a.

SAMPLE INTERNAL LEGAL MEMORANDUM

MEMORANDUM

To: Chief Prosecutor

From: Assistant Prosecutor
Date: November 4, 2016
RE: Poncio Pilato case –reckless driving with serious physical injuries

ISSUE PRESENTED
This memo accounts on the issue whether Mr. Poncio Pilato may be charged for
reckless driving (under the influence of liquor) resulting to physical injuries when he run
his vehicle pass a red light and subsequently hit Mr. Juan dela Cruz who was then
passing a pedestrian lane.
SHORT ANSWER
Yes. Mr. Poncio Pilato may be charged for reckless driving resulting to serious
physical injuries. A witness traffic enforcer stated that Mr. Pilato did beat a red light and
hit Mr. dela Cruz.
STATEMENT OF FACTS
On October 14, 2016, Mr. Poncio Pilato drove along East Avenue and passed a
red light on the intersection of BIR Road. He then hit the complainant, Mr. Juan dela
Cruz, while the latter was passing the pedestrian lane trusting the green signal for
pedestrian.
Mr. dela Cruz’s body flew to about 30 meters (2 lamp posts) difference from the
pedestrian lane while Mr. Pilato stopped his car 10 meters away from it. A traffic
enforcer who saw the whole incident immediately went to the scene to assist the victim
who was delivered to East Avenue Medical Hospital with the help of other concerned
citizens. The traffic enforcer also checked on the driver of the car. When the driver went
out and talked to the enforcer, the latter smelled the reeks of alcohol coming from the
mouth of the driver. The enforcer asked for the license of the driver who in turn clattered
all his belongings first before finding and presenting his non-professional driver’s
license.
Two police officers came to the scene and brought Mr. Pilato also to East
Avenue Medical Hospital to be tested for intoxication which resulted to 0.7% blood
alcohol content level. Meanwhile, the hospital found that the victim fractured his ribs and
his right leg which was the point of impact with the vehicle. Several more bruises are to
be found all over the victim’s body. The hospital further stated that the victim may not be
able to move for a few weeks or months.
DISCUSSION
As witnessed by the traffic enforcer, Mr. Pilato beat the red light while crossing
the intersection of East Avenue and BIR Road which is itself a violation of traffic rules
that may be considered as reckless driving as it may affect other people or vehicle
passing the same intersection.
For the vehicle to stop 10 meters away from the pedestrian lane means that the
vehicle was not able to stop immediately at the point of impact, meaning further that the
driver is running on a fast speed which explains the distance of the body of the victim
from where it originally was located.
When the enforcer asked for the license of the driver who, before finding his
license, needed to clatter all his belongings first, and the reeks of alcohol from his
mouth indicate his drunkenness. The positive test results from the hospital proved such
theory of the traffic enforcer.
Republic Act No. 10586 (“Anti-Drunk and Drugged Driving Act of 2013”) provides
the following:
Sec. 5 Punishable Act – “it shall be unlawful for any person to drive a motor
vehicle while under the influence of alcohol, dangerous drugs and/or other
similar substances”.
Sec. 12 Penalties – “a driver found to have been driving a motor vehicle while
under the influence of alcohol, dangerous drugs and/or similar substances, as
provided for under Section 5 of this Act shall be penalized as follows:
(a) If the violation of Section 5 did not result in physical injuries or homicide, the
penalty of three (3) months imprisonment, and a fine ranging from Twenty
thousand pesos (PhP20,000.00) to Eighty thousand pesos (Php 80,000.00)
shall be imposed;
(b) If the violation of Section 5 resulted in physical injuries, the penalty provided
in Article 263 of the Revised Penal Code or the penalty provided in the next
preceding subparagraph, whichever is higher, and a fine ranging from One
hundred thousand pesos (PhP100,000.00) to Two hundred thousand pesos
(Php200,000.000) shall be imposed”;
xxx

(d) The nonprofessional driver’s license of any person found to have violated
Section 5 of this Act shall also be confiscated and suspended for a period of
twelve (12) months for the first conviction and perpetually revoked for the
second conviction. The professional driver’s license of any person found to have
violated Section 5 of this Act shall also be confiscated and perpetually revoked
for the first conviction. The perpetual revocation of a driver’s license shall
disqualify the person from being granted any kind of driver’s license thereafter.
 The prosecution for any violation of this Act shall be without prejudice to criminal
prosecution for violation of the Revised Penal Code, Republic Act No. 9165 and
other special laws and existing local ordinances, whenever applicable.

