Republic of the Philippines
Regional Trial Court
National Capital Judicial Region
People of the Philippines,
Criminal Case No. 12345-H
For: Violaltion of R.A 6539
The accused, through counsel, respectfully submits that:
Statement of the case
This case seeks to establish that the accused, Romulo Takad, is guilty beyond reasonable doubt for the violation of Republic Act No. 6539 (AntiCarnapping Act).
Statement of the facts
Romulo Takad is a common law partner of Ma. Teresa Lacsamana, a resident of 374 Villa Street, Palatiw, Pasig City. Ma. The latter is a member of Page 1 of 10/Violation of R.A 6539/The Pyramid Law Firm
the SCCPPTODA or the SAMAHAN. The SAMAHAN entered into a contract of loan with the BAYAN DEVELOPMENT CORPORATION or the BDC. The BDC is a corporation that extends loans to Sakbayan members and the members of Tricycle Operators and Drivers Association or TODA. The SAMAHAN obtained a loan from BDC Sakbayan Program, a sum of Php480, 000.00. Each member of the SAMAHAN has a share of Php 80, 000.00 from the said loan. Their contract generally provides that:
“The money loaned by the SAMAHAN form the BDC shall be
used to buy a tricycle. They also stipulated that failure of any members of the SAMAHAN to perform their obligations, which is to pay their outstanding debt; their tricycle will temporarily be under the custody of SAMAHAN’s TREASURER. The tricycle will only be released if the member, who failed to pay, pays his/her outstanding debt.”
The accused and Ma. Teresa Lacsamana went to the BDC’s main office. When they are in the office of the BDC, an employee of BDC, Ms. Zenny Aguirre, entertained them and released the tricycle. Ma. Teresa Lacsamana registered the said tricycle in her name in the Land Transportation Office of Pasig City;
Ma. Teresa Lacsamana, for some reason, failed to perform her obligation, which is to pay her outstanding debt and because of such failure, the BDC requested them to deliver the tricycle to the SAMAHAN’s TREASURER for the mean time until Ma. Teresa Lacsamana pays her outstanding debt; The BDC gave Ma. Teresa Lacsamana a redemption period, October 17, 2003 within which to redeem the tricycle; but still she failed to perform her obligation within redemption period;
The BDC gets the said tricycle from the SAMAHAN’s TREASURER. The BDC gave the tricycle to the new assignee, Mr. Carlos Parlade, who happened to be a resident also of Pasig City;
Page 2 of 10/Violation of R.A 6539/The Pyramid Law Firm
The accused and Ma. Teresa Lacsamana went to the BDC’s main office informing the latter that they will pay their arrears and get back the tricycle. Zenny Aguirre refused to accept Lacsamana’s offer and informed the accused and Ma. Teresa Lacsamana that the said tricycle had already assigned to the new assignee, Mr. Carlos Parlade;
Because of the negative response from the BDC, the accused said to Zenny Aguirre that he should not see the said tricycle in their place; On the early morning of November 21, 2003, approximately 1 o’clock in the morning, somebody has stolen the said tricycle from the outside of the house of Carlos Palarde; but before the person who stole the tricycle successfully grabs it, Carlo Parlade was able to shout to the said person “Hoy! Bat dala mo ang motor ko?” after he shouted, the person immediately started the engine and took away with him the tricycle. Carlos Parlade was able to recognize the face of the said person;
Mario Mankas, Carlos Parlade’s neighbor, was able to see the incident. He saw Carlo Parlade ran after the tricycle but he did not clearly see the person who drove the tricycle;
On the same day, Carlos Parlade called Zenny Aguirre, informing the latter that somebody had stole the tricycle.
During their conversation, Ms.
Please join StudyMode to read the full document