Accused Memorandum Sample
Accused Memorandum Sample
-versus-
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ACCUSED MEMORANDUM
COMES NOW, Accused HENRY CHAO by counsel unto this
Honorable Court, respectfully aver:
STATEMENT OF FACTS
3. However, upon the respective due dates of the five (5) checks
issued by Accused Chao, Private Complainant Que deposited
each of them to his Savings Account at BOD Bank, Manila, but
all of them were dishonored by the drawee, Alloy Bank, for the
reason of “Account Closed”;
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(5) days to make good of his promise; nevertheless, the said
obligation remained unpaid;
ISSUES
DISCUSSION
6. In the case of Isip vs. People, G.R. No. 170298, June 26, 2007,
the Supreme Court held, to wit:
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7. In the instant case, it was filed before this Honorable Court, in
Metropolitan Trial Court of Manila. The issuance of Accused
Chao of the five (5) checks was at the principal residence of
Private Complainant Que in Mandaluyong City and not in the City
of Manila;
9. In view thereof, the Honorable Court should dismiss the case for
lack of jurisdiction as the Metropolitan Trial Court of
Mandaluyong City has jurisdiction over the instant case.
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12. Thus, the Prosecution failed to prove the entirety of its case. It is
an elementary rule in evidence that evidences that are not
offered is considered as no evidence at all. Section 34 of Rule
132 of the Rules of Court reads, to wit:
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13. Assuming without admitting that the Prosecution was able to
prove the entirety of its case, the Prosecution failed to prove
beyond reasonable doubt the elements of Batas Pambansa Blg.
22;
15. That the elements of the above-quoted offense are the following:
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because of insufficient funds in or credit with such
bank, when presented within ninety (90) days from
the date of the check, shall be prima facie evidence
of knowledge of such insufficiency of funds or credit
unless such maker or drawer pays the holder
thereof the amount due thereon, or makes
arrangements for payment in full by the drawee of
such check within five (5) banking days after
receiving notice that such check has not been paid
by the drawee.’’
18. In the case at bar, the Prosecution failed to prove that Accused
Chao indeed received the letter sent by them last January 2,
2012. Private Complainant Que merely presumed that Accused
Chao received the said letter. His testimony reads, to wit:
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19. The Prosecution has the burden of proving that the accused
received the notice of dishonor in B.P. 22 cases. In the case of
Alferez vs. People, G.R. No. 182301, Januray 31, 2011, the
Supreme Court held, to wit:
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In this case, the prosecution merely presented a copy
of the demand letter, together with the registry receipt
and the return card, allegedly sent to petitioner.
However, there was no attempt to authenticate or
identify the signature on the registry return card.
Receipts for registered letters and return receipts do
not by themselves prove receipt; they must be
properly authenticated to serve as proof of receipt of
the letter, claimed to be a notice of dishonor. To be
sure, the presentation of the registry card with an
unauthenticated signature, does not meet the
required proof beyond reasonable doubt that
petitioner received such notice. It is not enough for
the prosecution to prove that a notice of dishonor was
sent to the drawee of the check. The prosecution
must also prove actual receipt of said notice,
because the fact of service provided for in the law is
reckoned from receipt of such notice of dishonor by
the drawee of the check. The burden of proving
notice rests upon the party asserting its existence.
Ordinarily, preponderance of evidence is sufficient to
prove notice. In criminal cases, however, the
quantum of proof required is proof beyond
reasonable doubt. Hence, for B.P. Blg. 22 cases,
there should be clear proof of notice. Moreover, for
notice by mail, it must appear that the same was
served on the addressee or a duly authorized agent
of the addressee. From the registry receipt alone, it
is possible that petitioner or his authorized agent did
receive the demand letter. Possibilities, however,
cannot replace proof beyond reasonable doubt. The
consistent rule is that penal statutes have to be
construed strictly against the State and liberally in
favor of the accused. The absence of a notice of
dishonor necessarily deprives the accused an
opportunity to preclude a criminal prosecution. As
there is insufficient proof that petitioner received the
notice of dishonor, the presumption that he had
knowledge of insufficiency of funds cannot arise.
20. Ergo, the Prosecution failed to prove that Accused Chao knows
at the time of the issuance that he does not have sufficient funds
in, or credit with, the drawee bank for the payment of the check
in full upon its presentment;
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PRAYER
Assisted by:
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COPY FURNISHED/EXPLANATION:
CLERK OF COURT
METC – Branch 1
Manila
BEN QUE
Private Complainant
Mandaluyong City
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