REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 56, MAKATI CITY, METRO MANILA



PEOPLE OF THE PHILIPPINES,
Plaintiff,

CRIMINAL CASE No. 12-1110
- versus - For: Robbery with Homicide


DAVID SY, ED BAUTISTA and JOHN DOE,
Accused.
x---------------------------------------------------------x


PLAINTIFFS MEMORANDUM

Plaintiff, through the undersigned counsel, respectfully submits the following
Memorandum and states that:

STATEMENT OF THE CASE

This is a case for robbery with homicide of Jose Gonzales whom, on or about 11 July
2102, the accused, conspiring and confederating together and mutually helping one another, with
intent to gain, wilfully, unlawfully and feloniously, by means of violence, intimidation, force and
other unlawful means, taken and divested PhP1,200,000.00 worth of watches, and fatally stabbed
the victim with the use of bladed weapon.

STATEMENT OF THE FACTS

1. On 11 July 2012 at about 5:00 in the afternoon, the accused had checked in at Room
No. 9 of the JKL Hotel in Lacson St., Makati City;
2. While inside his room, the accused phoned Rustans Department Store to bring in all
the watches that are to be offered for sale the next day because he and his friends would like to
choose and buy ahead of the sale;
3. Jose Gonzales came to deliver PhP1,200,000.00 worth of watches;

STATEMENT OF THE ISSUES

Whether the accused are guilty for the crime of robbery with homicide for the lost of
PhP1,200,000.00 worth of watches and the death of Jose Gonzales.


ARGUMENTS AND DISCUSSION

Article 293 of the Revised Penal Code defines who are guilty of robbery as 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.

Robbery with homicide is committed when by reason or on the occasion of robbery, the
crime of homicide shall have been committed. This phrase requires that there is a causal
connection between the robbery and the death, had it not been for the robbery, there would have
been no death.

When arraigned, the accused duly assisted by counsel pleaded not guilty to the charge.
At the pre-trial, they opted not to plea bargain with the prosecution.

During trial on January 7, 2013, witness Lea Valdes, an accounting clerk of JKL Hotel,
positively confirmed the presence of the victim, Jose Gonzales in front of the garage of Room
No. 9 of JKL Hotel.

It is during that trial wherein taxi driver Rey Pines positively identified accused David Sy
as his passenger and the owner of brown envelope which contains a black t-shirt and sheath of a
knife.
In robbery with homicide cases, the prosecution need only to prove these elements: (a)
the taking of personal property with violence or intimidation against persons or with force upon
things; (b) the property taken belongs to another; (c) the taking be done with animo lucrandi; and
(d) on the occasion of the robbery or by reason thereof homicide in its generic sense was
committed (People of the Philippines vs. Raymond Maxion y Gaspar. G.R. No. 135145. July 19,
2001)

PRAYER

Wherefore, it is respectfully prayed that judgement be rendered by this Honorable Court
rendering the accused guilty of the crime of robbery with homicide and to pay the heirs of the
victims actual damages of PhP1,200,000.00; moral damages of PhP600,000.00 and other cost of
litigation.

Other kinds of relief, just and equitable under the premises are likewise prayed for.

Makati City, Philippines, March 23, 2013.

CITY PROSECUTOR



Submitted by:
EDWI N V. DE NI COLAS
RESWRI 220
Ll.B. 1
LO1