Professional Documents
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ORDER OF EVENTS. FOR OUR REFERENCE ONLY. Can Be Used For Parts D and e
ORDER OF EVENTS. FOR OUR REFERENCE ONLY. Can Be Used For Parts D and e
1. On the morning of July 7, 2012, the accused happened to answer a phone call in the reception area of the FIlipino Department
2. Mrs. Estrelles, the accused’s supervisor, noticed that the zipper of his jeans appeared to be broken.
3. The zipper would not close properly “because of a long tear at the tape width of the zipper” - a long vertical tear along the right
sideline of the zipper had formed.
4. When advised by Mrs. Estrelles to change clothes, Accused responded that he did not have extra clothing and would have to travel
back home to Antipolo to change.
5. The accused decided not to leave work just to change clothes because he was due to work only for half the day anyway. However,
he resolved to be careful and to just stay at the Reception Center to finish shelving the books.
6. Further, accused kept in mind to hid behind the counter to be covered from waist down.
7. The accused would also rearrange his shirt, pulling it down and pull up his jeans to hide the damaged zipper.
8. At around 8:30am, Complainant AAA along with some other students went to the Filipino Department to inquire about her section
for her Filipino class.
9. Upon entry into the Filipino Department, she was met at the reception desk by the accused who gave her the information she
sought, and then asked if she wanted to take the “Filipino for Foreigners Diagnostic Exam” that she missed.
10. Complainant agreed and was then led to the Tanduay Room, the mini-library inside the Filipino Department where she was
instructed to take her exam.
11. The other students with her at that point left as soon as they learned about their new section.
12. Accused alleges that he administered the exam in the Tanduay room because he was shelving books there and so he could
supervise her as she took the exam.
13. AAA alleges that while she was taking her exam in the mini-library, she started hearing a tapping sound.
14. Upon hearing the tapping sound getting louder and faster, AAA looked to where the sound was coming from, and, when she looked
to her left, she saw the accused holding his penis and doing the masturbating motion in it.
15. Accused claims that AAA stayed in the mini-library for more or less 5 minutes before she asked to finish the exam in the reception
area.
16. Accused gave her permission to take the exam at the reception area. He said that he didn’t have a problem with it because he had
to continue shelving the books, and besides, Mrs. Estrelles was at the reception area to supervise her.
17. Accused claimed that in the reception area, AAA took her exam in the sofa, and was seated next to a Filipino-German student, Ms.
Urubio.
18. AAA claimed that while she was at the reception area, she continued her exam and finished it as fast as she could as she could no
longer concentrate.
19. Accused estimates that AAA stayed at the reception area for more or less 30 minutes.
20. When the bell rang at 8:50am, AAA handed to the accused her completed diagnostic exam.
21. After handing in her exam, Accused said that AAA left the Department silently and slowly.
22. Accused then handed AAA’s exam to a Ms. Francisco, AAA’s professor.
23. Accused alleged that AAA left before Ms. Urubio who still lingered in the Filipino Department even after the bell rang.
24. AAA claims to have immediately ran out of Dela Rosa Hall to her classroom.
25. AAA claims that upon seeing her classmate Nico, she told him about what happened, while crying hysterically.
26. Nico brought AAA to the security guards where together they called AAA’s mother, BBB to inform her of the incident.
27. BBB instructed AAA to report the incident to the security office.
28. AAA was thereafter brought to the Office of Student affairs where she was met by her mother as she made a report of the incident.
29. At around 9 in the morning, security officers arrived to arrest the accused on account of AAA’s allegation that he masturbated in her
presence while she was taking the diagnostic exam.
30. Accused was then taken to the Quezon City Police District.
31. Accused was accompanied by Mrs. Estrelles.
32. At the police station, some security personnel of the Jesuit School took the accused to the comfort room to see if any discharge was
left on his jeans and briefs.
33. Accused claims that the security personnel reported to his boss that they did not see any trace of what they were looking for.
34. Some time later, AAA and her mother then went to the Police station where she issued her sworn statement.
The prosecution claims that the accused committed the crime of lascivious conduct upon a minor when he willfully and unlawfully fondled
his penis and masturbated while he was beside the complainant, AAA, while she was taking a diagnostic examination in the Jesuit School
of Manila, thereby prejudicing her psychological and physical development and further debasing, degrading, or demeaning the intrinsic
worth and dignity as a human being.
