Republic of the Philippines

Fourth Judicial Region

REGIONAL TRIAL COURTBranch 711, Batangas CityREPUBLIC OF THE PHILIPPINESCRIM. CASE NO.

Plaintiff,TG-1234-56

-versus- MANDO RUGAS Accusedx-------------------------------------------------------------------------xTRIAL MEMORANDUM

The People, through the undersigned counsel, unto this Honorable Court most respectfully submit and present this Memorandum in the above-titled case and aver that:NARRATION OF EVENTS1. Herein Accused, Mando Rugas, was able to manage his life for 25 years as a couch potato who defray his expenses with proceeds from the trust fund established by his industrious parents; 2. While browsing in Facebuko, a social networking site, he came across the profile of Kimchie Japche and thereafter sent her a contact request;

3. On the other hand, Kimche, through the promise of Mando to give her a life in paradise, acceded to the marriage proposal of Mando. Thereafter, they got married on the fateful day of October 24, 2014.

4. The said promise of a life in paradise never happened and Kimichies life with Mando became worst because he remained as a couch potato, who just lies in front of his TV while playing with his laptop. Mando only noticed her every time he feels hungry and he feels like having carnal access of her. 5. A year after the parties wedding, they had triplets by the names Clotho, Lachesis and Atropos;6. Kimchies life became way more awful when Mandos trust fund was depleted and at the same time, he developed a liking for drugs that drove him mad. Mando, who is then so desperate to satisfy his drug addiction, sold their children to different buyers;

7. Clotho was sold to Kim the pimp, Lachesis to Rachel, and organs seller and Atropos, to Maggie, a barren wife;

8. Upon knowledge of this horrible deed of Mando, Kimchie immediately caused his arrest and charged him an information for violation of Section 4 of RA 9208, as amended by RA 10364, filed before the Batangas City RTC Branch 711;

9. The Information further alleged that the Trafficking was Qualified because the victims are children, the parent committed the offense and finally, the crime was committed in a large scale;

Hence, the filing of this instant Memorandum.SOLE ISSUEWhether or not Accused Mando is guilty of the violation of Section 4 of RA 9208, as amended by RA 10364.ARGUMENTFor the reasons that will be discussed below, Accused Mando must be held guilty from the charge of violation of Section 4 of RA 9208, as amended by RA 10364 charged against him. The Prosecution, lead by undersigned prosecutor, was able to establish beyond reasonable doubt as well as with moral certainty the requisites of the crime charged against the accused.

DISCUSSIONI. A violation of Section 4 of RA 10364 against the Accused was proven

beyond reasonable doubt;Section 4 of RA 9208, as amended by RA 10364 provides the different Acts which constitute Trafficking in Persons. In the present case, Accused Mando, being so desperate to satisfy his undying addiction to Drugs, willfully, unlawfully and feloniously sold his children to a Pimp, an Organ Seller and a Barren Wife. This deed of the accused is a clear violation of the aforementioned especial law, specifically Section 4;SEC. 4. Acts of Trafficking in Persons. It shall be unlawful for any person, natural or juridical, to commit any of the following acts:x x x

(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person;x x x

(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a child for purposes of exploitation or trading them, including but not limited to, the act of baring and/or selling a child for any consideration or for barter for purposes of exploitation. Trafficking for purposes of exploitation of children shall include:(2) The use, procuring or offering of a child for prostitution, for the production of pornography, or for pornographic performances;As above-stated in the facts, one of the children, Clotho, was sold to a certain Jim who is a Pimp, which is considered as one who provides either gratification or satisfaction for the lust of others.() Simply put, since Clotho was sold in a person engaged in a business of providing satisfaction for other peoples lust, it is beyond reasonable doubt that the said trafficking is for the purpose of exploitation or offering the child for prostitution. Another child, Lachesis, was sold to a certain Rachel who is an organs seller. There is no room for uncertainty that the trafficking made is for the purpose of removal or sale of organs of the victim, a clear violation of Sec 4, Par H of RA 10364.

II. The said violations are

considered as Qualified

Trafficking in Persons

As amended by RA 10364, Sec 6 thereof provides for the instances when the violations of Section 4 shall be considered as Qualified Trafficking. The instant information further alleged that what the Accused had done is a Qualified Trafficking in persons, provided that the instances are present in this case.

SEC. 9.Qualified Trafficking in Persons. Violations of Section 4 of this Act shall be considered as qualified trafficking:(a) When the trafficked person is a child;

x x x

(c) When the crime is committed by a syndicate, or in large scale. x x x It is deemed committed in a large scale if committed against three (3) or more persons, individually or as a group;

(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee;

As narrated in the facts, the victims: Clotho, Lachesis and Atropos were all children, and as defined in RA 10264, these are persons below eighteen (18) years of age. At the time the alleged crime was committed, the victim children are only 1 2 years of age, and clearly within the definition of Child/Children in the said law. Anent to the allegation that the crime was committed in the large scale, it is undoubtedly proven and supported by the fact that there are three (3) individual victims who were sold into three different buyers. And finally, the allegation which makes the trafficking as qualified, is that the offender is one of the parents of the children, herein accused, Mando Rugas. It is a clear and unquestionable fact that Mando is the father of the victims who exercise authority over them.

All told, the instances enumerated in Section 9 of RA10364 in order to consider it as a Qualified Trafficking in Persons are all present in the instant case. There is neither room for doubt nor for uncertainty in rendering that indeed, the trafficking made by the Accused against his own children is Qualified. PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that Accused MANDO RUGAS be held GUILTY of the crime of Violation of RA 10364. Other reliefs just or equitable under the circumstances are

likewise prayed for.

RESPECTFULLY SUBMITTED.

Batangas City, 25 March 2016.CLASH OF CLANS LAW OFFICE# 62 Makaveli Village, Manila City

Tel No. 12-345-67

By:

Atty. Finn D. Human

Counsel for Plaintiff#876 Brgy. Tibay, Manila City

Roll of Attorneys No. 0987

PTR No. 12345

IBP No. 65748 / Manila Chapter

Copy furnished:

Atty. Jake D. Doug

Counsel for Accused#1234 Brgy. Mahina, Manila City

Branch Clerk of Court

Kindly submit this Trial Memorandum for the kind consideration of this

Honorable Court.

EXPLANATION

The filing and service of this Trial Memorandum is being done by registered mail due to lack of sufficient personnel to effect personal filing and service.SUBMITTED BY: APRIL ROSE S. LERIT1 JD-C US vs Cruz, 38 Phil. 677