Joji and Jana have been married for 10 years.

They have 3 children,

Bento, Beni, and Beliza, all minors. Unfortunately, Joji and Jana has
not had the best relationship. Joji’s work in Manila as a driver takes
him away from his family in Bulacan. During one of this work trips, he
met Ysa.

More and more, Joji started to spend more time in Manila with Ysa,
and less time with his family in Bulacan. Finally, after a big fight with
Jana, Joji moved out of their house in Bulacan and started to live with
Ysa. However, due to the love for his children, Joji would regularly
visit his kids and allow them to visit him in Manila.

On July 6, 2019, Bento and Beliza visited their father in his apartment
in Manila. Ysa was also there. This wasn’t new to the children as they
have seen Ysa around before. However, during that night, Bento and
Beliza witnessed Ysa giving their father a massage and saw her
kissing him on the checks and the lips. Also, during that night, they
witnessed their father cuddle with Ysa as they slept together. Without
Joji knowing, Bento took picture of this on his phone.

The next day, Bento showed to his mother the pictures of Joji and
Ysa. This angered Jana and she instructed Bento to go back to his
father apartments, wait there until Joji and Ysa get home, then
message her. Being the obedient son, Bento went back to Manila and
waited for his father and Ysa. In the meantime, Jana proceeded to the
Barangay Hall that had jurisdiction over Joji’s residence. She
explained her predicament to the officers there, and they were more
than willing to help her. After she received the text from Bento, they
proceeded to Joji’s apartment where they found him and Ysa.

Joji and Ysa were taken back to Barangay Hall and charged with
violation of Section 10 of R.A. 7610. The case was then referred to
the Fiscal’s Office, who found reasonable ground to charge the Joji
and Ysa. An information was then filed before the court charging Joji
and Ysa of violating Section 10 of R.A. 7610 on July 7, 2019.

During the presentation of prosecution’s evidence, the pictures taken

by Bento were submitted for the court’s consideration. Further, Bento
and Beliza testified that they had seen their father commit the
disturbing acts with Ysa when they slept over their father’s
apartment. In both of their testimonies, they stated that seeing their
father with another man thoroughly bothered them emotionally and
psychologically. This created problems for them in their normal life at
school, with friends, and within the family. After the testimony of
Bento and Beliza, the prosecution rested.
On cross-examination, Bento admitted that the pictures he took were
taken on the night they slept over, and he recanted the events of July
7, 2019.

Bento and Beliza admitted that they had already known of the falling
out of their parents. They both testified that their father took the time
to talk to them about the situation with their mother, and why their
father had to leave. They also testified that Ysa had already been
introduced to them by their father even before the incident, and they
considered Ysa as part of heir father’s life. They stated that they both
love their father very much.

During the hearing, the senior lawyer of your firm manifested with the
court that defense will be filing a Demurrer. You are assigned to make
the necessary documents and pleadings to be filed with the court.
Omit details other than those in the narration.