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Philippine Christian University - College of Law

Legal Research
Exercise in Memorandum of Authorities
SY 2011-12
Assoc. Sol. Erika Frances S. Buluran-Monzon
Instruction: As the handling Associate Solicitor, draft the Memorandum of
Authorities to be filed before the Court of Appeals, based on the following
facts:
On July 19, 2014, at around 11 o'clock in the morning, SPO1 Bobby
Santos of the Philippine Drug Enforcement Agency (PDEA) received reports
from his confidential informant that the notorious Buenaventura Brothers,
namely Leo Buenaventura, alias “Boy Tigas”, Lear Buenaventura alias “Boy
Astig” and Levi Buenaventura alias “Boy Bato”, are about to ride in an hour's
time the MV Peñafrancia at the Manila South Harbor bound for Catanduanes
to transport 5 kilos of shabu, a dangerous drug.
Thus, SPO1 Rico Santos coordinated with the Catanduanes Provincial
Police to intercept the Buenaventura Brothers at the Port of Catanduanes.
Leo or “Boy Tigas” was described as short in height, with stocky body build,
with curly hair Afro-American style, and wearing a green sport shirt, grey
slacks, and oversized sunglasses. Lear or “Boy Astig” was described as also
short in height, also with stocky body build, with curly hair in similar fashion
as Leo, and wearing black shirt, black leather jacket and torn jeans. Levi or
“Boy Bato” was described as of medium height with light body build, with fair
complexion, sporting a long hair and silver nose earring, and wearing black
v-neck shirt, denim jeans and dark aviator's glasses. All three were carrying
suitcases, except for Boy Tigas who was also carrying a black satchel.
Upon disembarking the MV Peñafrancia at the Catanduanes Port, PO3
Rico Reyes immediately spotted the Buenaventura Brothers, who exactly
fitted the description given by SPO1 Santos, as supplied to him by the
confidential informant. Thus, PO3 Reyes and his back-up officer PO1 Andres
Handa approached the three and asked that they open their suitcases for
inspection at the nearby inspection counter. Boy Astig hesitated, but upon
signal from Boy Tigas, the three acceded and proceeded to the counter,
where they opened their respective suitcases. While they were in the
process of opening their suitcases, Boy Bato surreptitiously handed to Boy
Astig the black satchel that he was carrying. Boy Astig then ran outside the
port area and was able to immediately ride a tricycle. However, the tricycle
was intercepted by the Catanduanes Police at the corner, and Boy Astig was
then apprehended and brought to the nearby Virac Police Station, where an
inspection of the black satchel that he was carrying yielded a big plastic bag
containing white crystalline substance.
Meantime, Boy Tigas and Boy Bato were also brought to the Virac
Police Station after a search of their suitcases at the port. Upon arrival at
the police station, Boy Tigas and Boy Bato were asked to remove their
clothing and were bodily searched. Found in a small pocket inside Boy Bato's
boxer shorts were pieces of rolled aluminum foil, which looked like used
shabu paraphernalia, and which a frugal drug addict often reuses several
times.
Thus, the Buenventura Brothers were arrested, with Boy Tigas and Boy

Buluran x---------------------------------------------. which meted out a Judgment dated July 16. while Boy Bato was charged with Illegal Possession of Shabu Paraphernalia. 2015 finding the three guilty beyond reasonable doubt of the crimes charged. Catanduanes. .LEGAL RESEARCH Exercise on Memorandum of Authority Atty. The two cases were filed before the Regional Trial Court of Virac. Erika Frances S.x Astig charged with Illegal Possession of Dangerous Drugs. to which they pleaded “Not Guilty”.

According to them. Moreover. the Buenaventura Brothers assailed the correctness of the July 16. They seem to have been arrested simply because of their appearances. it is so provided under the pertinent anti-drug law that all cases for violations thereunder are to be filed before the appropriate Regional Trial Court regardless of the length of the imposable penalty of imprisonment therefor. at the time they were searched. they were not committing a crime at the time they were searched at the Catanduanes Port. the Buenaventura Brothers. they were in fact committing a crime . there was a valid warrantless search over the persons and properties of the Buenaventura Brothers. oO Nothing Follows Oo . That it is already too late in the day for Boy Bato to question his conviction and the jurisdiction of the trial court over the offense filed against him. Also. the PDEA no longer had ample time to secure a search warrant over the three. as the said offense is punishable by less than 6 years of imprisonment..LEGAL RESEARCH Exercise on Memorandum of Authority Atty. illegal possession and transportation of dangerous drugs. filed a notice of appeal. who were bound to ride a moving vehicle.e. Hence. In its Appellee's Brief. 2015. they alleged that the Regional Trial Court of Catanduanes has no jurisdiction over the case for Illegal Possession of Drug Paraphernalia filed against Boy Bato. the People. pursuant to the ruling of the Supreme Court in Tijam v. i. Contrary to the findings of the trial court. as PO3 Reyes and PO1 Handa were not armed with a search warrant at the time they were searched. Moreover.x On August 5. certainly. as conviction was already meted out by the trial court. Boy Tigas and Boy Astig should not have been convicted of Illegal Possession of Dangerous Drugs because the shabu found inside Boy Tigas' suitcase was a product of an illegal search. Sibonghanoy. wearing a leather jacket or oversized sunglasses in the middle of the day.illegal possession and transportation of dangerous drugs. 2015 Judgment convicting them of the crimes charged. through counsel. 2015. Buluran x---------------------------------------------. through the OSG. Erika Frances S. or sporting Afro hairstyle or a nose earring is not a crime. countered that at the time the police were alerted of the illegal activities of the Buenaventura Brothers. In their Appellant's Brief dated September 7.