Judicial Forms (Criminal Cases) : Violation of Ra 7610 (Child Abuse)

JUDICIAL FORMS (CRIMINAL CASES)
VIOLATION OF RA 7610 (CHILD ABUSE)

COMPLAINT-AFFIDAVIT
REPUIBLIC OF THE PHILIPPINES)

QUEZON CITY ) s.s.
COMPLAINT – AFFIDAVIT
I, Pepitadela Cruz, Filipino, of legal age, married to Pepitodela Cruz, and a resident of
#1 Accuser Street, QUEZON City, Philippines, after being sworn to in accordance with
law, depose and state:
1. That I am the mother of Ralph C. Santos Jr.; the offended party, being
my first born child from my first live-in partner, Ralph A. Santos Sr.
and Pepitodela Cruz is my lawfully married husband; the accused in
this case.
2. That Pepitodela Cruz currently resides at our conjugal house at #1

Accuser Street, QUEZON City;
3. That at about 9 (nine) in the evening of May 5, 2012, the accused was
having a drinking spree with his friends namely Allan G. Castillo and
Joe A. Clarin at the balcony of our conjugal house when all of the
sudden I heard the accused called my son, Ralph to buy him two
more bottle of Sanmig beer;
4. That when my son, Ralph didn’t conform right away because the latter
was inside the comfort room, the accused sturdily knocked the
comfort room’s door instructing Ralph to come out right away while
uttering demeaning words to the latter, such as you’re lazy, you’re son
of an idiot, you’re better than nothing, you don’t have any value
etch...;
5. That when my son open the comfort room’s door the accused
immediately grabbed my son’s body, tossed him on the chair in front
of the dining table, banged his head against the table, boxed him
repeatedly and kicked him on his waist several times;
6. That when I came to rescue my son the accused hurriedly run towards
the main door;
7. I am therefore executing this Complaint-Affidavit in support of the

charges for Child Abuse penalized under Sec. 10, paragraph (a), in
relation to Section 3 paragraph a & b (1 & 2) of Republic Act 7610
against the said Pepitodela Cruz.
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of May2012
at QUEZON City, Philippines.
PEPITA DELA CRUZ

Affiant-Complainant
SUBSCRIBED AND SWORN to before me this 6th day of May2012, affiant

exhibiting to me her Community Tax Certificate No. 987654321 issued on January 5,
2012, at Quezon City.
CERTIFICATION
This is to certify that I have personally examined the affiant and I am satisfied
that he understood this complaint-affidavit and that he voluntarily executed the same.
BERNADETTEPASCUA
ASST. CITY PROSECUTOR
217 | A d v a n c e L e g a l W r i t i n g

COUNTER – AFFIDAVIT
REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSEUTOR
QUEZON CITY
Pepitadela Cruz
Complainant,
- versus - I.S. No. 2012-08-05
For: Child Abuse (R.A. 7610)
Pepitodela Cruz
Respondent.
x----------------------------------------------------x
COUNTER – AFFIDAVIT
I, Pepitodela Cruz, of legal age, married, Filipino and with residence address at
No. 1 Accuser Street, QUEZON City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state, that:
(1) I was charged with Child abuse under Sec. 10, paragraph (a), in relation to
Sec. 3, paragraph a & b (1 & 2) of Republic Act 7610, for having allegedly physically and
verbally abused Ralph C. Santos Jr.;
(2) The truth of the matter is that on that evening of May 5, 2012 after our
drinking session with my friends Allan G. Castillo and Joe A. Clarin, I called Ralph to buy
two more beer but when the boy was still inside the comfort room despite of calling him
many times, I just ignored it and proceeded to the third floor of the house and soundly
slept there when I heard the commotion on the second floor of the house near the
balcony;
(3) That Ralph upon getting out of the comfort room slipped on the floor near the
stairs and fell thereon that caused him serious physical injuries, but due to the effect of
alcohol I didn’t clearly understand what was going on so I just went back to sleep and my
intoxication deprived me to offered assistance to the injured Ralph, and the last thing I
remember was when the police arrested me in the morning of May, 06, 2012 for alleged
maltreatment of Ralph C. Santos Jr.
I am executing this counter-affidavit, to attest to the truth of the foregoing and

for whatever legal purpose it may serve.
QUEZON City, May 6, 2012.