Meanwhile, the accused claims that he is innocent of crime charged as he did no such act. On the day in question, the accused admits that
he was in the same room as the complainant while she was taking her diagnostic exam. However, he denies having acted improperly as
first, the area was an open place, well-lit, and frequently visited by people. he alleged that while she took her exam, he was arranging
books in the mini-library. One hand was arranging the books on the shelf, while the other was holding books. Further, he claims that AAA
did not see him masturbate. This defense he based on the lack of details of the account in AAA’s sworn statement. Accused also claims
that AAA’s sworn statement did not match in the important details of what happened, such as her manner of exiting the reception area.
Moreover, despite claiming to have been panicked, Accused alleges that AAA could not have been so because she finished her exam in 30
mins or less and even scored high on it. Accused alleges that he is a responsible employee whose honor dictated that he could not have
committed the crime. Accused claims that whatever she saw that day could be explained by the broken zipper.
b) A statement of the factual issues of the case based on the abstract made;
1. Whether or not the accused in fact masturbated in the vicinity of the complainant
2. Whether or not accused committed an act of lasciviousness upon a minor
Diresto na ba sa whether or not Amando mastrubated? Did he intentionally do it in front of Madison (I would think immaterial kung
intentional or hindi kasi minor?)
Then next important question is whether or not nakita ni Madision yung act? (ano yung specific image na nakita niya)
c) The relevant laws and an analysis of how these laws will operate on the facts of the case;
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or any other consideration
or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be
children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual
abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335,
paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case
may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in
its medium period;
2. Section 2(h) of the Rules and Regulations on the REporting and Investigation of Child Abuse Cases
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, bestiality, masturbation, lascivious
exhibition of the genitals or pubic area of a person;
3. Damages
Civil Indemnity ex delicto
Article 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except:
(1) When exemplary damages are awarded;
(2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest;
(3) In criminal cases of malicious prosecution against the plaintiff;
(4) In case of a clearly unfounded civil action or proceeding against the plaintiff;
(5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid, just and demandable claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers, laborers and skilled workers;
(8) In actions for indemnity under workmen's compensation and employer's liability laws;
(9) In a separate civil action to recover civil liability arising from a crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered.
In all cases, the attorney's fees and expenses of litigation must be reasonable.
Article 2216. No proof of pecuniary loss is necessary in order that moral, nominal, temperate, liquidated or exemplary damages, may be
adjudicated. The assessment of such damages, except liquidated ones, is left to the discretion of the court, according to the circumstances
of each case
Article 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings,
moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they
are the proximate result of the defendant's wrongful act for omission.
Article 2219. Moral damages may be recovered in the following and analogous cases:
(1) A criminal offense resulting in physical injuries;
(2) Quasi-delicts causing physical injuries;
(3) Seduction, abduction, rape, or other lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest;
(6) Illegal search;
(7) Libel, slander or any other form of defamation;
(8) Malicious prosecution;
(9) Acts mentioned in article 309;
(10) Acts and actions referred to in articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
Article 2229. Exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral,
temperate, liquidated or compensatory damages.
We can follow the RTC decision and use their analysis tapos we can add jurisprudence to strengthen our side.
d) A detailed outline of the testimony of the witness that will be presented to prove the facts needed to support the client’s theory
of the case;
1. Around 8:30am, Complainant AAA along with some other students went to the Filipino Department to inquire about her section for
her Filipino class.
2. Upon entry into the Filipino Department, she was met at the reception desk by the accused who gave her the information she
sought, and then asked if she wanted to take the “Filipino for Foreigners Diagnostic Exam” that she missed.
3. Complainant agreed and was then led to the Tanduay Room, the mini-library inside the Filipino Department where she was
instructed to take her exam.
4. AAA alleges that while she was taking her exam in the mini-library, she started hearing a tapping sound.
5. Upon hearing the tapping sound getting louder and faster, AAA looked to where the sound was coming from, and, when she looked
to her left, she saw the accused holding his penis and doing the masturbating motion in it.
6. AAA claimed that while she was at the reception area, she continued her exam and finished it as fast as she could as she could no
longer concentrate.
7. AAA claims that she did not notice whether there was anyone else in the reception room as she was already panicking.
8. AAA claims that the high score she garnered from her diagnostic exam is due to her high academic background and training prior to
the incident.
