by Farida, 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 backup 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 his
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 produce 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, Iligan City
By:

MA.SOLEDAD A. MARAMARA
Public Attorney II

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