Juan dela Cruz
Respondent-Affiant
CTC No. 00123456
Issued On: July 04, 2012
Issued At: QUEZON City
SUBSCRIBED and SWORN, to before me in the City of QUEZON, this 6th

day of May2012 by Mr. PepitoDela Cruz with Residence Certificate No. 0012345 issued
at QUEZON City, on July 4, 2012.
ATTY. JUAN DELA CRUZ

Notary Public
My commission expires on December 31, 2012
Doc No. 654321
Page No. 654321
Book No. 654321
Series of 2012.
Copy Furnished:
Pepitadela Cruz
(Private-Complainant)
#1 Accuser St., QUEZON City, Philippines

REPLY TO COUNTER AFFIDAVIT
REPUBLIC OF THE PHILIPPINES)

QUEZON CITY ) S.S.
REPLY TO COUNTER AFFIDAVIT
I, PEPITAdela CRUZ, of legal age, married, Filipino, and a resident of #1 Accuser

Street, QUEZON City, Philippines, after having been sworn to in accordance with law,
hereby depose and say THAT;
(a) I am executing this affidavit in reply jointly to the counter-affidavit

submitted by the respondent in I. S. No. 2012-08-05 and, at this
outset, I hereby reiterate and incorporate herein my allegations in my
earlier complaints-affidavit filed against the answering respondent;
(b) The argument raised by the respondent in the counter affidavit is that
he was not the one who inflicted those physical abuses to my son,
since he was already sleeping when the incident happened, and that,
those sustained physical injuries by my son were self-inflicted since
the latter fell from the stairs of the second floor of the house;
(c) There can be no conclusion other than the fact that the respondent is
the one who inflicted those physical and verbal abuses to my son,
Ralph C. Santos Jr.;
(d) The rest of the allegations in respondent’s counter affidavit are

irrelevant and immaterial and are evidently designed to build a
collateral defense against the plain and simple complaint for Child
Abuse under Sec. 10, paragraph a & b (1 & 2) of Republic Act No.
7610;
(e) This affidavit is made in utmost good faith for the sole purpose of
attesting to the truth of the foregoing statements of fact in
furtherance of my efforts to prosecute the respondent in conformity
with my complaint filed against him.
IN TRUTH WHEREOF, I have hereunto set my hand this 25th day of May, 2012,
at the City of QUEZON, Philippines.
Pepitadela Cruz
Complainant
SUBSCRIBED AND SWORN to before me this 25th day of May, 2012, at the City
of QUEZON, Philippines, and I hereby certify that I have personally examined the affiant
and that I am satisfied that she voluntarily executed and understood her affidavit.
Atty. Juan Dela Cruz

Notary Public
My conmmision expires on
December 31, 2012
Doc No. 654321

Page No. 654321
Book No. 654321
Series of 2012.

REJOINDER TO REPLY

OFFICE OF THE CITY PROSECUTOR
CITY OF QUEZON
RE: PEPITA DELA CRUZ,

Complainant, I. S. No. 2012-08-05
-versus- For: CHILD ABUSE
PEPITO DELA CRUZ,

Respondent.
X-------------------------------------------------X
REJOINDER TO REPLY
COMES NOW the respondent, PEPITO DELA CRUZ, through counsel, and, by
way of a Rejoinder to the complainants’ Reply, respectfully alleges that:
This Rejoinder is being filed with the Office of the City Prosecutor considering
that Reply filed by the complainant disregards the fact the accused was not the one
who inflicted cruel acts to the victim and those sustained serious physical injuries
were self-inflicted when the boy by himself slipped on the floor near the stairs and
fell thereon, the accused didn’t able to rescue the boy because of too much
intoxication and such actions of the respondent does not constitute child abuse as
punished by R.A. 7610.
The simple issue of the matter now is whether or not such action of the accused
constitute a violation of the provision of Republic Act 7610 on Child Abuse.
PREMISES CONSIDERED, there appears no valid nor cogent reason to proceed with
the filing of the information as there is clearly a lack of merit on the case of the
complainant.
QUEZONCity,September 10, 2012
Respectfully submitted:
JUAN T. AMAD
Counsel for Respondent
Araneta Avenue, QUEZON City.
I B P 123456
P T R 123456
Roll No. 123456
Copy furnished:
Pepitadela Cruz –
#1 Accuser Street, QUEZON City

SUR–REJOINDER
Republic of the Philippines

City of QUEZON
RE: PEPITA DELA CRUZ,

Complainant,
-versus- I. S. No.2012-08-05
For: CHILD ABUSE
PEPITO DELA CUZ,

Respondent.
X========================X
S U R – RE J O I ND E R
COMES NOW the complainant, Pepitadela Cruz, through counsel, and, by way of a
Sur rejoinder, respectfully alleges that:
This Sur rejoinder is being filed with the Office of the City Prosecutor considering
that Rejoinder filed by the respondent disregards the fact that the acts of respondent
constitute child abuse penalized under Sec. 10, (a), in relation to Sec. 3 (1 & 2) of
Republic Act 7610.
PREMISES CONSIDERED, it is respectfully prayed that the Office of the City

Prosecutor files the information against the herein respondent.
QUEZON City, September 25, 2012.
JOSE W. MANALO
Counsel for Complainant
Visayas Avenue, QUEZON City.
I B P 123456
P T R 123456
Roll No. 123456
Copy furnished:
Pepitodela Cruz– # 1 Accusado St QUEZON City