9. AAA claims to have immediately ran out of Dela Rosa Hall to her classroom.
10. AAA claims that upon seeing her classmate Nico, she told him about what happened, while crying hysterically.
11. Nico brought AAA to the security guards where together they called AAA’s mother, BBB to inform her of the incident.
12. BBB instructed AAA to report the incident to the security office.
13. AAA was thereafter brought to the Office of Student affairs where she was met by her mother as she made a report of the incident.
14. Some time later, AAA and her mother then went to the Police station where she issued her sworn statement.
Ano ung theory natin? Medyo hindi ko gets kung ano ilalagay dito yung sketch ata important dito?
Steph- feel ko important yun sketch to show na she could have asked help or to illustrate why the need to bring her to tanduay room if
malapit lang naman yun lib sa reception and may tao next door
e) A detailed outline of the probable testimony of the adverse party’s witness; and
1. On the morning of July 7, 2012, the accused happened to answer a phone call in the reception area of the FIlipino Department
2. Mrs. Estrelles, the accused’s supervisor, noticed that the zipper of his jeans appeared to be broken.
3. The zipper would not close properly “because of a long tear at the tape width of the zipper” - a long vertical tear along the right
sideline of the zipper had formed.
4. When advised by Mrs. Estrelles to change clothes, Accused responded that he did not have extra clothing and would have to travel
back home to Antipolo to change.
5. The accused decided not to leave work just to change clothes because he was due to work only for half the day anyway. However,
he resolved to be careful and to just stay at the Reception Center to finish shelving the books.
6. Further, accused kept in mind to hid behind the counter to be covered from waist down.
7. The accused would also rearrange his shirt, pulling it down and pull up his jeans to hide the damaged zipper.
8. At around 8:30am, Complainant AAA along with some other students went to the Filipino Department to inquire about her section
for her Filipino class.
9. Upon entry into the Filipino Department, she was met at the reception desk by the accused who gave her the information she
sought, and then asked if she wanted to take the “Filipino for Foreigners Diagnostic Exam” that she missed.
10. Complainant agreed and was then led to the Tanduay Room, the mini-library inside the Filipino Department where she was
instructed to take her exam.
11. The other students with her at that point left as soon as they learned about their new section.
12. Accused alleges that he administered the exam in the Tanduay room because he was shelving books there and so he could
supervise her as she took the exam.
13. Accused claims that AAA stayed in the mini-library for more or less 5 minutes before she asked to finish the exam in the reception
area.
14. Accused gave her permission to take the exam at the reception area. He said that he didn’t have a problem with it because he had
to continue shelving the books, and besides, Mrs. Estrelles was at the reception area to supervise her.
15. Accused claimed that in the reception area, AAA took her exam in the sofa, and was seated next to a Filipino-German student, Ms.
Urubio.
16. Accused estimates that AAA stayed at the reception area for more or less 30 minutes.
17. When the bell rang at 8:50am, AAA handed to the accused her completed diagnostic exam.
18. ‘After handing in her exam, Accused said that AAA left the Department silently and slowly.
19. Accused then handed AAA’s exam to a Ms. Francisco, AAA’s professor.
20. Accused alleged that AAA left before Ms. Urubio who still lingered in the Filipino Department even after the bell rang.
21. At around 9 in the morning, security officers arrived to arrest the accused on account of AAA’s allegation that he masturbated in her
presence while she was taking the diagnostic exam.
22. Accused was then taken to the Quezon City Police District.
23. Accused was accompanied by Mrs. Estrelles.
24. At the police station, some security personnel of the Jesuit School took the accused to the comfort room to see if any discharge was
left on his jeans and briefs.
25. Accused claims that the security personnel reported to his boss that they did not see any trace of what they were looking for.
26. Some time later, AAA and her mother then went to the Police station where she issued her sworn statement.
(Should we also debunk these? I think kasama ito sa ipapasa with the judges and sir, yung cross lang yung hindi)
f) A cross-examination guide containing its objectives, the admissions sought to be elicited, and the probable questions to ask,
arranged in proper sequence (this cross-examination guide is subject to revisions by the law firms and need not be furnished the
professor or the judges).
Q: You said that Mrs. Estrella was the one who pointed out that your zipper was broken, correct?
A: Yes.
A: I was embarrassed.
Q: Please remind us why you chose not to change your pants when you realized there was a tear in the zipper?
A: I did not want to have to go home anymore to antipolo. Too far and too long since I was only going to work half day anyway.
Q: Did you feel embarrassed as well when students came in to the office?
A: Yes.
