REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION

BRANCH 2, MANILA

PEOPLE OF THE PHILIPPINES CRIM CASE NO. 09-267753

Plaintiff, FOR: Violation of Sec. 11 (3), Art.
II, R.A. 9165

-versus-

NORMAN DIMAIN Y BUENAFE,

Accused.

x-----------------------------------------x

MEMORANDUM FOR THE PROSECUTION

The Prosecution, unto this Honorable Court, most respectfully states:

STATEMENT OF FACTS

On April 13, 2009 at around 1:45 am, along Concha Street, San Andres, Bukid Manila, one
Norman Dimain y Buenafe, 21 years old, single, jobless, and residing at 2173 Concha Street, San
Andres, Bukid Manila was arrested for violating Sec. 13, in relation to 12, Art. II of R.A. 9165
(The Comprehensive Dangerous Drugs Act of 2002).

Prior to the arrest of Dimain, the arresting officers, members of the Philippine National
Police were conducting their anti-criminality campaign and routine patrol within their AOR
particularly along Concha Street, San Andres Bukid, Maila to weed out all forms of criminality
and likewise arrest and/or apprehend all criminals/violators.

At around 1:45 am, on this date, while patrolling along Concha Street, San andres, Bukid,
the said arresting officers recounted that they have actrually seen and observed a group of three
(3) male persons standing at the said place approximately five (5) meters away. The group of three
males were in the act of consuming /smoking marijuana which the arresting officers had identified
due to the distinct smell it emanated. Said suspected marijuana substance was placed in an
improvised pipe made of cigarette foil which at the time was in the hands of Dimain while the
other two (2) companions were waiting for their turn. At that point, the arresting officers
approached them but it caused the two (2) companions of Dimain to flee upon spotting the officers.
Dimain, however, was caught and placed under arrest.

Upon arrest, the officers introduced themselves as such and proceeded to inform Dimain
of his violation and subsequently appraised him of his constitutional rights under the law and
subjected him to search where the one (1) improvised pipe made of cigarette foil, containing dried
marijuana leaves was recovered from him.
 Upon arrest, the improvised pipe was marked “NDB” and inventoried. It was brought to
SOCO, MPD for examination to determine if the specimen submitted is positive for dangerous
drugs. A request was made to the District Director of the SOCO MPD for laboratory examination
of said marked and inventoried pipe. The Crime Laboratory Office Headquarter published the
result stating that the said specimen yielded POSITIVE for test of Marijuana.

ISSUE

The memorandum will discuss the following issue:

I. Whether or not Dimain has violated RA 9165 (The Comprehensive Dangerous Drugs
Act of 2002); and

ARGUMENTS AND DISCUSSION

I. Dimain violated RA 9165 (The Comprehensive Dangerous Drugs Act of 2002)

a. Dimain violated Sec. 13, in relation to section 11 (3), Art. II of RA 9165.

Section 13 of RA 9165 states that any person found possessing any dangerous drug during
a aprty or at a social gathering or meeting, or in the proximate company of at least two (2)
persons, shall suffer the maximum penalties provided for in section 11 of the Act,
regardless of the quantioty and purity of such dangerous drugs. The implementing Rules
for this section states that he phrase “company of atleast two (2) persons” shall mean the
accused or suspect plus at least two (2) others, who may or may not be in possession of any
dangerous drug. In People v. Martinez it was stated that:

“the essential requisites to establish illegal possession of dangerous drugs are: (i)
the accused was in possession of the dangerous drugs, (ii) such possession is not authorized
by law, and (iii) the accused freely and consciously possessed the dangerous drugs.
Additionally, this being the case for violation of Section 13 of RA No. 9165, an additional
element of the crime is (iv) the possession of the dangerous drugs must have occurred
during a party, or at a social gathering or meeting or in the proximate company of atleast
two (2) persons.”

Such drugs were in the possession of marijuana as the pipe was found in his custody. No
explanation was ever given by Dimain for legally possessing the drug. In fact, he freely
and consciously smoke and consumed the drug while his companions awaited their turn.
Dimain was seen and observed by the arresting officers of the PNP in the act of smoking
marijuana through an improvised pipe made of cigarette foil, with two (2) other
companions, just five (5) meters away.

Due to this fact, Dimain should be punished under Sec. 11 (3) of the same act, which states
that any person, who, unless authorized by law, shall possess any dangerous drugs ifn the
quantities of dangerous drugs are less than five (5) grams regardless of the degree of purity
thereof: of marijuana with imprisonment of twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four
Hundred Thousand Pesos (P4000,000.00), if the quantities of dangerous drugs are less than
three hundred (300) grams of marijuana.
The mere fact that only the pipe was found to contain burnt blackish residue of marijuana,
in a small amount of 0.45 grams, does not mean Dimain should not to be punished for
possession of dangerous drugs. In this case, the RA 9165 still provides for a punishment
for such small doses of burnt marijuana.

Thus, Dimain violated Sec. 13, in relation to Section 11 (3) of RA 9165.

PRAYER

WHEREFORE, in view of the foregoing, the prosecution earnestly prays that the
accused NORMAN DIAMIN y BUENAFE be adjudged and declared beyond reasonable
doubt for violating Sec. 13, in relation to Sec. 11 (3), and Sec. 12, in relation to Sec. 15, of
Art. II of R.A. 9165 (The Comprehensive Dangerous Drugs Act of 2002).

The prosecution prays for such other reliefs and remedies that are just and equitable
under the premises.

RESPECTFULLY SUBMITTED.

City of Manila, Metro Manila, Philippines, February 29, 2015

OFFICE OF THE CITY PROSECUTOR

Manila City Hall
nd
2 floor Antonio Villegas St. Ermita, Manila