RESOLUTION

City of QUEZON
RE: COMPLAINT OF PEPITA DELA CRUZ Y CASTRO I.S. NO. 2012-0805

VS. PEPITO DELA CRUZ
FOR VIOLATION OF THE CHILD ABUSE LAW.
X=======================X
RESOLUTION
SUBMITTED for resolution is a complaint for “Violation of the Child Abuse Law”,
or Republic Act No. 7610, otherwise allegedly committed in the evening of May 05, 2012,
at No. 1 Accuser St. QUEZON City. In support of the complaint, the complainant and the
eight (8) year old victim submitted and affirmed their respective sworn statements.
On October 03, when this case was called for the continuation of the preliminary
investigation, the respondent appeared but the complainant failed to come. The
respondent called the attention of the undersigned to his counter affidavit and its
annexes and asked for an extension of time to submit additional evidence. Finding the
request to be in order, the same is hereby granted and the respondent is given a period of
ten (10) days from today within which to submit his additional evidence.
In the light of the foregoing, the respondent is hereby directed to furnish the
complainant with a copy of his counter affidavit, together with its annexes, and of the
additional evidence which he may submit, and to submit proof of service of the same to
this Office.
QUEZON City, October 04 ,2012.
BERNADETTE PASCUA
Assistant City Prosecutor
Copy furnished:
1. Pepitadela Cruz – No. 1 Accuser St , QUEZON City;
2. Pepitodela Cruz– No. 2 Accusado St, QUEZON City.
Child Abuse - Order Dela Cruz vsDela Cruz

INFORMATION

National Capital Judicial Region
Regional Trial Court
QUEZON City
Branch 144
THE PEOPLE OF THE PHILIPPINES,

Plaintiff,
CRIMINAL CASE NO.2012-08-05

-versus- For CHILD ABUSE (R. A. 7610)
PEPITO DELA CRUZ,

(Detained at QUEZON CityJail)
Accused.
X=========================X
INFORMATION
The undersigned City Prosecutor of the City of QUEZON accuses PEPITO DELA
CRUZ, JUAN, of acts of cruelty constituting Child Abuse, defined and punished under
Section 10, paragraph (a), in relation to Section 3, paragraphs A and B(1) of Republic Act
No. 7610, committed as follows:
That on or about the 5th day of May, 2012, in the City of QUEZON, Philippines,
and within the jurisdiction of this Honorable Court, the said accused, actuated by hate
and by means of violence, did then and there willfully, unlawfully and feloniously
commit acts of cruelty constituting Child Abuse on the person of Ralph C. Santos Jr, an
eight (8) year old minor, by banging the latter’s head against a table, boxing him
repeatedly, and kicking him on his waist, thereby inflicting upon the latter serious
physical injuries, to wit: “ Serious Infra - orbital Hematoma, left resolving”, and
“Temporary Loss of Speech due to shock and trauma” which conditions required medical
attendance for a period not less than 30 days, excluding complications, which cruel acts
are prejudicial to the child’s development.
Contrary to law.
QUEZON City, May 6, 2012.
Proceso A. Kutor
City Prosecutor
QUEZON City
AFFIDAVIT OF DESISTANCE-MISTAKEN IDENTITY
REPUBLIC OF THE PHILIPPINES}

QUEZON City } S.S.
AFFIDAVIT OF DESISTANCE
I, PEPITA DELA CRUZ , of legal age, single, Filipino, and residing at 1 Accuser
Street, QUEZON City, Philippines, after having been sworn to in accordance with law,
depose and says that:
1. I am the Private Complainant in Criminal Case No. 2012-08-05 for

CHILD ABUSE, entitled People of the Philippines vs. PEPITO
DELA CRUZ, which is now pending before the Regional Trial Court,
National Capital Judicial Region, QUEZON City, Branch 144;
2. After a careful evaluation of the facts and circumstances surrounding

the case, I personally and honestly believe that, due to the darkness of
the night during which the incident happened, I was not able to see
the face of the perpetrator;
3. I cannot, in clean conscience, pursue this criminal case against the ac-
cused where I cannot verify with certainty the identity of the perpetra-
tor;
4. I am no longer interested in further prosecuting the case against the

accused;
5. I am not paid, threatened, nor coerce in executing this affidavit of de-

sistance;
6. I am voluntarily executing this affidavit to attest the veracity of the

foregoing and to move for the dismissal of the said case against the ac-
cused.
IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of

November 2012, in the City of QUEZON.
PEPITA DELA CRUZ

Affiant
CTC No. 987654321;
Issued at: QUEZON City;
Issued on: January 4, 2012.
SUBSCRIBED and SWORN, to before me in the City of QUEZON, this 29 TH

day of May2012 by Pepitadela Cruz with Residence Certificate No. 0987654321 issued at
QUEZON City, on January 4, 2012.

