REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 199, Las Pias 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 PEA

a.k.a. MARC
Accused.
x--------------------------------------x

MEMORANDUM

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
1Universal Declaration of the Rights of the Child

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 interest 2.

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 Pias City. The victim was her
daughter Ms. Angelica Cruz, 13 years old, a 2 nd Highschool Student
and also residing at the given address of the complainant. The
accused is Marco Cruz y Dela Pea 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 Pias City.
The Las Pias City Prosecutors Office filed an Information
before the Regional Trial Court of Las Pias 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 Pias, Philippines and within the jurisdiction of this Honorable
Court, Accused MARCO CRUZ y DELA PEA, with lewd design, did
2Concepcion vs. Court of Appeals, (GR. No. 123450, August 31, 2005)

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
Pea, 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, 2015

4 Ibid.