Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch 2
Cebu City

GENEVA F. VILLAFLORES, Criminal Case No. 32112

Complainant,

- versus – For: ROBBERY

RUBEN DELA CERNA,

Accused.
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MEMORANDUM FOR THE PROSECUTION

The People, by the undersigned prosecutor, and unto this Honorable Court,
respectfully submits this Memorandum as follows:

STATEMENT OF THE CASE

The undersigned City Prosecutor hereby accuses RUBEN DELA CERNA

for the crime of robbery under Article 302 in relation to Article 299 of the Revised
Penal Code.

That on or about the 15th day of January 2021 at around 6 in the evening,in
the City of Cebu within the jurisdiction of this court, the accused, did there and
then willfully, unlawfully, with intent of gain by means of force upon things, broke
through the fence made of barbed wire and passing/entering through the same of
the property of GENEVA F. VILLAFLORES.
 STATEMENT OF FACTS

GENEVA F. VILLAFLORES, Filipino, single, of legal age, with office

address at Brgy. Labangon, Cebu City after having been sworn in accordance with
law, the owner of Evergreen Stone Hollow Block Maker located at Tres de Abril
Street, Brgy. Labangon, Cebu City.

Respondent RUBEN DELA CERNA is a Filipino, of legal age; a resident

of Tres de Abril Street, Brgy. Labangon, Cebu City.

Sometime in January 15, 2021 at around 6 in the evening, the above-named

respondent, with intent of gain by means of force upon things, that is by breaking
through the fence made of barbed wire and passing/entering through the same.

Once inside, did then and there willfully, unlawfully and feloniously take,
rob and carry away the following items, to wit:

Four Hundred (400) pieces Size 4 Hollow Block Pallets

Four Hundred Fifty (450) pieces Size 6 Hollow Block Pallets

all belonging to the said complainant, to the damage and prejudice of the
latter in the total amount of P95,000.

The respondent then carried the hollow block pallates outside of the
establishment using a vehicle having a plate number KEF 205;

The criminal acts committed by the above name respondent and his identity
was identified by the CCTV Cameras installed in the establishment.

Also, the above-mentioned respondent was positively identified by the

Caretaker Rosana Alano of the establishment who were present in the area during
the time of the incident.

Respondent may be charged with Robbery with Force Upon Things under
Article 293 of the Revised Penal Code;

ISSUE/S:
(1) Whether or not the Respondent is liable for the crime of Robbery.

ARGUMENTS/DISCUSSIONS:

The respondent is liable for the crime of robbery under Article 293 of the
Revised Penal Code.
Under Article 293 of the Revised Penal Code provides as follows:

“any person who, with intent to gain, shall take any personal property
belonging to another, by means of violence or intimidation of any person,
or using force upon anything shall be guilty of robbery.”

Crime of robbery is committed when all the following elements are present,
to wit:

a) That there be personal property belonging to another;

b) That there is unlawful taking of that property;

c) That the taking must be with intent to gain; and

d) That there is violence against or intimidation of any person,

or force upon anything.
In the instant case, it is proven that these elements of robbery were present.

Respondent once inside, did then and there willfully, unlawfully and
feloniously take, rob and carry away the following items, to wit:Four Hundred
(400) pieces Size 4 Hollow Block Pallets; and Four Hundred Fifty (450) pieces
Size 6 Hollow Block Pallets, all belonging to the said complainant, to the damage
and prejudice of the latter in the total amount of P95,000.

The respondent then carried the hollow block pallates outside of the
establishment using a vehicle having a plate number KEF 205.

The criminal acts committed by the respondent and his identity was
identified by the CCTV Cameras installed in the establishment.
 The respondent was positively identified by the Caretaker Rosana Alano of
the establishment who were present in the area during the time of the incident.

RELIEFS

WHEREFORE, premises considered, it is prayed to this HONORABLE

COURT, that judgement be rendered in favor of the complainant and respectfully
pray that respondent be liable for the total amount of P95,000.

Other relief just and equitable is likewise prayed for.

Cebu City, April 20, 2021.

ATTY. HELSINKI CRUZ

Room 202, Bonifacio Bldg., Tisa, Cebu City, 6000 Cebu
Mobile Number: 09177565150
Roll of Attorney No. 88128 dated April 2019
IBP Member No. 82388 – Cebu
PTR No. 8834888 – January 5, 2022 – Cebu City
MCLE Compliance No. VI-00340000, valid until April 12,022

Copy furnished:

ATTY. NAIROBI MAPAGMAHAL

Counsel for Respondent/ Accused