Notary Public
Roll: 123456
IBP: 123456
PTR: 123456
MCLE: 123456
Doc. No. 654321_______;

Page No. 654321_______;
Book No. 654321_______;
Series of 2012

A F F I D A V I T O F D E S I S T A N C E -MISAPPREHENSION
REPUBLIC OF THE PHILIPPINES}

QUEZON City } S.S.
AFFIDAVIT OF DESISTANCE
I, PEPITA DELA CRUZ, of legal age, married, Filipino, and residing #1 Accuser
St., QUEZON City, Philippines, after having been sworn to in accordance with law,
depose and says that:
1. I am the Private Complainant in Criminal Case No. 2012-08-05 for CHILD ABUSE
under R.A. 7610, entitled People of the Philippines vs. PEPITO DELA CRUZ,
which is now pending before the Regional Trial Court, National Capital Judicial Re-
gion, QUEZON City, Branch 144;
2. After a careful evaluation of the facts and circumstances surrounding the case, I per-
sonally and honestly believed of my own knowledge that the incident which led to
the filing of the above-captioned case was just a misunderstanding between the vic-
tim and the aforementioned accused;
3. Further interview with other witnesses affirms the truthfulness of the statement of
PEPITO DELA CRUZ that my son, Ralph C. Santos Jr was not intentionally beaten
by the latter;
4. I am no longer interested in further prosecuting the case against the accused;
5. I am not paid, threatened, nor coerce in executing this affidavit of desistance;
6. I am voluntarily executing this affidavit to attest the veracity of the foregoing and to
move for the dismissal of the said case against the accused.
IN WITNESS WHEREOF, I have hereunto set my hand this 29 th of May2012, in

the City of QUEZON.
PEPITA DELA CRUZ

Affiant
CTC No. 987654321;
Issued at: QUEZON City;
Issued on: January 4, 2012.
SUBSCRIBED and SWORN, to before me in the City of QUEZON, this 25 th

day of November, 2012 by Juan dela Cruz with Residence Certificate No. 0987654321
issued at QUEZON City, on January 4, 2012.

Notary Public
Roll: 123456
IBP: 123456
PTR: 123456
MCLE: 123456
Doc. No. 654321
Page No. 654321
Book No. 654321
Series of 2012.

PETITION TO POST BAIL

QUEZON City
Branch 144
PEOPLE OF THE PHILIPPINES,

Plaintiff,
-Versus- CRIMINAL CASE No. 2012-08-05

For: CHILD ABUSE (R.A. 7610)
JUAN DELA CRUZ,

Accused.
X===========================X
PETITION TO POST BAIL
COMES NOW accused PEPITO DELA CRUZ, through the undersigned counsel, and
respectfully alleges:
1. That the defendant is in custody for the alleged commission of the crime of Viola-
tion of R.A. 7610 otherwise known as Special Protection of Children Against Child
Abuse, Exploitation And Discrimination Act;
2. That no bail has been recommended for his temporary release, on the assumption
that the evidence of guilt is strong;
3. That the burden of showing that evidence of guilt is strong is on the prosecution,
and unless this fact is satisfactorily shown, the defendant may be bailed at the
court’s discretion.
WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the
defendant be admitted to bail in such amount as this Honorable Court may fix.
May 8, 2012. QUEZON City

MOTION TO REDUCE BAIL

QUEZON City
Branch 144

Plaintiff,
-Versus- CRIMINAL CASE NO. 2012-08-05

For CHILD ABUSE (R.A. 7610)
PEPITO DELA CRUZ,
Accused.
MOTION TO REDUCE BAIL
Accused PEPITO DELA CRUZ, through the undersigned counsel, respectfully alleges:
1. That the bail for his provisional release has been set at Php 80,000.00
2. That said defendant is a person whose salary he earns from Proctor& Gamble
Corp amounting to a net of Php 15,000.00 a month is barely enough to meet even
his personal needs and monthly obligations.
WHEREFORE, the accused PEPITO DELA CRUZ respectfully prays that the
court grants this motion to reduce bail to Php 15,000.00 or such amount as the court
sees just in accordance with the circumstances thus presented.
Juan T. Amad
Counsel for the Defendant
Roll: 123456
IBP O.R.12456
PTR O.R. 123456
MCLE: 123456
Notice of Hearing
Jose W. Manalo
QUEZON City
Greetings:
Please take notice that on May 18, 2012, at the QUEZON City Regional Trial
Court Branch 144 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval of the court.
QUEZON, Philippines. May 12, 2012
Juan T. Amad
Counsel for Plaintiff
QUEZON City
Received by:

MOTION FOR RELEASE OF ACCUSED ON RECOGNIZANCE

QUEZON City
Branch 144

Plaintiff,
-Versus- CRIMINAL CASE NO. 2012-08-05

PEPITO DELA CRUZ,
Accused.
X-------------------------------------------------X
MOTION FOR RELEASE OF ACCUSED ON RECOGNIZANCE
COMES NOW accused PEPITO DELA CRUZ and respectfully alleges:
1. That the defendant is in custody for the alleged commission of the crime of Child
Abuse;
2. That being unable to post the required cash or bail bond, hereby binds himself,
pending final decision of the above-entitled case, to appear before the court when
so ordered ;
3. That the undersigned hereby further binds himself to accept the authority of Gov-
ernor Ban T. Ay in whose custody he was placed by the Court.
WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the
defendant be released on recognizance.
PEPITO DELA CRUZ

Accused
NOTICE OF HEARING
Proceso A. Kutor
City Prosecutor
QUEZON City
Greetings:
Please take notice that on Friday, May 28, 2012, at the QUEZON City Regional
Trial Court Branch 144 at 9 o’clock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the approval of the court.

