legal memorandum
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REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT
National Capital Judicial RegionBranch 199, Las Piñas City
PEOPLE OF THE PHILIPPINES Plaintiff, Criminal Case No. 12-0780 For: Other Acts of Sexual Abuse -versus- (Sec. 5(b) of RA 7610)
MARCO CRUZ y DELA PEÑAa.k.a. “MARC” Accused.x--------------------------------------x
M E M O R A N D U M
The STATE, by the undersigned state prosecutor, and in
compliance with the Order of this Honorable Court, respectfully
submits this Memorandum in support of its case, and states:
PRELIMINARY STATEMENT
The Child, by reason of his mental and physical immaturity,
needs special safeguard and care, including appropriate legal
protection before as well as after birth1. In case of assault on her
rights by those who take advantage of her innocence and
vulnerability, the law will rise in his defense with the single-
minded purpose of upholding only her best interest2.1Universal Declaration of the Rights of the Child
2Concepcion vs. Court of Appeals, (GR. No. 123450, August 31, 2005)
STATEMENT OF THE CASE
The complaint originated from Ms. Nenita Cruz, 33 years old,
married, a call center agent, native of Aklan and presently
residing at 364 Real Street, Talon, Las Piñas City. The victim was
her daughter Ms. Angelica Cruz, 13 years old, a 2nd Highschool
Student and also residing at the given address of the
complainant. The accused is Marco Cruz y Dela Peña a.k.a.
“Marc”, 38 years old, married, Driver, native of Bulacan and
presently residing at No. 20 Adelfa St., San Antonio Valley XVII,
Talon 4, Las Piñas City.
The Las Piñas City Prosecutor’s Office filed an Information
before the Regional Trial Court of Las Piñas City for Other Acts of
Sexual Abuse under Sec. 5(b) of R.A. 7610.
Thus, the Information was filed and docketed as Criminal
Case No. 12-0780 before the court which reads as follows:
“That on or about the 2nd day of November, 2012, in the City of Las Piñas, Philippines and within the jurisdiction of this Honorable Court, Accused MARCO CRUZ y DELA PEÑA, with lewd design, did then and there willfully, unlawfully and feloniously commit an act of sexual abuse and lascivious conduct against one Angelica Cruz, a 13 year old minor, by then and there touching her breast and genitals, thereby subjecting her to sexual abuse, and which acts are prejudicial to her physical and psychological development and which debase, degree or demean her intrinsic worth and dignity as a human being.
CONTRARY TO LAW.”STATEMENT OF THE FACTS
Sometime on November 2, 2012, Private complainant
Angelica Cruz, together with her aunts and uncles3, went to the
house or her grandmother Virginia Cruz to attend birthday
celebration. One of those who attended the party was the
accused Marco Cruz y Dela Peña, who happens to live in the same
house as well. During the celebration, some of the family
members including the accused engaged in a drinking spree.4
After the party, the accused invited the complainant to sleep
in the room occupied by the accused together with his wife and
daughter Joan (cousin of the complainant). The complainant slept
on the pull out bed while the accused together with his wife and
daughter slept on the top of the pull out bed.
3 TSN dated page 7, February 6, 20154 Ibid.
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