Republic of the Philippines

MUNICIPAL TRIAL COURT

7th Judicial Region
Branch 15
Cebu City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASENo.04-

116621
Complainant,

- versus – FOR: THEFT

ANTHONY TORRES,
Respondent.
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MEMORANDUM FOR THE ACCUSED/RESPONDENT

Comes now the respondent and unto this Honorable Court most respectfully submit this
memorandum and state:

STATEMENT OF THE CASE

Complainant in the case charges respondent Anthony Torres for the crime of theft
under Article 308 of the Revised Penal Code because the steering wheel, battery,
alternator and two tires with rim were not given to the private complainant upon
demand.
 STATEMENT OF FACTS

JOSE DIAZ, of legal age, Filipino, with assistance of counsel, resident of

2nd St. Espanola Brgy. Labangon Cebu City, after having been sworn in
accordance with law, hereby accuse and charge ANTHONY TORRES,
hereinafter referred to as respondent, of legal age, and residing at 3336-C
San Juan Brgy. Tisa Cebu City, of Theft under Article 308 of the Revised
Penal Code;

Jose Diaz was the owner of an Isuzu Jeepney with Plate No. UGD-267
which was involved in an accident that caused damage to its door.

The respondent is a mechanic and maintains a repair shop in Brgy. Tisa

Cebu City, known as “Torres Repair Shop.”

On January 5, 2021, complainant engaged the services of respondent for

the door repair of the Isuzu Jeepney, attached is the Automotive Repair
Receipt as “Annex A”.

The following day, the Jeepney was delivered to the repair shop of the
respondent. At the time of delivery, it was still in running condition and
serviceable because only the door was damaged. The motor engine and
other parts were still functioning.

On February 20, 2021, complainant went to the repair shop of the

respondent but there were still no repairs made.

On the same day, complainant instructed Pedro Magbanua to retrieve the

Jeepney from the repair shop of respondent with an agreement that the latter
would instead repair the vehicle in his own repair shop.

The following day, Magbanua was not able to get the Jeepney since the
steering wheel, battery, alternator, and two tires with rims worth P3,000,
P8,000, P9,000 and P10,000, respectively could not be found. Hence, he
had it towed and brought it to his own repair shop. He then immediately
informed me with the said matter.

Upon inquiry, Torres said that the missing parts were removed in order to
clean the other parts of the Jeepney and to facilitate complete repair.
 The missing parts were not returned up until the filing of this complaint.

Prior to the resort of this action, both parties failed to reach an amicable
settlement through the Barangay Conciliation. Thus, a “Certificate to file
Action” was issued by the Barangay Pangkat Secretary and attested to by
the Barangay Chairman. Attached as “Annex B” is a copy of the said
certificate.

ISSUE/S:

(1) Whether or not the respondent is liable for the crime of theft under Article
308 of the Revised Penal Code ?

ARGUMENTS/DISCUSSIONS:

The respondent is not liable for the crime of theft under Article 308 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.
In the instant case, it is proven that these elements of theft were absent.
Based on the contract of service the estimated time for repairs is until April 30,
2021. Jose Diaz voluntarily and completely agreed with regard to the contract of
service.

On February 05, 2021, upon presentation of Special Power of Attorney of Pedro

Magbanua , respondent already turn-over to Pedro Magbanua the aforementioned
vehicle together with its complete parts and accessories , which are the following :
steering wheel, battery, alternator and two tires with rims.

RELIEFS

WHEREFORE, premises considered, it is prayed to this HONORABLE

COURT, that judgement be rendered in favor of the respondent and
respectfully pray that respondent be acquitted of the crime of THEFT wrongfully
imputed upon by JOSE DIAZ.

Other relief just and equitable is likewise prayed for.

Cebu City, April 20, 2021.

ATTY. ED GIBSON BELARMINO

Room 202, Bonifacio Bldg., Tisa, Cebu City, 6000 Cebu
Email: gibsonbelarmino123@gmail.com
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. RUBIELYN VIRTUCIO

Counsel for Complainant