JUAN T. AMAD
Counsel for Defendant
QUEZON City
Received by:

MOTION TO QUASH

QUEZON City
Branch 144

Plaintiff,
-Versus- CRIMINAL CASE NO.2012-08-05
For CHILD ABUSE (R. A. 7610)
PEPITO DELA CRUZ,
Accused.
X-------------------------------------------X
MOTION TO QUASH
Accused PEPITO DELA CRUZ, through the undersigned counsel, respectfully alleges:
1. That he is the accused in the above-entitled case of the crime of Child Abuse com-
mitted against Ralph C. Santos Jr.;
2. That the case against him was dismissed without his express consent.
WHEREFORE, it is respectfully prayed that the complaint and information filed in

this case be quashed, with costs de officio.
Juan T. Amad
Roll: 123456
IBP O.R.123456
PTR O.R. 123456
MCLE:123456
Notice of Hearing
Proceso A. Kutor
City Prosecutor
QUEZON City
Greetings:
Juan T. Amad
Counsel for
AccusedQUEZON City
Received by:

MOTION TO QUASH

QUEZON City
Branch 144

Plaintiff,
-Versus- CRIMINAL CASE NO.2012-08-05

PEPITO DELA CRUZ,
Accused.
X--------------------------------------------X
MOTION FOR JUDICIAL DETERMINATION OF PROBABLE
CAUSE AND HOLD IN ABEYANCE THE ARRAIGNMENT OF
THE ACCUSED
Accused PEPITO DELA CRUZ, through the undersigned counsel, respectfully

alleges:
1. That he is the accused in the above-entitled case of the crime of Child Abuse com -
mitted against Ralph C. Santos Jr.;
2. That the facts charged do not constitute an offense as previously expounded in
the other pleadings related to this case.
3. That the City Prosecutor made a grave abuse of discretion when he approved the
filing of the Information when there is evidently no probable cause to hold the
herein accused for the crime he allegedly committed.
WHEREFORE, it is respectfully prayed that this Honorable Court conduct a

determination of probable cause, pursuant to Article III, Section 2 of the 1987
Constitution and for the time being, hold in abeyance the arraignment of the herein
accused.
September 15, 2012. QUEZON City

Juan T. Amad
Roll: 123456
IBP O.R. 123456
PTR O.R. 123456
MCLE: 123456
Notice of Hearing
Proceso A. Kutor
City Prosecutor
QUEZON City
Greetings:
Juan T. Amad
Counsel for Accused
QUEZON City
Received by:

MOTION FOR RECONSIDERATION

Department of Justice
Office of the City Prosecutor
QUEZON City
PEPITA DELA CRUZ,

Complainant,
Versus Criminal Case for

Child Abuse
PEPITO DELA CRUZ,
Respondent.
X--------------------------------------------X
Motion for Reconsideration
Respondent PEPITO DELA CRUZ, through the undersigned counsel, respectfully

alleges:
1. That he is the respondent in the above-entitled complaint of the crime of Child

Abuse committed against Ralph C. Santos Jr.
2. That the evidence presented is not sufficient to justify the findings of probably
cause.
WHEREFORE, it is respectfully prayed that the City Prosecutor reconsiders his

finding of probable cause in the above titled complaint.
September 30, 2012. QUEZON City
Juan T. Amad
Roll:123456
IBP O.R.123456
PTR O.R.123456
MCLE:123456
Notice of Hearing
JOSE W. MANALO
Counsel for the complainant
QUEZON City
Greetings:
Please take notice that on September 30, 2012, at the QUEZON City Regional
QUEZON, Philippines. September 20, 2012
Juan T. Amad
Counsel for Accused
QUEZON City
Received by:

MOTION FOR ISSUANCE OF
WARRANT OFARREST

QUEZON City
Branch 144

Plaintiff,
Versus CRIMINAL CASE No. 2012-08-05

For CHILD ABUSE (R.A.7610)
PEPITO DELA CRUZ,

Accused.
X----------------------------------------X
MOTION FOR ISSUANCE OF WARRANT OF

ARREST
The undersigned City Prosecutor of QUEZON respectfully alleges that:

1. The undersigned City Prosecutor finds probable cause to hold the accused for
trial to answer for the crime for which he is herein accused;
2. The herein accused is imminently leaving the territory and jurisdiction of the
Republic of the Philippines heading to Republic of Mexico where the Philip-
pines have no diplomatic ties much more any extradition treaty;
3. The defendant therefore is viewed as a flight risk which might jeopardize the
proper course of the proceedings of this course and ultimately thwart the
ends of justice;
4. The continued ability of the accused to roam free poses a danger to the society
within his locality.
WHEREFORE, the prosecution respectfully prays that this court issue a Warrant
of Arrest against the herein accused.
Proceso A. Kutor
City Prosecutor
Notice of Hearing
Juan T. Amad
QUEZON City
Greetings:
QUEZON, Philippines. May 15, 2012.
PROCESO A. KUTOR
City Prosecutor
QUEZON City
Received by:

