5 Memorandum - Accused

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF LANAO DEL NORTE
12th Judicial Region
Branch I
Iligan City
PEOPLE OF THE PHILIPPINES,
Plaintiff, CRIMINAL CASE NO. 21458
FOR VIOLATION OF RA 9165
-versus-
JAMES BANDERA,
Accused.
x----------------------------------------/
MEMORANDUM FOR THE ACCUSED

COMES NOW THE ACCUSED in the above – entitled case, by the undersigned counsel, unto
this Honorable Court, most respectfully submits the following as her memorandum.
FACTS OF THE CASE:
Accused JAMES BANDERA stands charged for violation of RA 9165 by virtue of an act
instituting the Comprehensive Dangerous Drugs Act of 2002.
On June 23, 2007, a warrant of arrest was issued to Lauro. He was then in
Cagayan de Oro City for some time and later came back to Iligan City. PNP office received a report
about the location of Lauro. Members of PNP assigned with the Philippine Drug Enforcement Agency
and stationed at Camp Tomas Cabili, Tipanoy, Iligan City formed a team for apprehension of Lauro .
SPO2 James Yap, SPO2 Ed Anggara , NUP Carl Yap and together with other police officers and
confidential agents organized 2 teams with a total of 14 members for both teams. One team to
execute the warrant of arrest. Another team as a back-up.
On May 1, 2008 at 8pm the two teams conducted a drug operation at Purok 1 , Brgy.
Tambacan, Iligan City for two (2) reasons :
1) To execute the warrant of arrest of Lauro for for Violation of RA 9165 with no
bail recommended.
2) To arrest JAMES BANDERA if PNP – PDEA got evidence that he was also repacking Shabu.
PNP received information that the 2 of them – Lauro & JAMES BANDERA were repacking Shabu.
The executing team passed through the ground stair that went directly to the second floor of that
house without passing through the ground floor. The executing team knocked at the door of the
second floor and it was opened by Betty, the aunt of JAMES BANDERA. The team identified
themselves as PDEA members. Lauro noticed the presence of the raiding team and he immediately
escaped atthe back door and run away to elude arrest leaving behind his companion James, the
owner of the house. The team didn’t know that Lauro was no longer there.
They checked the three rooms except for a padlocked room and Lauro was nowhere to be
seen. James runs away through the back door. The backup team found JUAN downstairs. He was
frisked. Cesar Regencia seized and recovered nine (10) plastic sachets of Methamphetamine
Hydrochloride or Shabu weighing more or less 11 gms. inside the pocket of Juan. The back up team
suddenly informed the executing team that they were able to arrest JUAN and brought him back
upstairs. Note that the team was only equipped with a warrant of arrest for Lauro, not a warrant of
arrest for JUAN. They let JUAN opened the padlocked door and found out paraphernalia of
SHABU scattered on the floor of the room . JUAN was previously arrested by elements of PNP
assigned with the Philippine Drug Enforcement Agency on June 22, 2005 docketed in criminal case
No. 11784 for violation of RA 9165 . He pleaded guilty and was convicted. His penalty was 6 months
of rehabilitation.
ISSUES:
1. Whether or not, the arrest of JUAN was valid without a warrant of arrest.
2. Whether or not the search on JUAN was valid without a search warrant.
DISCUSSION :
Whether or not, the arrest of JUAN was valid without a warrant of arrest. The ARREST
OF JUAN WAS NOT VALID because there was no warrant of arrest for Juan.
Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense. An arrest is made by an actual restraint of a person to be arrested or by
his submission to the custody of the person making the arrest.
Arrest maybe made:
a) WITH A WARRANT
b) WITHOUT A WARRANT
JUAN was arrested without a warrant.
A peace officer may lawfully arrest a person without a warrant in the following conditions:
1) When, in his presence, the person to be arrested has committed, is actually committing, or
is attempting to commit an offense.
2) When an offense has just been committed and he has a probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed
it.
3) When the person to be arrested is a prisoner who has escaped form a penal
establishment or place where he is serving final judgment or temporarily confined while hi
case is pending or has escaped while being transferred from one confinement to another.
In the case at bar:
1) JUAN HAS NOT COMMITTED, IS NOT actually committing, or IS NOT attempting to commit
an offense.
2) The PEACE OFFICER CANNOT ESTABLISH A PROBABLE CAUSE that he has a personal
knowledge that JUAN has just committed an offense for JUAN to be arrested.
3) JUAN IS NOT A PRISONER who has escaped form a penal establishment or place where he is
serving final judgment or temporarily confined while his case is pending or has escaped
while being transferred from one confinement to another.
JUAN CANNOT BE LAWFULLY ARRESTED WITHOUT A WARRANT OF ARREST because he doesn’t
fulfill the above 3 conditions for one to be lawfully arrested without a warrant of arrest. After
knowing that LaurO was nowhere to be found, the team should have left the house and pursued
Lauro who escaped since he was the person specified in the warrant of arrest.
THE SECOND ISSUE IS whether or not the search on JUAN was valid without a search warrant.
A SEARCH WARRANT is an order in writing issued in the name of THE PEOPLE OF THE PHILIPPINES,
signed by a judge and directed to a peace officer, commanding him to search for personal property
and bring it before the court. A search warrant may be for the search and seizure of personal
property a) subject of the offense b) stolen or embezzled and other proceeds or fruits of the offense
c) used or intended to be used as the means of committing an offense.
A search warrant is issued upon probable cause in connection with one specific offense to
be determined personally by the judge after examination under oath or affirmation of the
complainant and witnesses he may produce, particularly describing the place to be searched and the
things to be seized which may be anywhere in the Philippines.
In the case at bar PNP- PDEA TEAM HAS:

