Republic of the Philippines

National Capital Judicial Region

Regional Trial Court
Manila Branch 15

PEOPLE OF THE PHILIPPINES

Complainant,

-versus- CRIMINAL CASE . L-12345

For: Violation of R.A. 9262

Harvey Cruz,
Accused.
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MEMORANDUM

The People, through the undersigned prosecutors, unto this Honorable Court most
respectfully submit and present this Memorandum in the above-titled case and aver that:

STATEMENT OF FACTS

1. Harvey is a high caliber lawyer and connected with one of the top law firms in the
country. He fell in love with an officemate, Catriona, but it did not blossom into a
relationship because Catriona is still married. He then focused on his career until he
met, Lhiz, the lady who completely changed his life.

2. Recovering from a heartbreak, Harvey sought the assistance of a psychiatrist. His

friends recommended Lhiz, a beautiful and brilliant psychiatrist. Whenever he was
depressed and stressed, he would schedule psychiatric sessions with her. These sessions
relieved all the negative emotions and tensions that he felt and enabled him to
completely move on from Catriona after three months.

3. Harvey became attached and dependent to Lhiz. He fell in love with her and became
obsessed to a point that he would schedule daily psychiatric sessions with her.
Eventually, she fell in love with him too.
 4. Harvey and Lhiz were a happy couple for three years. They did not marry each other,
but they were blessed with a son, Lance. Until one day, Lhiz woke up and realized that
she is no longer in love with Harvey. She packed her things and left their dwelling with
Lance.

5. Harvey tried everything to win Lhiz's heart again. He wooed her, visited her in her new
house and in her office, but she ignored his pleas. He requested time to visit Lance three
times a week, but she denied his request.

6. Harvey consistently exerted efforts for a period of three months, until Lhiz filed a
complaint for Violation of R.A. 9262, particularly for acts of stalking, emotional,
psychological and mental abuse. She alleged that she could no longer work and
properly function as an individual due to his persistent acts and efforts. She prayed for
protection orders, such as prohibiting Harvey from getting near her, her house and
workplace for a radius of 70) meters. She also prayed that she be granted sole custody
over Lance and that Harvey be denied of his visitorial rights.

ISSUES OF THE CASE

WHETHER OR NOT ACCUSED IS GUILTY BEYOND REASONABLE DOUBT

FOR VIOLATION OF R.A. 9262

ARGUMENTS

THE ACTS OF THE ACCUSED IS IN VIOLATION OF SECTION 5(I) OF R.A. 9262

DISCUSSION

7. The act commitided by accused is tantamount to Phychological Violence.

Sec. 3. Definition of Terms. - As used in this Act,

 (a) "Violence against women and their children" refers to any act or a series of
acts committed by any person against a woman who is his wife, former wife,
or against a woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty. It includes, but is
not limited to, the following acts:

C. "Psychological violence" refers to acts or omissions causing or likely to cause

mental or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and marital infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children.

8. Likewise, Section 3 (d) of RA 9262 defines stalking as “an intentional act committed
by a person who, knowingly and without lawful justification, follows the woman or her
child or places the woman or her child under surveillance directly or indirectly or a
combination thereof.”

9. Here it the act of the accusesd of continuously following and appearing at the place of
residence of Lhin as well as in her work place for a span of more or less 3 months is
tantamount to stalking, there being no justifiable reason to continiously carry out the
same.

10. Additionally, in the case of Dinamling v. People, the Supreme Court already had
occasion to enumerate the elements of psychological violence under Section 5(i) of
R.A. No. 9262, as follows:

Section 5. Acts of Violence Against Women and Their Children. - The crime of violence
against women and their children is committed through any of the following acts:

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or
her child, including, but not limited to, repeated verbal and emotional abuse, and
denial of financial support or custody of minor children or access to the woman's
child/children.
From the aforequoted Section 5(i), in relation to other sections of R[.]A[.] No. 9262, the
elements of the crime are derived as follows:

(1) The offended party is a woman and/or her child or children;

 (2) The woman is either the wife or former wife of the offender, or is a woman with whom
the offender has or had a sexual or dating relationship, or is a woman with whom such
offender has a common child. As for the woman's child or children, they may be legitimate
or illegitimate, or living within or without the family abode;
(3) The offender causes on the woman and/or child mental or emotional anguish; and
(4) The anguish is caused through acts of public ridicule or humiliation, repeated verbal
and emotional abuse, denial of financial support or custody of minor children or access to the
children or similar such acts or omissions.

11. In this case, all the elements are present, as to the second element, despite the fact that
the accused and Lhin were not married, the two of them had a common child as such it
would warrant the application of R.A. 9262. Moreover, the element of mental anguish
is present, the fact that Lhin can no longer work and function properly pursuant to the
obsession of the accused as evidenced by his constant pestering of and his continuous
unannounced visitation in the place of residence as fell as in the work place of the
complainant.

12. The obssession of the acussed is likewise apparent based on the foregoing facts where
in accused became dependent and attached to Lhin to the point wherein he scheduled
daily psychiatric session with her in an attempt to be in her company in a day to day
basis.

13. In the same case previously aforementioned, the Supreme Court elucidated that
Psychological violence is an element of violation of Section 5(i) just like the mental or
emotional anguish caused on the victim. Psychological violence is the means employed
by the perpetrator, while mental or emotional anguish is the effect caused to or the
damage sustained by the offended party. To establish psychological violence as an
element of the crime, it is necessary to show proof of commission of any of the acts
enumerated in Section 5(i) or similar such acts. And to establish mental or emotional
anguish, it is necessary to present the testimony of the victim as such experiences are
personal to this party.

12 Thus, to establish the presence of Psychological violence as an element such act must
have been the cause of the mental anguish experienced by the victim. Here, the act commited by
the accused which is stalking is the direct cause of the mental anguish experienced by the accused.
As such, given the foregoing all the elements for violation of Section 5(i) of r.A. 9262 are present.

PRAYER

WHEREFORE, premise considered, it respectfully prayed for that judgement be rendered

by this Honorable Court in favor of the Plaintiff in the following manner;
 1. That Acussed be found guilty beyond reasonable doubt for violation of Section 5(i) of
R.A. 9262
2. That a Protection order be issued and granted in Favor of the Plaintiff and the Child
3. And that for the best interest of the child, the custody of the child be granted in favor
of the complainant

Other just and equitable relief under the foregoing are likewise being prayed for.

Respectfully submitted.

Manila City, Philippines. June 22, 2020.

ATTY. DEI G. GALO

PROSECUTOR
IBP Lifetime No. 62341; 5/10/2014
PTR No. 3342; 2/10/2017
Roll of Attorney No. 2018-005463
MCLE Compliance No. III – 000555

Copy Furnished:

ATTY. Kevin Durant

Counsel for the Accused
Unit 3, Pacific towers
Espana, Manila