Trial Memo
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Pasig City
PEOPLE OF THE PHILIPPINES, Plaintiff,
-vesus- Crim. Case No. 12345-H Violation of R.A. 6539 (Anti-Carnapping Act)
ROMULO TAKAD, Accused.
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DEFENDANT`S MEMORANDUM
Defendant, by counsel, respectfully submits its memorandum in the case:
The Case
The prosecution, through the undersigned Public Prosecutor, charges Romulo Takad with the crime of violation of R.A. 6539 (Anti-Carnapping Act) by alledging that the accused, with intent to gain and without the knowledge and consent of the owner, did, then and there willfully, unlawfully and feloniously take, steal and drive away a Kawasaki motorcycle with sidecar, colored black, bearing plate No. TU-9952, with a value of P80,000.00 belonging to Bayan Development Corporation, represented by Zenny Aguirre, to the damage and prejudice of the latter. Romulo Takad, accused, denied this charge on his testimonies. The accused opted not to avail of his right to a preliminary investigation and not having executed a waiver of Article 125 of the Revised Penal Code.
The Facts
On March 2003, a KASUNDUAN was made between BAYAN DEVELOPMENT CORPORATION and SCCPPTODA 2 (SAMAHAN). Pursuant to the Kasunduan, a loan to be paid in regular installments amounting to P80,000.00 was extended to Ma. Teresa Lacsamana on May 2003 and such must be used to buy a tricyle which the former did and was actually granted the Certificate of Registration of a tricycle in her name. Lacsamana defaulted and her last payment as testified by Zenny Aguirre, the account officer of the BDC, was on July 2003. As stipulated and agreed upon by the parties in the Kasunduan, BDC pulled out the tricycle on October 2, 2003 due to default in payment by Lacsamana and was then given under the custody of the treasurer of the SAMAHAN, Ricardo Marasigan for management. Lacsamana,
REGIONAL TRIAL COURT
National Capital Judicial Region
Pasig City
PEOPLE OF THE PHILIPPINES, Plaintiff,
-vesus- Crim. Case No. 12345-H Violation of R.A. 6539 (Anti-Carnapping Act)
ROMULO TAKAD, Accused.
x----------------------------------------------------------------------------------x
DEFENDANT`S MEMORANDUM
Defendant, by counsel, respectfully submits its memorandum in the case:
The Case
The prosecution, through the undersigned Public Prosecutor, charges Romulo Takad with the crime of violation of R.A. 6539 (Anti-Carnapping Act) by alledging that the accused, with intent to gain and without the knowledge and consent of the owner, did, then and there willfully, unlawfully and feloniously take, steal and drive away a Kawasaki motorcycle with sidecar, colored black, bearing plate No. TU-9952, with a value of P80,000.00 belonging to Bayan Development Corporation, represented by Zenny Aguirre, to the damage and prejudice of the latter. Romulo Takad, accused, denied this charge on his testimonies. The accused opted not to avail of his right to a preliminary investigation and not having executed a waiver of Article 125 of the Revised Penal Code.
The Facts
On March 2003, a KASUNDUAN was made between BAYAN DEVELOPMENT CORPORATION and SCCPPTODA 2 (SAMAHAN). Pursuant to the Kasunduan, a loan to be paid in regular installments amounting to P80,000.00 was extended to Ma. Teresa Lacsamana on May 2003 and such must be used to buy a tricyle which the former did and was actually granted the Certificate of Registration of a tricycle in her name. Lacsamana defaulted and her last payment as testified by Zenny Aguirre, the account officer of the BDC, was on July 2003. As stipulated and agreed upon by the parties in the Kasunduan, BDC pulled out the tricycle on October 2, 2003 due to default in payment by Lacsamana and was then given under the custody of the treasurer of the SAMAHAN, Ricardo Marasigan for management. Lacsamana,