Republic of the Philippines

Regional Trial Court

12th Judicial Region
Branch 1, Iligan City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- Criminal Case No. 12345

Violation of R.A. 9165
(Comprehensive Dangerous
Drugs Act)

BRUCE WAYNE,
Accused.

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

MEMORANDUM FOR THE PROSECUTION

The People, by the undersigned prosecutors, and unto this Honorable Court, respectfully

submits this Memorandum as follows:

STATEMENT OF THE FACTS OF THE CASE

On April 20, 2019 at 12:50am, along Miguel Sheker Street, San Miguel, Iligan

City, one BRUCE WAYNE y TOMAS, 25 years old, single, unemployed, and having

residence at 0006 Miguel Sheker Street, San Miguel, Iligan City was arrested for

violation of Sec. 13, in relation to Sec. 12, Article II of R.A. 9165 (or The

Comprehensive Drugs Act of 2002).

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 Prior to the arrest of BRUCE WAYNE, the arresting officers, members of the

Philippine National Police were conducting routine patrol and anti-drugs campaign

within the AOR (Area of Responsibility) assigned to them along Miguel Sheker Street,

San Miguel, Iligan, to increase police visibility along the area and abate all forms of

criminality and thereafter arrest and/or apprehend criminals/unlawful persons.

At around 12:50am, on said date, while policing along Miguel Sheker Street, San

Miguel, the said arresting officers recounted that they have actually seen and observed a

group of four (4) male persons standing at behind an old Nara Tree at said place roughly

five (5) meters away. The group of four (4) males were in the act of consuming/smoking

marijuana which the arresting officers had identified and recognized due to the distinct

and recognizable smell it emitted. Said suspected marijuana substance was placed in a

homemade improvised pipe made from tin foil which at that time was in the hands of

BRUCE WAYNE, while the other three (3) accomplices were waiting for their turn.

Thereafter, the arresting officers approached them but the other three (3) companions of

BRUCE WAYNE saw the approaching officers which caused them to flee immediately,

leaving BRUCE WAYNE dumbfounded and consequently be placed under arrest.

Upon arrest, the improved pip was marked “AC” and inventoried. It was brought

to PNP Crime Laboratory in Iligan City for examination and determination if the

specimen submitted is positive for dangerous drugs. A request was made to the Officer-

in-Charge of the PNP Crime Laboratory for laboratory examination of said marked and

inventoried pipe. The Crime Laboratory Office Headquarter published the result

affirming that the said specimen tested POSITIVE for test of Marijuana.

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 ISSUES OF THE CASE

The memorandum will discuss the following issues:

I. Whether or not BRUCE WAYNE has violated R.A. 9165 (The

Comprehensive Dangerous Drugs Act of 2002); and

II. Whether or not the arrest of BRUCE WAYNE and the subsequent search on

him was in violation of the Constitution.

ARGUMENTS AND DISCUSSIONS

I. BRUCE WAYNE violated R.A. 9165 (The Comprehensive Dangerous

Drugs Act of 2002)

a. BRUCE WAYNE violated Sec. 13, in relation to Section 11(3), Article

II of R.A. 9165.

Section 13 of R.A. 9165 states that any person found possessing any dangerous

drugs during a party, 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

this Act, regardless of the quantity and purity of such dangerous drugs.

The Implementing Rules for this section states that the phrase “company of at

least two (2) persons” shall mean the accused or any suspect and at least two (2) others,

who may or may not be in the possession of any dangerous drugs. In People v Gutierrez1,

it was stated that:

“The elements necessary for the prosecution of illegal possession of dangerous drugs are: (1) the

accused is in possession of an item or object which is identified to be a prohibited drug; (2) such

1
People v. Gutierrez, G.R. No. 177777, December 4, 2009

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 possession is not authorized by law; and (3) the accused freely and consciously possessed the said

drug.”

Also, in People v Martinez2, it was further established that:

“Additionally, this being a case for violation of Section 13 of R.A. No. 9165, an additional

element of the crime is (iv) the possession of the dangerous drug must have occurred during a

party, or at a social gathering or meeting, or in the proximate company of at least two (2) persons.”

