PEOPLE OF THE PHILIPPINES,

Plaintiff,
-versus-
PEDRO C. LIM, ET. AL,
Accused.
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MEMORANDUM FOR THE PROSECUTION
The People, by the undersigned prosecutors, and
unto this Honorable Court, respectfully submits this
Memorandum as follows:
PREFATORY STATEMENT
In the evening of November 14, 1994, Atty. Eugene
Tan, former President of the Integrated Bar of the
Philippines and his driver Eduardo Constantino were
abducted by the accused, acting in conspiracy with
one another. The victims were forcibly abducted in
Alabang, Muntinlupa and were brought to Cavite
where they were shot to death and found in a
shallow grave. The accused were then charged for
kidnapping and two counts of murder. The
prosecution humbly states and takes the position that
it has presented competent witnesses, clear,
convincing and sufficient evidence to prove beyond
reasonable doubt that accused are guilty of
committing the crime charged and that the accused
miserably failed to present any evidence that could
even raise an iota of doubt as to their guilt of the
offenses charged. The Supreme Court has once said
that violent death or brutal killing not only steals from
the family of the deceased his precious life, deprives
them forever of his love, affection and support, but
often leaves them with the knowing feeling that an
injustice has been done to them (People vs. Caraig,
400 SCRA 67).
I. STATEMENT OF FACTS
During the course of the trial, the Prosecution,
through its witnesses were able to establish the
following facts:
1. On December 13, 1994 the Department of
Justice issued a resolution in the Preliminary
investigation of the case docketed as IS No. 94-557
finding probable cause against Pedro Lim, Bonifacio
Roxas, Rodolfo Ochoa, Reynaldo de los Santos,
Venerando Ozores, Toto Mirasol, Mariano Hizon,
Eugenio Hizon, Capt. Alfred Abad and Eugene Yu
were charged with an information on November 14,
1994. The said information read:
“With intent to kill, qualified by treachery, evident
premeditation, taking advantage of superior strength,
with the aid of armed men or by a band, or by
employing means or persons to ensure or afford
impunity and with the use of a motor vehicle,
consideration of price, reward or promise, conspiring,
confederating and mutually helping one another,
did then there willfully, unlawfully and feloniously
abduct the (two victims herein), and thereafter,
attack, assault and use violence upon the persons by
shooting with a firearm thereby causing
instantaneous death.”
2. Subsequently, an amended Information was
filed against the same accused before this
Honorable Court on December 16 and 17,
1994. While under the custody of the Presidential
Anti-Crime Commission (PACC) the accused Ochoa
and De los Santos agreed to become state witnesses
and thereafter executed separate sworn statements
implicating Eugene Yu and the other accused as to
the latter’s participation in the crime. During the
Preliminary Investigation accused Reynaldo de los
Santos and Rodolfo Ochoa were discharged as state
witnesses.
The discharge of Delos Santos and Ochoa were
questioned before the Court of Appeals and the
Supreme Court by the other accused. The Court of
Appeals and the Supreme Court, however, upheld
the decision of the Department of Justice to
discharge De los Santos and Ochoa as state
witnesses.
The gist of the testimonies of witnesses De los Santos
and Ochoa are as follows:
Accused Pedro Lim was the one who brought funds
for the operation. That he also provided the team led
by accused Roxas with the Nissan Datsun car
sometime in September and November 1994 in the
surveillance operation made by the team against the
alleged “financier ng pula” who turned out to be the
victim Atty. Eugene Tan.
That sometime in the first week of November 1994
they saw and overheard accused Pedro Lim talking
to Capt. Abad and Roxas about their plan to finish
the surveillance operation and get the “financier ng
pula” as soon as possible and that the same Datsun
Car was used by the same team in the abduction
and the killing of the victims.
Sgt. Edgar “Butch” Abalon, an intelligence operative
for the Philippine Air Force, assigned to the 520th Air
Base Wing, Office of the Directorate for Intelligence
“ODI” who was not included in the information
testified on the following matter. That he came to
know Peter Lim and Eugene Yu when he and his
companions from the ODI responded to a comrades’
distress call at the Sanctuario de San Jose Church at
Greenhills, San Juan, Metro Manila. The call was
about a conflict between siblings Atty. Gilda Lim and
Pedro and Patricia Lim on the other hand. Sgt.
Abalon was told by his companions that some of
them were providing security services to Patricia Lim
upon orders of Capt. Abad.