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.