1) NO LAWFUL RIGHT TO SEARCH for JUAN’s body for SHABU because the team has NO SEARCH
WARRANT FOR JUAN
2) NOBODY FORMALLY FILED A COMPLAINT against JUAN for allegedly repacking SHABU, (repacking
of SHABU was just a hearsay information of the raiding team) .
THEREFORE, PNP- PDEA team,
HAS NO LAWFUL RIGHT TO SEARCH FOR PARAPHERNALIA OF SHABU BECAUSE THEY HAVE
NO SEARCH WARRANT.
The two issues presented violated Sec. 2 Article III of the BILL OF RIGHTS.
Sec 2 states the right of the people to be secure in their persons, houses, papers and
effects against unreasonable searches and seizures of whatever nature and for any
purposes shall be inviolable . No search warrant or warrant of arrest shall issue except
upon probable cause to be determined personally by the judge after examination
under oath or affirmation of the complainant and witnesses he may produced
describing the place to be searched and persons or things to be seized.
WHEREFORE, PREMISES CONSIDERED, it is respectfully prayed of this Honorable
Court that the accused be acquitted from the present charge for failure of the prosecution
to prove his guilt beyond reasonable doubt. Iligan City, Philippines, August 24, 2012
PUBLIC ATTORNEY’S OFFICE
Hall of Justice, Iligan City
By:
JOBELLE S. VILLAMOR
Public Attorney II

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF LANAO DEL NORTE

12th Judicial Region

PEOPLE OF THE PHILIPPINES,

Plaintiff, CRIMINAL CASE NO. 21458

FOR VIOLATION OF RA 9165

MEMORANDUM FOR THE ACCUSED

FACTS OF THE CASE:

execute the warrant of arrest. Another team as a back-up.

Tambacan, Iligan City for two (2) reasons :

commission of an offense. An arrest is made by an actual restraint of a person to be arrested or by

his submission to the custody of the person making the arrest.

Arrest maybe made:

JUAN was arrested without a warrant.

is attempting to commit an offense.

establishment or place where he is serving final judgment or temporarily confined while hi

In the case at bar:

while being transferred from one confinement to another.

JUAN CANNOT BE LAWFULLY ARRESTED WITHOUT A WARRANT OF ARREST because he doesn’t

c) used or intended to be used as the means of committing an offense.

things to be seized which may be anywhere in the Philippines.

In the case at bar PNP- PDEA TEAM HAS:

WARRANT FOR JUAN

of SHABU was just a hearsay information of the raiding team) .

THEREFORE, PNP- PDEA team,

upon probable cause to be determined personally by the judge after examination

under oath or affirmation of the complainant and witnesses he may produced

describing the place to be searched and persons or things to be seized.

WHEREFORE, PREMISES CONSIDERED, it is respectfully prayed of this Honorable

Hall of Justice, Iligan City

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