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PEOPLE OF THE PHILIPPINES, PLAINTIFF, CRIM. CASE NO. M-LLP -08- 00287
-versus-
FOR: ESTAFA UNDER ARTICLE 316 PAR. (1) OF THE REVISED PENAL CODE
MEMORANDUM (for the Accused) COME NOW, Accused, by their undersigned counsel, to this Honorable, most respectfully submitted their following memorandum:
I. STATEMENT OF THE FACTS The antecedent facts are simple summarized as follows: 1. The parcel of land known as Lot No. 835-C with an area of approximately 164 square meters situated at Pusok, Lapu-Lapu City which is the property sold by DELFIN G. CASIO to THELMA JUMAO-AS CANTONEROS for a consideration of ONE HUNDRED THOUSAND PESOS (P100,000.00) as evidenced by the Deed of Absolute Sale dated May 5,1999 attached as Annex B;
2. Prior to the encumbrance of the lot mentioned in the preceding paragraph, TORIBIA GESULGA CASIO, an alleged owner of the lot through a Special Power of Attorney, hereto attached as Annex A gave DELFIN G. CASIO , an authority, among other, to sell, transfer and convey her share of Lot including Lot No. 835-C covered by TCT No. 27953;
3. The complainant in the exercise of her right as the new owner of the lot, caused the fencing of the same while other buyer of another portion of the same lot constructed a house thereon;
4. Sometime in the third or fourth week of June, 1999, complainant received a summons and a copy of a Complaint for Quasi Delict and Injunction with prayer for TRO from the Regional Trial Court, Branch 54 impleading the latter as one of the defendant together with Genoveva Pino, Toribia Gesulga, Delfin Casio and Ronel Jumao-as and with Marciano Quizeo and Galicano Arriesgado as the Plaintiffs; copy of the Complaint is attached as Annex C and made an integral part hereof;
6. During the pending of the case, defendants cooperation died down and were said to change their side in favor of Galicano C. Arriesgado;
7. On April 17, 2008 ,around nine years had lapsed since the sale was made on May 1999, complainant filed a criminal case for estafa punishable under Art. 316 par. 1 of the Revised Penal Code against the defendants.
I.
II.
I.
II.
The proper prescriptive period for the crime of Estafa under paragraph 1, Article 316 of the Revised Penal Code is five (5) years from the discovery of the crime. Under Article 90 of the Revised Penal Code, crimes punishable by arresto mayor prescribed shall prescrined in five years. Here, since the case was instituted nine (9) years after the discovery of the crime, the crime has already prescribed. During the cross-examination of Atty. Malig-on to the witness as the complainant herself, to emphasize:
Q:
Now you said also in your affidavit in paragraph 7 that it was in the first
week of June 1999 that you receive a summons and a copy of a complaint for quasi delict filed by Marciano Quizeo and Galiciano Arriesgado. Do you conform this.
A:
Yes.
Q:
So in other words in 1999 you already knew that there was already a
A:
Yes. And you filed this case at the City Procescutors Office of Lapu -lapu City
Q:
A:
Yes.
Q:
In other words, the deed of sale was May 1999 May and you filed this April
A:
Yes.
Q:
And around nine years also after you knew that there was alreadt a case
filed in court by Mariano Quizeo and Galiciano Arriesgado involving the same property as stated by you in paragraph 7 of your affidavit?
A:
Maybe
PRAYER
WHEREFORE, premises considered, it respectfully prayed on this Honorable Courtb that the charge of Estafa against the Respondent be DISMISSED as the crime has already prescribed.
Other just and equitable relief under the foregoing is likewise being prayed for.