Philippine Christian University - College of Law

Legal Research
Exercise in Memorandum of Authorities
SY 2011-12
Assoc. Sol. Erika Frances S. Buluran-Monzon
Instruction: As the handling Associate Solicitor, draft the Memorandum of
Authorities to be filed before the Court of Appeals, based on the following
facts:
On July 19, 2014, at around 11 o'clock in the morning, SPO1 Bobby
Santos of the Philippine Drug Enforcement Agency (PDEA) received reports
from his confidential informant that the notorious Buenaventura Brothers,
namely Leo Buenaventura, alias Boy Tigas, Lear Buenaventura alias Boy
Astig and Levi Buenaventura alias Boy Bato, are about to ride in an hour's
time the MV Peafrancia at the Manila South Harbor bound for Catanduanes
to transport 5 kilos of shabu, a dangerous drug.
Thus, SPO1 Rico Santos coordinated with the Catanduanes Provincial
Police to intercept the Buenaventura Brothers at the Port of Catanduanes.
Leo or Boy Tigas was described as short in height, with stocky body build,
with curly hair Afro-American style, and wearing a green sport shirt, grey
slacks, and oversized sunglasses. Lear or Boy Astig was described as also
short in height, also with stocky body build, with curly hair in similar fashion
as Leo, and wearing black shirt, black leather jacket and torn jeans. Levi or
Boy Bato was described as of medium height with light body build, with fair
complexion, sporting a long hair and silver nose earring, and wearing black
v-neck shirt, denim jeans and dark aviator's glasses. All three were carrying
suitcases, except for Boy Tigas who was also carrying a black satchel.
Upon disembarking the MV Peafrancia at the Catanduanes Port, PO3
Rico Reyes immediately spotted the Buenaventura Brothers, who exactly
fitted the description given by SPO1 Santos, as supplied to him by the
confidential informant. Thus, PO3 Reyes and his back-up officer PO1 Andres
Handa approached the three and asked that they open their suitcases for
inspection at the nearby inspection counter. Boy Astig hesitated, but upon
signal from Boy Tigas, the three acceded and proceeded to the counter,
where they opened their respective suitcases. While they were in the
process of opening their suitcases, Boy Bato surreptitiously handed to Boy
Astig the black satchel that he was carrying. Boy Astig then ran outside the
port area and was able to immediately ride a tricycle. However, the tricycle
was intercepted by the Catanduanes Police at the corner, and Boy Astig was
then apprehended and brought to the nearby Virac Police Station, where an
inspection of the black satchel that he was carrying yielded a big plastic bag
containing white crystalline substance.
Meantime, Boy Tigas and Boy Bato were also brought to the Virac
Police Station after a search of their suitcases at the port. Upon arrival at
the police station, Boy Tigas and Boy Bato were asked to remove their
clothing and were bodily searched. Found in a small pocket inside Boy Bato's
boxer shorts were pieces of rolled aluminum foil, which looked like used
shabu paraphernalia, and which a frugal drug addict often reuses several
times.
Thus, the Buenventura Brothers were arrested, with Boy Tigas and Boy

LEGAL RESEARCH
Exercise on Memorandum of Authority
Atty. Erika Frances S. Buluran
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Astig charged with Illegal Possession of Dangerous Drugs, while Boy Bato
was charged with Illegal Possession of Shabu Paraphernalia, to which they
pleaded Not Guilty. The two cases were filed before the Regional Trial
Court of Virac, Catanduanes, which meted out a Judgment dated July 16,
2015 finding the three guilty beyond reasonable doubt of the crimes charged.

LEGAL RESEARCH
Exercise on Memorandum of Authority
Atty. Erika Frances S. Buluran
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On August 5, 2015, the Buenaventura Brothers, through counsel, filed

a notice of appeal.
In their Appellant's Brief dated September 7, 2015, the Buenaventura
Brothers assailed the correctness of the July 16, 2015 Judgment convicting
them of the crimes charged. According to them, Boy Tigas and Boy Astig
should not have been convicted of Illegal Possession of Dangerous Drugs
because the shabu found inside Boy Tigas' suitcase was a product of an
illegal search, as PO3 Reyes and PO1 Handa were not armed with a search
warrant at the time they were searched. Contrary to the findings of the trial
court, they were not committing a crime at the time they were searched at
the Catanduanes Port. They seem to have been arrested simply because of
their appearances; certainly, wearing a leather jacket or oversized sunglasses
in the middle of the day, or sporting Afro hairstyle or a nose earring is not a
crime. Also, they alleged that the Regional Trial Court of Catanduanes has no
jurisdiction over the case for Illegal Possession of Drug Paraphernalia filed
against Boy Bato, as the said offense is punishable by less than 6 years of
imprisonment.
In its Appellee's Brief, the People, through the OSG, countered that at
the time the police were alerted of the illegal activities of the Buenaventura
Brothers, i.e., illegal possession and transportation of dangerous drugs, the
PDEA no longer had ample time to secure a search warrant over the three,
who were bound to ride a moving vehicle. Moreover, at the time they were
searched, they were in fact committing a crime - illegal possession and
transportation of dangerous drugs. Hence, there was a valid warrantless
search over the persons and properties of the Buenaventura Brothers. That
it is already too late in the day for Boy Bato to question his conviction and
the jurisdiction of the trial court over the offense filed against him, as
conviction was already meted out by the trial court, pursuant to the ruling of
the Supreme Court in Tijam v. Sibonghanoy. Moreover, it is so provided
under the pertinent anti-drug law that all cases for violations thereunder are
to be filed before the appropriate Regional Trial Court regardless of the
length of the imposable penalty of imprisonment therefor.
oO Nothing Follows Oo