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Memorandum Prosecution
Memorandum Prosecution
MEMORANDUM
(for the Prosecution)
The STATE, by the undersigned prosecutor, and in compliance with the Order of
this Honorable Court, respectfully submits this Memorandum in support of its case, and,
states:
This is a Criminal Action for the violation of Section 5, Article II of Republic Act
No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.
1
Sec. 5, RA No. 9165
People of the Philippines v. Juan dela Cruz Page 2 of 5
Crim. Case No. 12345
For: Violation of Sec. 5 Art 2 of RA No. 9165 (Selling of Dangerous Drugs)
STATEMENT OF FACTS
As culled from the Criminal Complaint2 filed by the apprehending team dated
March 12, 2019, the following are the factual antecedents of the case:
“On March 4, 2019, at around 10:00 o’clock in the morning, Senior Insp. Ricardo Dalisay, chief of
Iligan City Police Station 1 Ricardo received an intelligence report about the illegal drug activities in
Saray-Tibanga, Iligan City of a certain "Joe," who later turned out to be accused Juan dela Cruz.
A surveillance team under the supervision of Senior Insp. Ricardo Dalisay looked for a police asset
to negotiate a drug deal with accused. In the morning of March 6, 2019, the surveillance team
reported to Senior Insp. Ricardo Dalisay that a confidential asset found by the team had already
negotiated a drug deal for the purchase of ₱200 worth of shabu from accused at the latter’s
house at No. 123 Sabayle Street, Brgy. Saray, Iligan City between 7:00 and 7:30 in the evening
of March 6, 2019. The surveillance team then prepared for a buy-bust operation, with PO3 Rigor
Soriano as team leader, and PO1 Mark Vargas, who was provided with two (2) marked ₱100-
bills, as poseur-buyer. At the appointed time and place, PO1 Vargas and the confidential
informant proceeded to accused’s house and knocked at the door. Accused opened the door and
the confidential informant introduced to him PO1 Vargas as a prospective buyer. PO1 Vargas
later handed the two (2) marked ₱100-bills to accused who, in turn, gave him a plastic sachet of
shabu. Thereupon, PO1 Vargas sparked his cigarette lighter, which was the pre-arranged signal
to the other members of the buy-bust team that the sale was consummated. Accused was
arrested and the two marked ₱100-bills recovered from him. Upon laboratory examination of the
item bought from accused, the same yielded positive for methylampetamine hydrochloride or
shabu weighing 0.041 gram.”
Contrary to law.”
Duly arraigned on March 25, 2019, accused pleaded "Not Guilty" to the crime
charged.
2
Attached to Record of Case
3
Attached to Record of Case
4
Attached to Record of Case
People of the Philippines v. Juan dela Cruz Page 3 of 5
Crim. Case No. 12345
For: Violation of Sec. 5 Art 2 of RA No. 9165 (Selling of Dangerous Drugs)
ISSUES TO BE RESOLVED
I.
Whether or not accused is guilty beyond reasonable doubt of
Violation of Section 5, Article II of Republic Act 9165.
II.
Whether or not there was a valid entrapment.
ARGUMENTS/DISCUSSIONS
5
G.R. No. 185721, September 28, 2011, 658 SCRA 305
People of the Philippines v. Juan dela Cruz Page 4 of 5
Crim. Case No. 12345
For: Violation of Sec. 5 Art 2 of RA No. 9165 (Selling of Dangerous Drugs)
Chemist Dela Rosa of the PNP Crime Laboratory ultimately certified that the contents of
the plastic sachet were examined and found to be 0.41 grams of methamphetamine
hydrochloride or shabu, a dangerous drug. And, thirdly, the Prosecution presented
the shabu, the two (2) marked ₱100.00 bill, and Chemist Dela Rosa’s Physical Sciences
Report No. D-1038-03 at the trial.
Here, the mere fact that the authorities deceived accused into believing that the
former were buyers of shabu does not exculpate the latter from liability for selling the
prohibited drugs. The police can legitimately feign solicitation to catch criminals who
habitually engage in the commission of the offense.
Moreover, the defense that the accused was framed by the apprehending officer
can be easily fabricated and not acceptable for accused being a drug pusher or seller
almost always uses such defense. For the defense of having set up or framed up to
prosper, the evidence adduced must be clear and convincing. Like alibi, it is a weak
defense, that is easy to concoct and is difficult to prove.
6
Adm. Mat. R-278-RTJ & R 309-RTJ, May 30, 1986, En Banc, Per Curiam, 142 SCRA 124
7
142 SCRA 534, 1986
People of the Philippines v. Juan dela Cruz Page 5 of 5
Crim. Case No. 12345
For: Violation of Sec. 5 Art 2 of RA No. 9165 (Selling of Dangerous Drugs)
But the more important consideration is the fact that accused was positively
identified by the prosecution witness. This should prevail over his denial and
inadmission of having committed the crime for which he was charged, since greater
weight is generally accorded to the positive testimony of the prosecution witnesses than
the accused's denial. As between the positive declaration of the prosecution witnesses
and the negative statement of the accused, the former deserves more credence.
RELIEFS SOUGHT
By:
Alyana R. Arevalo-Dalisay
City Prosecutor
PTR NO.576503; 01/20/12; Iligan
IBP NO. 802969; 12/15/12; Iligan
Roll No. 34951
MCLE Compliance No. III-0014957; 05/05/12
Office of the City Prosecutor
Hall of Justice, Iligan City