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.