Article 263 (Serious physical injuries) of the Revised Penal Code provides that
“Any person who shall wound, beat, or assault another, shall be guilty of the crime of
serious physical injuries and shall suffer:
1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the
injured person shall become insane, imbecile, impotent, or blind;
2. The penalty of prision correccional in its medium and maximum periods, if in
consequence of the physical injuries inflicted, the person injured shall have lost the use
of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an
arm, or a leg or shall have lost the use of any such member, or shall have become
incapacitated for the work in which he was therefor habitually engaged;
3. The penalty of prision correccional in its minimum and medium periods, if in
consequence of the physical injuries inflicted, the person injured shall have become
deformed, or shall have lost any other part of his body, or shall have lost the use thereof,
or shall have been ill or incapacitated for the performance of the work in which he as
habitually engaged for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period, if the physical injuries inflicted shall have caused the illness or
incapacity for labor of the injured person for more than thirty days.chanrobles virtual law
library
If the offense shall have been committed against any of the persons enumerated in
Article 246, or with attendance of any of the circumstances mentioned in Article 248, the
case covered by subdivision number 1 of this Article shall be punished by reclusion
temporal in its medium and maximum periods; the case covered by subdivision number
2 by prision correccional in its maximum period to prision mayor in its minimum period;
the case covered by subdivision number 3 by prision correccional in its medium and
maximum periods; and the case covered by subdivision number 4 by prision
correccional in its minimum and medium periods.
The provisions of the preceding paragraph shall not be applicable to a parent who shall
inflict physical injuries upon his child by excessive chastisement.chanrobles virtual law
library.”

Mr. Pilato’s test for intoxication resulted to 0.7% blood alcohol content (BAH) which
exceeded 0.05 percent limit (Placido, Some facts on the new anti-drunk Driving Law,
ABS-CBN, March 10, 2015, <http://news.abs-cbn.com/nation/metro-
manila/03/10/15/some-facts-new-anti-drunk-driving-law>) makes him a subject of the
provisions stated above. Several fractures and bruises obtained by the victim makes the
charge to be qualified with serious physical injuries.
CONCLUSION
Mr. Poncio Pilato shall be charged for reckless driving resulting to serious
physical injuries. Mr. Pilato’s test for intoxication resulted to positive. Such act of
reckless driving under the influence of alcohol shall be subject to the punishment/s
stated in the Republic Act No. 10586 (“Anti-Drunk and Drugged Driving Act of 2013”)
and the Article 263 (Serious physical injuries) of the Revised Penal Code.
 b. SAMPLE EXTERNAL LEGAL MEMORANDUM

Republic of the Philippines

Metropolitan Trial Court
Quezon City

Juan dela Cruz,

Defendant Petitioner

MEMORANDUM FOR PROSECUTION

PREFATORY STATEMENT

Every person who, contrary to law, willfully or negligently causes damage to

another, shall indemnify the latter for the same (Art. 20, Civil Code).
STATEMENT OF THE CASE

This is an action for conviction and damages filed by Juan dela Cruz against
Poncio Pilato, for the injuries that he suffered after being hit by the latter’s vehicle. Mr.
dela Cruz claims P500,000.00 damages against Mr. Poncio Pilato for the actual and
compensatory expense due to emotional sufferings.

STATEMENT OF THE FACTS

On October 14, 2016, Mr. Poncio Pilato drove along East Avenue and passed a
red light on the intersection of BIR Road. He then hit the complainant, Mr. Juan dela
Cruz, while the latter was passing the pedestrian lane trusting the green signal for
pedestrian.
Mr. dela Cruz’s body flew to about 30 meters (2 lamp posts) difference from the
pedestrian lane while Mr. Pilato stopped his car 10 meters away from it. A traffic
enforcer who saw the whole incident immediately went to the scene to assist the victim
who was delivered to East Avenue Medical Hospital with the help of other concerned
citizens. The traffic enforcer also checked on the driver of the car. When the driver went
out and talked to the enforcer, the latter smelled the reeks of alcohol coming from the
mouth of the driver. The enforcer asked for the license of the driver who in turn clattered
all his belongings first before finding and presenting his non-professional driver’s
license.
Two police officers came to the scene and brought Mr. Pilato also to East
Avenue Medical Hospital to be tested for intoxication which resulted to 0.7% blood
alcohol content level. Meanwhile, the hospital found that the victim fractured his ribs and
his right leg which was the point of impact with the vehicle. Several more bruises are to
be found all over the victim’s body. The hospital further stated that the victim may not be
able to move for a few weeks or months.
ISSUES

(1) Whether or not Mr. Poncio Pilato exercised proper diligence in his driving;
(2) Whether or not Mr. Juan dela Cruz’s accident was through his own contributory
negligence;

ARGUMENTS/DISCUSSION

(1) As witnessed by the traffic enforcer, Mr. Pilato beat the red light while crossing the
intersection of East Avenue and BIR Road which is itself a violation of traffic rules
that may be considered as reckless driving as it may affect other people or vehicle
passing the same intersection.

