REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 199, Las Piñas 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 PEÑA

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

rights by those who take advantage of her innocence and

1
Universal Declaration of the Rights of the Child
vulnerability, the law will rise in his defense with the single-minded

purpose of upholding only her best interest2.

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 Piñas City. The victim was her daughter

Ms. Angelica Cruz, 13 years old, a 2nd Highschool Student and also

residing at the given address of the complainant. The accused is

Marco Cruz y Dela Peña 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 Piñas City.

The Las Piñas City Prosecutor’s Office filed an Information

before the Regional Trial Court of Las Piñas 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 Piñas, Philippines and within the jurisdiction of this Honorable
Court, Accused MARCO CRUZ y DELA PEÑA, with lewd design, did
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.”

2
Concepcion vs. Court of Appeals, (GR. No. 123450, August 31, 2005)
 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

Peña, 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.