REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 199
LAS PIAS CITY
PEOPLE OF THE PHILIPPINES,
- versus

CRIMINAL CASE NO. 12-0780

MARCO CRUZ y DELA PEA
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:
PREFATORY STATEMENTS
As quoted by the novelist Cynthia Ozick, what we remember
from childhood we remember forever

permanent ghosts, stamped,

inked, imprinted. The child, unable to protect itself from the evils life
may bring, must be given special safeguard and care. However,
despite vigilance of his parents there are times where only the law
can defend and uphold the childs best interest.
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STATEMENT OF FACTS
On November 2, 2012, the private complainant Angelica Cruz,
accompanied by her parents, went to the house of her grandmother
Virginia Cruz to attend birthday celebration. One of those who
attended the party is 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.
As claimed by the complainant and the accused, accused
invited the herein complainant to sleep in the room occupied by him,
his wife and child. The complainant slept on the pull out bed while his
uncle, aunt and cousin sleep on the double bed. The room was dark
as the lights were turned off but there was a small amount of light
coming from the window and the door which was left ajar. Enough
light for any person to be recognized by someone in the same room.
At around 12 oclock in the midnight, the complainant felt
someone was holding her breast and vagina. To her surprise, she
recognized her uncle who even gave her a mocking smile after being
caught red handed. These allegations were however denied by the
accused as he claimed that he was too drunk that night and he
cannot remember anything.

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STATEMENT OF THE ISSUE

1. Whether or not the accused committed any lascivious conduct
defined and penalized by Republic Act No. 7610.
2. Whether or not the accused committed the crime when the
offended party is deprived of reason or otherwise unconscious

ARGUMENTS
1. Accused touched the sensitive body parts of the minor Angelica
Cruz specifically the breast and the vagina which caused her
trauma, anxiety and low self-esteem.
2. The minor is deprived of reason or otherwise unconscious when
the accused took advantage of her.
DISCUSSIONS
1. Section 2 (h) of the Rules and Regulations on the Reporting
and Investigation of Child Abuse Cases, pursuant to Section 32
of Republic Act No. 7610, lascivious conduct is defined as:
h)Lascivious conduct means the intentional touching, either
directly or through clothing, of the genitalia, anus, groin, breast,
inner thigh, or buttocks, or the introduction of any object into the
genitalia, anus, or mouth , of any person, whether of the same
or opposite sex, with an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any person,
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bestiality, masturbation, lascivious exhibition of the genitals or

public area of a person;
At twelve in the midnight of November 3, 2012, the minor
was awakened by her uncle touching her breast and vagina
through her clothing. Such were performed by the accused
obviously to gratify his sexual desire. He even gave the minor a
mocking smile evidently for the purpose of showing his intention
of humiliating, harassing, degrading and abusing her niece.
As a result of her unforgettable experience, the minor, as
observed by her mother, became timid and with low selfesteem. After what happened, she rarely goes outside of the
house and talk with her friends. There are moments when she
would not speak or do anything. Also, according to the findings
of Dr. Edna Mojica when she conducted psychological
examination, there is a big possibility that the minor was really
abused by the accused as the minor was silent when she first
came to her clinic. She even became teary-eyed whenever she
was asked of what had happened to her.
In the case of People vs Nemesio Bon, G.R. No.
149199, January 28, 2003:
In cases of acts of lasciviousness, the lone testimony of
the offended party, if credible, is sufficient to establish the guilt
of the accused. Such is the testimony of victims who are young,
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immature, and have no motive to falsely testify against the

accused, as in the instant case.
Glaringly, the accused performed a lascivious conduct
which greatly affected the child and such experience will always
be remembered because it is the worst memory a child would
have. It was like a nightmare which can never be forgotten.
2. When the said acts of lasciviousness took place, the minor was
sleeping on the pull out bed. The accused took advantage of
the minor knowing she was in a deep sleep after being
exhausted playing with her cousin. After all it was not hard for
the accused to touch the breast and the vagina of the minor as
it is within his reach. All he needed to do is to extend his arms.
The accused also took the chance because some of the family
members were drunk and some are already asleep. No one
would notice or find out what he is doing. The minor, being
unconscious, did not have the opportunity to prevent his uncle.
Also, as evidenced by her birth and baptismal certificate, the
victim was only thirteen (13) years old when the said incident
happened hence she is deprived of reason at that time.

PRAYER

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WHEREFORE, in view of the foregoing, it is respectfully prayed

for that a judgment of conviction be rendered against the accused
Marco Cruz y Dela Pea for the commission of the crime of Acts of
Lasciviousness under Other Acts of Sexual Abuse, Section 5 (b) of
Republic Act No. 7610.

Other relief just and equitable is likewise prayed for.

Las Pias City, March 7, 2015.

By:

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