Republic of the Philippines

Region X
MUNICIPAL TRIAL COURT
Cagayan De Oro City

PEOPLE OF THE PHILIPPINES

Plaintiff,

Criminal Case No. 022021

For: THEFT
- versus –

CORA ANGEL
Accused,

X-----------------------------------------------X

MEMORANDUM OF PROSECUTION
Comes now the public prosecution and unto this Honorable
Court most respectfully submit this memorandum and state:

BRIEF STATEMENT OF THE CASE

The prosecution, through the undersigned Public Prosecutor,

charges CORA ANGEL with the crime of Theft. The said accused, did
then and there willfully, unlawfully and feloniously, with intent of gain
and without the knowledge and consent of the owner thereof, take,
steal a Rolex watch with the value of ten million pesos
(Php10,000,000.00) pesos, belonging to Chester Castanos. That in the
commission of the said offense, the said accused committed grave
abuse of confidence, he being then employed as a secretary of the Mr.
Chester Castanos and his Department in Xavier University, at the time,
and as such, lured Mr. Castanos to her residence and stole the Rolex
watch. That the act be committed with abuse of confidence or obvious
ungratefulness, with evidence premeditation and with treachery.

STATEMENT OF FACTS
 Mr. Chester Castanos is the head of the Human Resource
Department in Xavier University.

On January 30, 2020 he was introduced to the accused, Cora

Angel by his co-worker as the accused is currently looking for a job at
that time. Since Mr. Castanos is in need of secretary, he hired the
accused as his Secretary.

The accused was given all access to Mr. Castanos’ property

including the latter’s residence.

On the night of November 20, 2020, the accused took advantage

that Mr. Castanos is in Cebu City to attend a convention. The accused
went to the residence of Mr. Castanos and stole willfully, unlawfully and
feloniously, with intent of gain and without the knowledge and consent
of the owner thereof, the Rolex watch of the latter amounting to ten
million pesos (Php 10,000,00.00).

When Mr. Castanos discovered that his rolex watch is missing,

he immediately check the CCTV installed in his room and found the
accused committing the crime charged. He immediately called the
Quezon City Police Station and report the matter.

When the accused was apprehended by the police, she denied

all the allegations against her.

STATEMENT OF ISSUE

1. Whether or not Cora Angel committed the crime of theft.

2. Whether or not Cora Angel’s defense is an alibi as

ARGUMENT

1. The accused, Cora Angel, committed the crime charged

against her.
2. The accused, Cora Angel, interposed alibi as a defense.

DISCUSSION

The complaint in question is defined in Article 310 of the Revised

Penal Code:

“Art. 308. Who are liable for theft.—Theft is committed by any person who,
with intent to gain but without violence against, or intimidation of persons
 nor force upon things, shall take personal property of another without the
latter's consent.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the same
to the local authorities or to its owner;

2. Any person who, after having maliciously damaged the property of

another, shall remove or make use of the fruits or object of the damage
caused by him; and

3. Any person who shall enter an inclosed estate or a field where trespass
is forbidden or which belongs to another and, without the consent of its
owner, shall hunt or fish upon the same or shall gather fruits, cereals, or
other forest or farm products.”

Moreover, in the case of Pua Yi Kun vs People, G.R. No. L-

26256, 1968, the Court have ruled that five elements are essential to
constitute the crime of theft: (1) the taking of personal property; (2) that
the property belongs to another; (3) that the taking was done with intent
of gain; (4) that it was done without the consent of the owner, and (5)
that it was accomplished without violence or intimidation of persons nor
force upon things.

In the instant case, it is proven that these elements of theft were

present. Mr. Castanos saw in the CCTV that the accused, Cora Angel,
entered his room and took the Rolex watch from his drawer. Her intent
to gain is presumed from her act of unlawfully taking the subject watch
from its owner.

Such act of the accused constitute the crime of theft, therefore,

she must be held liable for the crime of theft.

Moreover, the accused denied the acts imputed against him and
stated that she did not commit the crime charge against him. Such
defense of alibi is generally considered with suspicion and are always
received with caution, not only because they are inherently weak and
unreliable, but also because they can be easily fabricated.

In this case, the accused failed to meet the requisites for alibi to
be considered as a valid defense. It is not enough that she denied that
she did not stole the rolex watch without any witness or proof that will
corroborate her statement. It is a time honored principle that the
defense of alibi cannot prevail over the witness’ positive identification
of the accused as the perpetrator of the crime.
 PRAYER

WHEREFORE, the prosecution respectfully prays that a

Decision be rendered finding the accused Cora Angel guilty beyond
reasonable doubt for the crime of THEFT for stealing the Rolex watch
of Mr. Chester Castanos.

Other reliefs just and equitable in the premises are likewise

prayed for.

Cagayan de Oro City, 18th day of August 2021.

PEDRO DELOS SANTOS

City Prosecutor

Copy Furnished: (By Registered Mail)

ATTY. JOSE MATALO

Counsel for the accused
4th Floor, Eat Bulaga Building,
Cagayan de Oro City