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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

BRANCH 18

People of the Philippines,

Plaintiff, Criminal Case No. 12345

-versus- For: Frustrated Murder

Taylor Swift,

Accused,

x- - - - - - - - - - - - - - - - - - -x

MEMORANDUM FOR PLAINTIFF

Plaintiff, by counsel, respectfully states that:

STATEMENT OF THE CASE

Plaintiff KATTY PERRY (hereinafter Katty) filed the present complaint for frustrated murder

against Accused TAYLOR SWIFT (hereinafter Taylor). The said accused was motivated byextreme jealousy did then and there willfully, unlawfully, feloniously, and by means of poison,

committed frustrated murder, upon Katty directly by overt acts. Defendant Taylor maintains that

the poison was incurred by Katty in her own negligence for using rat killer in cleaning the dirty

kitchen.

STATEMENT OF THE FACTS

1. On May 20, 2013, Taylor, before leaving the house, prepared one pitcher of grapefruitjuice intended for Katty.

2. Taylor, with intent to kill, pour in and mix rat poison in the grapefruit juice which shehad prepared for Katty.

3. Taylor informed Katty that she had prepared one pitcher of grapefruit juice for her.

4. At around 10 in the morning on that same date, Katty after cleaning the house, drink,

unknown that it was poisoned, two (2) glasses of grapefruit juice which was prepared by

the Taylor.

5. Katty have met with Taylor at around 3 in the afternoon for a coffee break and from there

she was suffering severe headache.

6. At around 6 in the evening , they proceeded to the house party of their friend.

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7. While they were inside a room in the house party, Katty fainted and fell, however Taylor

with a sarcastic smile managed to grab her on her feet.

8. From there Katty lost consciousness.

9. Katty was probably dead if she was not immediately brought to the hospital for propermedical treatment. She was clearly in an unstable condition, or in a very critical

condition, warranting an immediate medical intervention, constant monitoring for any

sign of deterioration and further evaluation.

10. Katty was managed to bring in the Philippine General Hospital and attended by Dr. Hans

Catacho.

11. She was discharged after 1 week because the Dr. made sure that her neurologic and

cardiovascular status has normalized and acidosis and other metabolic abnormalities have

resolved.

12. After the discharge, Katty was required to be checked up within 7 to 10 days from the

day of discharge, which she complied.

13. In addition, the Dr. found out that Katty was in a healthy state of mind, based on the

Medico Legal Report.

14. Since the date of Kattys injury and even during hospitalization period, she suffered themental anguish, fright and serious anxiety.

15. Furthermore, she was aggrieved because she had to spend doctors fees, hospitalization

expenses, and medicine, as evidenced by receipts, marked as ANNEX 1

16. On the other hand, Taylor maintains that the poison was incurred by Katty in her own

negligence for using rat killer in cleaning the dirty kitchen. And that Katty has suicidaltendencies considering she once attempted to commit suicide because of the death of her

parents, hence she is suffering from mental disorder and severe depression. It denied

liability on the accusation.

ISSUES

Given the foregoing facts and circumstances, the following issues are presented for discussion:

1. Whether or not TAYLOR SWIFT may be held guilty for the commission of an offense ofFRUSTRATED MURDER under the Revised Penal Code.

ARGUMENTS

I. TAYLOR SWIFT is guilty for the commission of an offense of FRUSTRATED MURDER.

A. The cause of Kattys hospitalization was the act of pouring in and mixing of rat poison in

the grapefruit juice which had prepared by Taylor.

1. Art. 248(3) provides Any person who, not falling within the provisions of Article 246,

shall kill another, shall be guilty of murder and shall be punished by Reclusion Perpetua,

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to death** if committed with any of the following attendant circumstances;(3) By

means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment

or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the useof any other means involving great waste and ruin: in relation to Art. 250(1) of the

Revised Penal Code The courts, in view of the facts of the case, may impose upon the

person guilty of the frustrated crime of parricide, murder or homicide, defined andpenalized in the preceding articles, a penalty lower by one degree than that which should

be imposed under the provisions of Article 50. Article 50 provides The penalty next

lower in degree than that prescribed by law for the consummated felony shall be imposedupon the principals in a frustrated felony.

2. Use of poison in the commission of the crime was present in the case.

3. It is frustrated under Art. 6(2) of the Revised Penal Code, when the offender performs

all the acts of execution which would produced the felony as a consequence but which,

nevertheless, do not produce it by reason of causes independent of the will of the

perpetrator.

4. It is undisputed that Taylor before leaving the house prepared one pitcher of grapefruitjuice intended for Katty. Taylor pour and mix rat poison in the grapefruit juice in which

Katty, after cleaning the house, drink two glasses that causes to her severe headache that

results the lost of her consciousness. Katty was probably dead if she was not immediatelybrought to the hospital for proper medical treatment.

5. Applying the law to the present case, Taylor intended to kill Katty by pouring and mixing

rat poison to the grapefruit juice, which the latter drink, and if she was not immediatelybrought to the hospital for proper medical treatment she was probably dead. Clearly, she

was probably dead if not for the immediate medical treatment. Hence, it would be a crime

of Murder. But she survived; hence it is only frustrated Murder.

6. Moreover, Katty was in a healthy state of mind, based on the Medical and Psychological

Examination and Medico Legal Report. She was not suicidal as alleged by Taylor.

B. Even assuming there was also negligence on the part of Katty, such was only mild and

minor not to cause severe headache to her.

7. Katty would not have on unstable condition, or in a very critical condition, if only smallamount was incurred by her in using the rat poison in cleaning the dirty kitchen.

8. She would not have neurologic and cardiovascular complications if only small amountwas intake by her. But such was not the case; the poison was in big amount that almost

causes her death.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that judgment be rendered in favor

of plaintiff and against defendant by:

Finding TAYLOR SWIFT be held guilty for the commission of an offense of

FRUSTRATED MURDER under the Revised Penal Code.

Other just and equitable remedies under the circumstances are likewise prayed for.

Quezon City, July 17, 2013.

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ATTY. MARIEL ANGELA SORIANO

Prosecutor

Address: No. 8, Central Ave. Q.C.IBP No: 9762

PTR No: 52879

Roll No: 1298MCLE No: 120876

Copy furnished:

ATTY. CHESTER DULA

Counsel for Accused

EXPLANATION

In view of time and manpower restrictions, the above Memorandum was served via registered

mail as personal service could not be availed of without causing undue hardship to plaintiff.

ATTY. MARIEL ANGELA SORIANOProsecutor