MOTION FOR ISSUANCE OF HOLD DEPARTURE
ORDER

QUEZON City
Branch 144

Plaintiff,
Versus CRIMINAL CASE NO.2012-08-05

PEPITO DELA CRUZ,
Accused.
X-------------------------------------------X
MOTION FOR ISSUANCE OF HOLD

DEPARTURE ORDER
The undersigned City Prosecutor of QUEZON respectfully alleges that:
1. The herein accused is imminently leaving the territory and jurisdiction of the Re-
public of the Philippines heading to Republic of Mexico where the Philippines
have no diplomatic ties much more any extradition treaty;
2. The defendant therefore is viewed as a flight risk which might jeopardize the
proper course of the proceedings of this course and ultimately thwart the ends of
justice.
WHEREFORE, the prosecution respectfully prays that this court issue a Hold
Departure Order against the herein accused.
Proceso A. Kutor
City Prosecutor
Notice of Hearing
Juan T. Amad
QUEZON City
Greetings:
QUEZON, Philippines. May 15, 2012.
PROCESO A. KUTOR
City Prosecutor
QUEZON City
Received by:

TRIAL BRIEF

QUEZON City
Branch 144

Plaintiff,
` CRIMINAL CASE NO.2012-08-05

-versus- FOR: CHILD ABUSE (R.A. 7610)
JUAN DELA CRUZ,

Accused.
X-----------------------------------------------X
TRIAL BRIEF
UNDERSIGNED Assistant City Prosecutor hereby respectfully submits, for

purposes of the Pre-Trial hereon, conformably with Rule 118 of the (2000) Revised Rules
on Criminal Procedure, and sub-paragraph number 1 of paragraph B of the chapter on
Pre-Trial of Administrative Matter No. 03-1-09-SC, the following Manifestations,
Proposals for Stipulation of Facts and Issues, and Identification of Evidence for the
Prosecution, to wit:
THEORY OF THE PROSECUTION

The theory of the prosecution is premised on the application of the provisions of
Republic Act 7610 specifically Sec. 10, (a) in relation to Sec. 3 (1 & 2) , on the following
circumstances, to wit:
That on or about the 5 th day of May, 2012, in the City

of QUEZON, Philippines, and within the jurisdiction of
this Honorable Court, the said accused, actuated by hate
and by means of violence, did then and there willfully,
unlawfully and feloniously commit acts of cruelty
constituting Child Abuse on the person of Ralph C.
Santos Jr, an eight (8) year old minor, by banging the
latter’s head against a table, boxing him repeatedly, and
kicking him on his waist, thereby inflicting upon the
latter serious physical injuries, to wit: “ Serious Infra -
orbital Hematoma, left resolving”, and “Temporary Loss
of Speech due to shock and trauma” which conditions
required medical attendance for a period not less than
30 days, excluding complications, which cruel acts are
prejudicial to the normal development of the child.
PLEA BARGAINING
The Prosecution shall not enter into any plea bargaining agreement.
PROPOSALS FOR STIPULATION OF FACTS
I. JURISDICTION:
The Honorable Court has jurisdiction over the subject matter and the issue of
the present case, and on the person of the accused.
II. IDENTITY OF THE ACCUSED:
The accused named in the Information and in the affidavits of prosecution

witnesses is the same accused earlier arraigned in court.
III. FACTS OF THE CASE.
III-A. That private complainant (the mother of the victim) is lawfully married to
Pepitodela Cruz;
III-B. That at about 9 (nine) in the evening of May 5, 2012, the accused was having a
drinking spree with his friends namely Allan G. Castillo and Joe A. Clarin at the balcony
of the conjugal house when all of the sudden the private complainant (Pepitadela Cruz)
heard the accused called the victim (Ralph) to buy him two more bottle of Sanmig beer;
III-C. That when Ralph didn’t conform right away because the latter was inside the
comfort room, the accused sturdily knocked the comfort room’s door instructing Ralph
to come out right away while uttering demeaning words to the latter, such as “you’re
lazy, you’re son of an idiot, you’re better than nothing, you don’t have any value” etch.
III-D. That when Ralph open the comfort room’s door the accused immediately grabbed
Ralph’s body, tossed him on the chair in front of the dining table, banged his head
against the table, boxed him repeatedly and kicked him on his waist several times; That
when the private complainant came to rescue her son the accused hurriedly run towards
the main door.
III-E.That testimonials from their neighbor (UsySyra) confirmed that Pepitodela Cruz
was the one who inflicted physical abuse to Ralph C. Santos Jr. on that fateful evening of
May 5, 2012
EVIDENCE FOR THE PROSECUTION
I. DOCUMENTARY EVIDENCE:
EXHIBIT A --- A Medical Certificate of the offended party ( Ralph C. Santos
Jr.) certified by a Medico Legal Dr. KwakKwak.
II. TESTIMONIAL EVIDENCE:
1. Ralph C. Santos, the private offended party;
2. Pepitadela Cruz, the private complainant and mother of the private