Such drugs were in the possession of the accused, as the improvised pipe was

found in his custody. No explanation was ever given by BRUCE WAYNE for legally

possessing the drug. In fact, he willingly and consciously smoked and consumed the drug

while his companions awaited their turn. BRUCE WAYNE was witnessed and examined

by the arresting officers of the PNP in the act of smoking marijuana through a homemade

improvised pipe made of tin foil, with four (4) other companions just five (5) meters

away.

Due to this fact, BRUCE WAYNE should be punished under Section 11(3) of the

same act, which states that any person, who, unless authorized by law, shall possess any

dangerous drug if 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 (P400,000.00), 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 .035 grams, does not mean BRUCE WAYNE should not

2
People v. Martinez, G.R. No. 191366, December 10, 2010

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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, BRUCE WAYNE violated Section 13, in relation to Section 11(3) of RA

9165.

b. In any case, BRUCE WAYNE violated Sec. 12 and Sec. 15 Art. II of

the same act.

Section 12 provides that any person who, unless authorized by law, shall possess

or have under his control any equipment, instrument, apparatus and other paraphernalia

fit or intended for smoking or consuming any dangerous drugs shall be punished with

imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine

ranging from Ten thousand pesos (P10,000) to Fifty thousand pesos (P50,000).

BRUCE WAYNE was apprehended in possession of a homemade improvised

pipe made from tin foil. Upon the return of the medical results examining the pipe. it

yielded a positive result for marijuana. There is no doubt that such an instrument was

used for smoking or consuming the said dangerous drug.

Further, the Implementing Rules for the aforesaid section states that the

possession of such equipment, instrument, apparatus and other paraphernalia shall be

prima facie evidence that the possessor had smoked or consumed the dangerous drug. In

this light, Section 15 also becomes applicable.

Section 15 provides that a person arrested, who is found for use of any dangerous

drug, after a confirmatory test shall be imposed a penalty and fine, the severity of which

depends upon the number of times he has been arrested for the same purpose

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 The fact that BRUCE WAYNE was arrested with an improvised pipe creates a

presumption that such instrument was used by the possessor for smoking and consuming

marijuana. As such, the punishments provided in Section 15 should be applied.

Thus, BRUCE WAYNE violated Section 12 of R.A. 9165, and should be

punished in accordance with Section 15 of the same Act.

II. The arrest of BRUCE WAYNE and subsequent search are not in

violation of the Constitution

BRUCE WAYNE was validly arrested. Although generally, a warrant of arrest is

necessary in order to apprehend an individual, Section 5(a), Rule 113 of the Revised

Rules of Court provides that a peace officer or a private person may, without a warrant,

arrest a person when, in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense.

It is noteworthy that before the said arrest of BRUCE WAYNE, the members of the

PNP had observed BRUCE WAYNE and his companions smoking marijuana from five

(5) meters away. The officers concluded that a dangerous drug was being consumed due

to the distinct smell emanating from the make shift foil pipe.

Thus, BRUCE WAYNE was actually committing a crime, in violation of R.A. 9165,

in the presence of a peace officer: Therefore, a warrant of arrest was not necessary at that

point in time.

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 b. The subsequent search was valid.

Section 13, Rule 126 of the Rules of Court provides that a person lawfully arrested

may be searched for dangerous weapons or anything which may have been used or

constitute proof in the commission of an offense without a search warrant.

Due to the fact that a valid warrantless arrest was made upon the person of BRUCE

WAYNE, the peace officers of the PNP were well within the ambit of law when they

made the subsequent search.

Thus, the subsequent search did not violate the law.

PRAYER

WHEREFORE, in view of the foregoing, the prosecution prays that the accused

BRUCE WAYNE y TOMAS be adjudged and declared beyond reasonable doubt for

violating Section 13 in relation to Section 11(30), and Section 12 in relation to Section

15, of Article II of Republic Act 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 Iligan, Philippines, April 23, 2019.

IBRAHIM LYNDON A. RAZUMAN

Public Prosecutor
Office of the City Prosecutor

Copy furnished:

CLARK KENT
Counsel for Accused
Building X, Iligan City

Explanation:
The foregoing Memorandum is being served on the Counsel of the accused by registered
mail due to time and personnel constraints.

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