For the vehicle to stop 10 meters away from the pedestrian lane means that the
vehicle was not able to stop immediately at the point of impact, meaning further that
the driver is running on a fast speed which explains the distance of the body of the
victim from where it originally was located.

When the enforcer asked for the license of the driver who, before finding his license,
needed to clatter all his belongings first, and the reeks of alcohol from his mouth
indicate his drunkenness. The positive test results from the hospital proved such
theory of the traffic enforcer.

Republic Act No. 10586 (“Anti-Drunk and Drugged Driving Act of 2013”) provides the
following:
Sec. 5 Punishable Act – “it shall be unlawful for any person to drive a motor
vehicle while under the influence of alcohol, dangerous drugs and/or other
similar substances”.
Sec. 12 Penalties – “a driver found to have been driving a motor vehicle while
under the influence of alcohol, dangerous drugs and/or similar substances, as
provided for under Section 5 of this Act shall be penalized as follows:
(a) If the violation of Section 5 did not result in physical injuries or homicide, the
penalty of three (3) months imprisonment, and a fine ranging from Twenty
thousand pesos (PhP20,000.00) to Eighty thousand pesos (Php 80,000.00)
shall be imposed;
(b) If the violation of Section 5 resulted in physical injuries, the penalty provided
in Article 263 of the Revised Penal Code or the penalty provided in the next
 preceding subparagraph, whichever is higher, and a fine ranging from One
hundred thousand pesos (PhP100,000.00) to Two hundred thousand pesos
(Php200,000.000) shall be imposed”;
xxx

(d) The nonprofessional driver’s license of any person found to have violated
Section 5 of this Act shall also be confiscated and suspended for a period of
twelve (12) months for the first conviction and perpetually revoked for the
second conviction. The professional driver’s license of any person found to have
violated Section 5 of this Act shall also be confiscated and perpetually revoked
for the first conviction. The perpetual revocation of a driver’s license shall
disqualify the person from being granted any kind of driver’s license thereafter.

The prosecution for any violation of this Act shall be without prejudice to criminal
prosecution for violation of the Revised Penal Code, Republic Act No. 9165 and
other special laws and existing local ordinances, whenever applicable.

Article 263 (Serious physical injuries) of the Revised Penal Code provides that “Any
person who shall wound, beat, or assault another, shall be guilty of the crime of
serious physical injuries and shall suffer:
1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the
injured person shall become insane, imbecile, impotent, or blind;
2. The penalty of prision correccional in its medium and maximum periods, if in
consequence of the physical injuries inflicted, the person injured shall have lost the use
of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an
arm, or a leg or shall have lost the use of any such member, or shall have become
incapacitated for the work in which he was therefor habitually engaged;
3. The penalty of prision correccional in its minimum and medium periods, if in
consequence of the physical injuries inflicted, the person injured shall have become
deformed, or shall have lost any other part of his body, or shall have lost the use thereof,
or shall have been ill or incapacitated for the performance of the work in which he as
habitually engaged for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period, if the physical injuries inflicted shall have caused the illness or
incapacity for labor of the injured person for more than thirty days.chanrobles virtual law
library
If the offense shall have been committed against any of the persons enumerated in
Article 246, or with attendance of any of the circumstances mentioned in Article 248, the
case covered by subdivision number 1 of this Article shall be punished by reclusion
temporal in its medium and maximum periods; the case covered by subdivision number
2 by prision correccional in its maximum period to prision mayor in its minimum period;
the case covered by subdivision number 3 by prision correccional in its medium and
 maximum periods; and the case covered by subdivision number 4 by prision
correccional in its minimum and medium periods.
The provisions of the preceding paragraph shall not be applicable to a parent who shall
inflict physical injuries upon his child by excessive chastisement.chanrobles virtual law
library.”

Mr. Pilato’s test for intoxication resulted to 0.7% blood alcohol content (BAH) which
exceeded 0.05 percent limit makes him a subject of the provisions stated above.
Several fractures and bruises obtained by the victim makes the charge to be
qualified with serious physical injuries.

(2) Mr. Juan dela Cruz passed the pedestrian lane trusting the green signal for
pedestrian, and without negligence, as he looked for an incoming vehicle but notice
just one which was still far away from where he was and knowing that it should stop
because of the red signal light for the vehicles.

WHEREFORE, premises considered, it is respectfully prays to this HONORABLE

COURT, that judgement be rendered making Poncio Pilato, be guilty for the crime of
reckless driving with serious physical injuries and be liable for damages for the injury
suffered by Mr. Juan dela Cruz.
Other relief just and equitable is likewise prayed for.
Quezon City, November 4, 2016.

xxxx
Private Prosecutor

PTR#98765xxx
IBP# 54321xxx
Roll No. 999xxx