offended party;
3. Kong Bagatsing, neighbor of the accused and the offended party, who
witnessed the acts of the accused.
The prosecution hereby reserves the right to present additional evidence as the
need therefore may
ISSUES
WHETHER OR NOT, on said date, time, and place, the accused:
1. Performing the above-mentioned acts, constitute a violation of

the provisions of Republic Act No.7610 specifically Sec. 10, paragraph
(a), in relation to Sec. 3, paragraph a & b (1 & 2)
QUEZON City, November 10,2012
BERNADETTEPASCUA
Copy furnished by personal delivery:

Juan T. Amad
Counsel for the accused,

QUEZON City.
PRE-TRIAL BRIEF

QUEZON City
Branch 144

Plaintiff,

-versus- For CHILD ABUSE (R. A. 7610)
PEPITO DELA CRUZ,

Accused.
X========================X
PRE-TRIAL BRIEF
UNDERSIGNED Assistant City Prosecutor hereby respectfully submits, for

purposes of the Pre-Trial hereon, conformably with Rule 118 of the (2000) Revised Rules
on Criminal Procedure, and sub-paragraph number 1 of paragraph B of the chapter on
Pre-Trial of Administrative Matter No. 03-1-09-SC, the following Manifestations,
Proposals for Stipulation of Facts and Issues, and Identification of Evidence for the
Prosecution, to wit:
THEORY OF THE PROSECUTION

The theory of the prosecution is premised on the application of the provisions of
the Republic Act 7610 as amended, otherwise known as Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act, specifically Sec. 10, paragraph
(a), in relation to Sec. 3, paragraph a & b (1 & 2), on the following circumstances, to wit:
That on or about the 5 th day of May, 2012, in the City

of QUEZON, Philippines, and within the jurisdiction of
this Honorable Court, the said accused, actuated by hate
and by means of violence, did then and there willfully,
unlawfully and feloniously commit acts of cruelty
constituting Child Abuse on the person of Ralph C.
Santos Jr, an eight (8) year old minor, by banging the
latter’s head against a table, boxing him repeatedly, and
kicking him on his waist, thereby inflicting upon the
latter serious physical injuries, to wit: “ Serious Infra -
orbital Hematoma, left resolving”, and “Temporary Loss
of Speech due to shock and trauma” which conditions
required medical attendance for a period not less than
30 days, excluding complications, which cruel acts are
prejudicial to the normal development of the child.
PLEA BARGAINING
The Prosecution shall not enter into any plea bargaining agreement.
PROPOSALS FOR STIPULATION OF FACTS

I. JURISDICTION:
The Honorable Court has jurisdiction over the subject matter and the issue of
the present case, and on the person of the accused.
II. IDENTITY OF THE ACCUSED:

The accused named in the Information and in the affidavits of prosecution
witnesses is the same accused earlier arraigned in court.
III. FACTS OF THE CASE.

III-A. That private complainant (the mother of the victim) is lawfully married
to Pepitodela Cruz;
III-B. That at about 9 (nine) in the evening of May 5, 2012, the accused was having a
drinking spree with his friends namely Allan G. Castillo and Joe A. Clarin at the balcony
of the conjugal house when all of the sudden the private complainant (Pepitadela Cruz)
heard the accused called the victim (Ralph) to buy him two more bottle of Sanmig beer;
III-C. That when Ralph didn’t conform right away because the latter was inside the
comfort room, the accused sturdily knocked the comfort room’s door instructing Ralph
to come out right away while uttering demeaning words to the latter, such as “you’re
lazy, you’re son of an idiot, you’re better than nothing, you don’t have any value” etch.
III-D. That when Ralph open the comfort room’s door the accused immediately grabbed
Ralph’s body, tossed him on the chair in front of the dining table, banged his head
against the table, boxed him repeatedly and kicked him on his waist several times; That
when the private complainant came to rescue her son the accused hurriedly run towards
the main door.
III-E.That testimonials from their neighbor (UsySyra) confirmed that Pepitodela Cruz
was the one who inflicted physical abuse to Ralph C. Santos Jr. on that fateful evening of
May 5, 2012.
EVIDENCE FOR THE PROSECUTION

