Republic of the Philippines Fourth Judicial District Regional Trial Court Binangonan, Rizal, Branch 70 JIRAAYA, Petitioner, -versusSUNADE,

Respondent. x - - - - - - - - - - - - - - - - - - - - - -x For: Abortion

PETITIONERS MEMORANDUM
COMES NOW, petitioner through counsel and unto the Honorable Court respectfully submits her memorandum, to wit: PREFATORY STATEMENT 1. That the parties were married on the year 2000; 2. That both parties are professionals with stable jobs to support each other and establish a family with children; 3. That in the years that the parties were married, they were trying desperately to conceive, but have not been successful; 4. That, finally after years of trying to conceive, sometime in the middle of the year 2005, petitioner was ecstatic to receive news from respondent that she was already pregnant;

-2CAUSE OF ACTION 5. That, as respondents pregnancy progressed, she started having health problems; 6. That upon knowing the gravity of the condition of respondent, the chance of delivering the baby is slim; 7. That without the knowledge and consent of the petitioner, respondent undertook the process of abortion which turned out to be a success in order to save respondents own life; 8. That because of the abortion, petitioner felt devastated and filed this petition;

GROUNDS TO SUPPORT CAUSE OF ACTION 9. That the petitioner suffered great emotional and mental strain that he cannot think and act normal after the incident because petitioner is an expectant father, he filed for petition; 10. That as stated in Section 12, Article II of the 1987 Constitution that the State shall equally protect the life of the mother and the unborn child, Article 40 and 41 of the New Civil Code also states that:
Art. 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mothers womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty four hours after its complete delivery from the maternal womb.

-3Respondent may also be criminally liable under Article 258 of the Revised Penal Code