PEOPLE OF THE PHILIPPINES, Plaintiff,
Criminal Case No. 12345-H Violation of RA 6539 (Anti-Carnapping Act)
ROMULO TAKAD, Accused. X==================================
MEMORANDUM FOR THE PROSECUTION Comes now the public prosecution and unto this Honorable Court most respectfully submit tthis memorandum and state:
STATEMENT OF THE CASE The prosecution, through the undersigned Public Prosecutor, charges Romulo Takad with the crime of violation of Republic Act No. 6539, otherwise known as the AntiCarnapping Act. The accused, with intent to gain and without knowledge and consent of the owner, did, then and there willfully, unlawfully and feloniously take, steal and drive away a Kawasaki motorcycle with sidecar, colored black, bearing plate No. TU-9952, with value of P80,000.00 belonging to Bayan Development Corporation, represented by Zenny Aguirre, to the damage and prejudice of the latter.
STATEMENT OF FACTS Bayan Development Corporation (BDC) granted a group loan to SCCPPTODA 2 (Samahan) in the amount of 480,000.00 which is partitioned among its six (6) members. Relative to this, a Kasuduan was entered into by BDC and Samahan on March 2003. Under the said Kasunduan, the six (6) members are to receive EIGHTY-THOUSAND PESOS each, payable for thirty (30) months with thirty-six percent (36) interest rate per annum and that said amount must be for the sole purpose of buying a tricycle. Ma. Teresa Lacsamana, a member of said Samahan, was then extended the amount of EIGHTY-THOUSAND PESOS and as agreed upon, she bought a tricycle which is now the subject of this case. Lacsamana, however, defaulted in her loan. She had her last payment on July 2003, barely four (4) months from the constitution of the Kasunduan. In pursuant to the Kasunduan, Zennie Aguirre, the accounts officer of BDC, pulled-out the subject tricycle from Lacsamana,the latter...