*Accused was wearing black briefs. Even with the torn zipper, the briefs should have still covered his privates that AAA could not have
mistakenly seen anything.
**Jeans were “form-hugging” or “tight-fitting” so any protrusions (?) would be easily obvious?
*Accused was set to work for half the day (see A22 in JA). AAA went to the Filipino Department at 830am where she saw the accused.
Accused said in A22 he decided not to change clothes.. Ask if he worried about being improperly dressed. Even assuming that he doesnt
meet students, at the very least he would be seen by his fellow staff/teachers such as Mrs. Estrelles. Parang, hindi ba siya nahihiya sa
kanila to walk around with a broken zipper? (Moreso, the possibility that a girl will take the exam, hindi ba niya naisip yun?)
**If he knows that his jeans’ zipper malfunctioned before the exam, why would he administer the exam, are there no other alternatives?
*Note that in the JA, Accused said that morning was the first time he ever saw her.
*Why was the accused the one to administer the exam? Mrs. Estrelles is his supervisor. Why not her instead? What is his job description
anyway?
Armando de Leon is liable under Section 5 paragraph (b) of Republic Act No. 7610.
Punishable Act:
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and
other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:
a. Xxxxx
b. Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided,
That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of
Act No. 3815, asa amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious
conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and
Section 2(h) of the Rules and Regulations on the REporting and Investigation of Child Abuse Cases
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, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a
person;
1. Acts of The accused committed the crime of Sworn Statement of Madison Affidavit of Madison Reyes
Lascivious lascivious conduct upon a minor Reyes
Conduct when he willfully and unlawfully
fondled his penis and masturbated
while he was beside the complainant,
AAA, while she was taking a
diagnostic examination in the Jesuit
School of Manila, thereby prejudicing
her psychological and physical
development and further debasing,
degrading, or demeaning the intrinsic
worth and dignity as a human being.
Affidavit of Guidance
Counselor Officer Marissa
Jusay
2. Child subjected The accused committed the crime of Sworn Statement of Madison Affidavit of Madison Reyes
to sexual abuse lascivious conduct upon a minor Reyes
when he willfully and unlawfully
fondled his penis and masturbated
while he was beside the complainant,
AAA, while she was taking a
diagnostic examination in the Jesuit
School of Manila, thereby prejudicing
her psychological and physical
development and further debasing,
degrading, or demeaning the intrinsic
worth and dignity as a human being.
Philippine Passport of
Madison Reyes
CHART OF EVIDENCE
Exhibit “E-2” Picture of Madison Reyes receiving To establish that Madison Reyes
award for Outstanding Academic has always been an academic and
Excellence from President Barack non-academic achiever and that she
Obama is an intelligent and hard working
student
To establish that Madison Reyes
has no ill-motive to falsely accuse
the accused
Exhibit “E-3” 8th Grade Report Card of Madison To establish that Madison Reyes
Reyes has always been an academic and
non-academic achiever and that she
is an intelligent and hard working
student
Exhibit “E-7” Report Card from Assumption To establish that Madison Reyes
Antipolo has always been an academic and
non-academic achiever and that she
is an intelligent and hard working
student
Exhibit “E-8” Letter from the White House dated To establish that Madison Reyes
January 9, 2007 has always been an academic and
non-academic achiever and that she
is an intelligent and hard working
student
Exhibit “E-9” President Award for Academic To establish that Madison Reyes
Excellence has always been an academic and
non-academic achiever and that she
is an intelligent and hard working
student
Exhibit “E-11” Report Cart from Sulphur Springs To establish that Madison Reyes
Union School District has always been an academic and
non-academic achiever and that she
is an intelligent and hard working
student
Exhibit “E-12” Graduation Rites Program dated To establish that Madison Reyes
June 14, 2007 has always been an academic and
non-academic achiever and that she
is an intelligent and hard working
student
Exhibit “G” Affidavit of Dr. Aleli Jao (reserved) To establish that Madison Reyes
was traumatized by the incident and
that Madison Reyes has Post
Traumatic Stress Disorder
Exhibit “H” Psychiatric Report of Dr. Aleli Jao To establish that Madison Reyes
(reserved) was traumatized by the incident and
that Madison Reyes has Post
Traumatic Stress Disorder
Exhibit “I” Curriculum Vitae of Dr. Aleli Jao To establish that Madison Reyes
(reserved) was traumatized by the incident and
that Madison Reyes has Post
Traumatic Stress Disorder