Republic of the Philippines

REGIONAL TRIAL
COURT

PEOPLE OF THE PHILIPPINES Criminal Case No.

Plaintiff, For Anti-Violence against Women and
Children
- versus-
ROCKY TERA
Defendant.
x -------------------------------------x

MEMORANDUM FOR
PLAINTIFF

Plaintiff, by counsel, respectfully states that:

STATEMENT OF THE CASE

Petitioner mayumi filed the present action for anti-violence against women and
children againts Respondent Rocky Tera. mayumi attributes the psychological distress
suffered by her due to the act done by herein respondent, Rocky Tera for
the____________________________ , thereby making it liable under Republic Act No. 9262
otherwise known as Anti- Violence against Women and Children.

STATEMENT OF THE FACTS

1. (insert the complaint affidavit of mayumi)

 ISSUES

Given the foregoing facts and circumstances, the following issues are presented
for discussion:
1. Whether or not Rocky Tera may be held liable for the violation of Republic Act
No. 9296 otherwise known as Anti- Violence against Women and Children;
2. Whether or not a single act of harassment, like the sending of the nude picture in
this case, already constitutes a violation of Section 5(h) of R.A. 9262;
3. Whether or not Rocky Tera may be held liable for damages.

ARGUMENTS

1. Rocky Tera is liable for violation of RA 9262 for Psychological Violence which is an acts or
omissions causing or likely to cause mental or emotional suffering of the victim under Section 3
of the said Act.

A. Section 3 (c) of R.A 9262 states that;

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or

emotional suffering of the victim such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It
includes causing or allowing the victim to witness the physical, sexual or psychological abuse of
a member of the family to which the victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children.

2. Rocky Tera is liable for violation of RA 9262 for Psychological Violence which a single act of
harassment, like the sending of the nude picture in this case, already constitutes a violation of
Section 5(h) of R.A. 9262;

B. Section 5(h) of R.A 9262

 In the case of (RUSTAN ANG vs. THE HONORABLE COURT OF APPEALS and
IRISH SAGUD, G.R. No. 182835)
“Petitioner argues that the one act of sending an offensive picture should not be
considered a form of harassment. He claims that such would unduly ruin him personally and set
a very dangerous precedent. But Section 3(a) of R.A. 9262 punishes any act or series of acts that
constitutes violence against women. This means that a single act of harassment, which translates
into violence, would be enough. The object of the law is to protect women and
children. Punishing only violence that is repeatedly committed would license isolated ones.”