REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
PASIG CITY
PEOPLE OF THE PHILIPPINES
Plaintiff,
CRIM. CASE NO. 12345-H
-versusViolation of R.A. 6539
(Anti-Carnapping Act)
ROMULO TAKAD,
Accused.
x---------------------------------------------x
MEMORANDUM FOR THE PROSECUTION
The Prosecution, unto this Honorable Court, most
respectfully states:
STATEMENT OF FACTS
On November 21, 2007, at around 1:00 in the morning, at 84
West Road, Maybunga, Pasig City, one ROMULO TAKAD, 43 years
old, married, and residing at 374 Villa Street, Palatiw, Pasig City
was apprehended for violating R.A. 6539 (Anti-Carnapping Act)
TAKAD was alleged to have wilfully, unlawfully and
feloniously taken a Kawasaki motorcycle with sidecar, color black
and bearing the plate No. TU-9952, with a value of P80,000.00
belonging to Bayan Development Corporation.
At around 1:00am, on this date, one Carlos Parlade went
home to his house located at 84 West Road, Maybunga, Pasig City
and found that he had lost a tricycle belonging to Dayan
Development Corporation (BDC). Parlade had just entered his
house to change clothes as it was raining at the time of his
arrival. After changing, he went out to chain the tricycle but saw

that someone was pushing the tricycle away. Parlade shouted at

the man whom he pointed out as TAKAD, Hoy, bat dala-dala mo
iyang motor. The accused turned and faced Parlade then kicked
start the engine and then drove away. Parlade ran after the
accused but was unable to catch him. After which, Parlade
reported the theft of the tricycle to Ms. Zenny Aguirre, the
account officer of BDC and they looked for the tricycle the whole
night to no avail.
Upon testimony of Ms. Zenny Aguirre, the abovementioned
motorcycle was subject of a chattel mortgage for a loan obtained
by the accuseds live-in partner, Ma. Teresa Lacsamana. BDC
extended a group loan amounting to P480,000.00 to Lacsamana
in May 2003 in which her share was P80,000.00 payable in 30
months. After the loan was granted, BDC released the tricycle to
Lacsamana and Takad. The Official Receipt and the Car
Registration then registered under Lacsamanas name.
Lacsamana then defaulted in her payment which prompted BDC
to pull out the tricycle from her on October 2, 2007. Under the
Kasunduan, if the borrower was unable to pay, the tricycle could
be pulled out from him. The tricycle was then given to the
treasurer of the group, Mr. Ricardo Marasigan for him to manage
for 15 days. Lacsamana and Aguirre entered into an agreement
which would allow Lacsamana until October 17, 2007 to redeem
the motorcycle by paying the loan, otherwise BDC would
permanently repossess the tricycle. Again, Lacsamana failed to
comply with her undertaking which prompted BDC to permanently
repossess the tricycle.
On October 22, 2007, Lacsamana and the accused Takad
went to BDC to pay the outstanding balance of her loan so the
tricycle could be released to them. Aguirre did not allow them to
pay for the outstanding balance which prompted Takad to say
Huwag na huwag kong makikita ang tricycle sa Pasig. On
November 20, it was then given to a new assignee, Carlos
Parlade. However, the witness Aguirre could not produce the deed
of assignment because prior to drawing up of one, Parlade
reported to her that the tricycle went missing.

ISSUES
The memorandum will discuss the following issues:
I.

II.

Whether or not there was carnapping in this case? (Guys,

ang gusto ko sana i-point out ditto, hindi pa kasi si Parlade
ang owner and si Lacsamana ang owner pa dahil sakanya
pinangalan ang OR and CR pero binawi sa kanila dahil di
sila nagbayad)
Whether or not BDC is the owner of the stolen tricycle?
(Pakiayos na lang guys)
ARGUMENTS AND DISCUSSION

PRAYER
WHEREFORE, in view of the foregoing, the prosecution
earnestly prays that the accused ROMULO TAKAD be adjudged
and declared beyond reasonable doubt for violating R.A. 6539
(Anti-Carnapping Act).
The prosecution prays for such other reliefs and remedies
that are just and equitable under the premises.
RESPECTFULLY SUBMITTED.
City of Manila, Metro Manila, Philippines, January 5, 2015.

OFFICE OF THE CITY

PROSECUTOR
Manila City Hall
nd
2 flr. Antonio Villegas St. Ermita,
Manila
By:
RUFINO GERARD M.
MORENO III
Assistant City Prosecutor
Roll No. 12345 / 5-2-15
IBP No. 112233 / 12-29-15
MCLE Exempt
PTR Exempt
And
ANGELINE B.
BUENAVENTURA
Assistant City Prosecutor
Roll No. 67890 / 5-25-15
IBP No. 445566 / 5-25-07
MCLE Exempt
PTR Exempt
And
RYLE SCOTT MANCIA

Assistant City Prosecutor

Roll No. 67890 / 5-25-15
IBP No. 445566 / 5-25-07
MCLE Exempt
PTR Exempt
Copy furnished:
ATTY. FREDERICK XAVIER LIM
Counsel for the Defense
Room 527, RCBC Tower I
Ayala Ave. Cor. Buendia Ave.
Makati City
And
ATTY. MICHELLE LAE VELASCO
Counsel for the Defense
Room 527, RCBC Tower I
Ayala Ave. Cor. Buendia Ave.
Makati City