REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT BRANCH 18

People of the Philippines, Plaintiff, -versusTaylor Swift, Accused, x- - - - - - - - - - - - - - - - - - -x

Criminal Case No. 12345 For: Frustrated Murder

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 by extreme 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 grapefruit juice intended for Katty. 2. Taylor, with intent to kill, pour in and mix rat poison in the grapefruit juice which she had 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.

Furthermore. warranting an immediate medical intervention. which she complied. In addition. the Dr. shall kill another. made sure that her neurologic and cardiovascular status has normalized and acidosis and other metabolic abnormalities have resolved. While they were inside a room in the house party. based on the Medico Legal Report. On the other hand. marked as ANNEX 1 16. 15. And that Katty has suicidal tendencies considering she once attempted to commit suicide because of the death of her parents. From there Katty lost consciousness. she was aggrieved because she had to spend doctor’s fees. A. She was discharged after 1 week because the Dr. Katty was managed to bring in the Philippine General Hospital and attended by Dr. or in a very critical condition. hospitalization expenses. TAYLOR SWIFT is guilty for the commission of an offense of FRUSTRATED MURDER. Since the date of Katty’s injury and even during hospitalization period. The cause of Katty’s hospitalization was the act of pouring in and mixing of rat poison in the grapefruit juice which had prepared by Taylor. she suffered the mental anguish. constant monitoring for any sign of deterioration and further evaluation. however Taylor with a sarcastic smile managed to grab her on her feet. hence she is suffering from mental disorder and severe depression. Hans Catacho. 1. She was clearly in an unstable condition. the following issues are presented for discussion: 1. ARGUMENTS I. 10. not falling within the provisions of Article 246. After the discharge. found out that Katty was in a healthy state of mind. Katty fainted and fell. Taylor maintains that the poison was incurred by Katty in her own negligence for using rat killer in cleaning the dirty kitchen. fright and serious anxiety. and medicine. 12. It denied liability on the accusation.7. 14. . Whether or not TAYLOR SWIFT may be held guilty for the commission of an offense of FRUSTRATED MURDER under the Revised Penal Code. as evidenced by receipts. 13. 8. ISSUES Given the foregoing facts and circumstances. 9. Katty was probably dead if she was not immediately brought to the hospital for proper medical treatment. 248(3) provides “Any person who. Katty was required to be checked up within 7 to 10 days from the day of discharge. 11. Art. shall be guilty of murder and shall be punished by Reclusion Perpetua.

250(1) of the Revised Penal Code “ The courts. Katty was in a healthy state of mind. explosion. Even assuming there was also negligence on the part of Katty. 6(2) of the Revised Penal Code.to death** if committed with any of the following attendant circumstances. PRAYER WHEREFORE. Hence. do not produce it by reason of causes independent of the will of the perpetrator. 6. hence it is only frustrated Murder. Katty was probably dead if she was not immediately brought to the hospital for proper medical treatment. and if she was not immediately brought to the hospital for proper medical treatment she was probably dead. July 17. 7. which the latter drink. fall of an airship. derailment or assault upon a railroad. nevertheless.” 4. Moreover. shipwreck. poison. Applying the law to the present case. It is frustrated under Art. Taylor pour and mix rat poison in the grapefruit juice in which Katty. Taylor intended to kill Katty by pouring and mixing rat poison to the grapefruit juice. defined and penalized in the preceding articles. murder or homicide. . 2013. Other just and equitable remedies under the circumstances are likewise prayed for. 3. or with the use of any other means involving great waste and ruin:” in relation to Art. in view of the facts of the case. she was probably dead if not for the immediate medical treatment. B. She was not suicidal as alleged by Taylor. after cleaning the house. or in a very critical condition. But such was not the case. if only small amount was incurred by her in using the rat poison in cleaning the dirty kitchen. Quezon City. It is undisputed that Taylor before leaving the house prepared one pitcher of grapefruit juice intended for Katty. by means of motor vehicles.…(3) By means of inundation. 8. a penalty lower by one degree than that which should be imposed under the provisions of Article 50. “…when the offender performs all the acts of execution which would produced the felony as a consequence but which. based on the Medical and Psychological Examination and Medico Legal Report. But she survived. premises considered. Katty would not have on unstable condition. stranding of a vessel. She would not have neurologic and cardiovascular complications if only small amount was intake by her. drink two glasses that causes to her severe headache that results the lost of her consciousness. such was only mild and minor not to cause severe headache to her. fire. Clearly. the poison was in big amount that almost causes her death. may impose upon the person guilty of the frustrated crime of parricide. Use of poison in the commission of the crime was present in the case. 5. it would be a crime of Murder.” Article 50 provides “ The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principals in a frustrated felony. 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.” 2.

MARIEL ANGELA SORIANO Prosecutor . 8. ATTY. MARIEL ANGELA SORIANO Prosecutor Address: No.C.ATTY. Central Ave. the above Memorandum was served via registered mail as personal service could not be availed of without causing undue hardship to plaintiff. CHESTER DULA Counsel for Accused EXPLANATION In view of time and manpower restrictions. Q. IBP No: 9762 PTR No: 52879 Roll No: 1298 MCLE No: 120876 Copy furnished: ATTY.

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