I. DOCUMENTARY EVIDENCE:
EXHIBIT A --- A Medical Certicate of the victim (Ralph C. Santos
Jr.) certified by a Medico Legal Dr. KwakKwak.
II. TESTIMONIAL EVIDENCE:
1. Ralph C. Santos, the private offended party;
2. Pepitadela Cruz, the private complainant and mother of the private

offended party;
3. Kong Bagatsing, neighbor of the accused and the offended party, who
witnessed the acts of the accused.
The prosecution hereby reserves the right to present additional evidence as the
need therefore may arise.
ISSUE
WHETHER OR NOT, on said date, time, and place, the accused:
1. Performing the above-mentioned acts, constitute a violation of

the provisions of Republic Act No.7610 specifically Sec. 10, paragraph
(a), in relation to Sec. 3, paragraph a & b (1 & 2).
QUEZON City, October 10, 2012.
BERNADETTEPASCUA
Copy furnished by personal delivery:
Juan T. Amad
Counsel for the accused,
QUEZON City.
OFFER OF EVIDENCE

QUEZON City
Branch 144

Plaintiff,
-versus- CRIMINAL CASE NO.2012-08-05

PEPITO DELA CRUZ

(No. 1 Accuser St., QUEZON City, Philippines)
Accused.
X===============================X
FORMAL OFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully offers in evidence for the

prosecution the following documentary, physical, and testimonial evidence, to wit:
EXHIBIT A --- A Medical Certificate of the offended party
certified by a Medico Legal Dr. KwakKwak.
THE TESTIMONIAL EVIDENCE consists of the testimonies given by witnesses Ralph C.

Santos (the private offended party), Pepitadela Cruz (mother of the offended party),
KongBagatsing neighbor of the private offended party and the accused who witnessed the
cruel acts of the latter towards the offended party.
Exhibits A with all its respective sub-markings, together with the testimony of said
witnesses, are offered for the identical purpose of showing that in the evening of the 5th
day of May, 2012, at 1 Accuser Street, QUEZON City, Philippines, the accused physically
and verbally abused Ralph C. Santos Jr., in violation of the provision of Sec. 10, paragraph
(a), in relation to Sec. 3, paragraph a & b (1 & 2) of R.A.7610, a law on Child Abuse.
Furthermore, the prosecution respectfully manifests that all of the afore-described

exhibits/evidence for the prosecution have been submitted to custody of the
Honorable Court.
QUEZON City, September 10, 2012.
BERNADETTEPASCUA
Copy furnished:
(by personal delivery in open court):
Atty. Juan T. Amad, counsel for the accused.

PROFFER OF EVIDENCE

QUEZON City
Branch 144

Plaintiff,

-versus- FOR VIOLATION OF R.A. 7610
PEPITO DELA CRUZ

(No. 1 Accuser St., QUEZON City, Philippines)
Accused.
X===========================X
PROFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully files this proffer of evidence

concerning the excluded evidence stated below, in accordance with Section 40, Rule 133 of
the Rules of Court, to wit:
EXHIBIT A --- A Medical Certificate of the private offended party

(Ralph C. Santos Jr.) certified by a Medico Legal Dr. KwakKwak.
THE TESTIMONIAL EVIDENCE consists of the testimonies given by witnesses

Pepitadela Cruz (private complainant and mother of the victim), Kong Bagatsing, neighbor
of the private offended party and the accused, who witnessed the cruel acts of the latter
towards Ralph C. Santos Jr and the testimony of the victim himself (Ralph C. Santos Jr.).
Exhibits A with all its respective sub-markings, together with the testimony of said
witnesses, are offered for the identical purpose of showing that on or about the 5 th day of
May, 2012, in the City of QUEZON, Philippines, and within the jurisdiction of this
Honorable Court, the said accused, actuated by hate and by means of violence ,did, then,
there, willfully, unlawfully and feloniously commit acts of cruelty constituting Child Abuse
on the person of Ralph C. Santos Jr. in violation of the provision of Sec. 10 (a), in relation
to Sec. 3, par. a & b (1& 2) of R.A.7610.
The prosecution respectfully submits these evidences on record in the event of an

appeal.
QUEZON City, November 10, 2012.
BERNADETTEPASCUA
Copy furnished:
(by personal delivery in open court):
Atty. Juan T. Amad, counsel for the accused.

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JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF RA 7610 (CHILD ABUSE)

REPUIBLIC OF THE PHILIPPINES)

2. That Pepitodela Cruz currently resides at our conjugal house at #1

7. I am therefore executing this Complaint-Affidavit in support of the

PEPITA DELA CRUZ

SUBSCRIBED AND SWORN to before me this 6th day of May2012, affiant

VIOLATION OF RA 7610 (CHILD ABUSE)

REPUBLIC OF THE PHILIPPINES

I am executing this counter-affidavit, to attest to the truth of the foregoing and

QUEZON City, May 6, 2012.

SUBSCRIBED and SWORN, to before me in the City of QUEZON, this 6th

ATTY. JUAN DELA CRUZ

VIOLATION OF RA 7610 (CHILD ABUSE)

REPUBLIC OF THE PHILIPPINES)

REPLY TO COUNTER AFFIDAVIT

I, PEPITAdela CRUZ, of legal age, married, Filipino, and a resident of #1 Accuser

(a) I am executing this affidavit in reply jointly to the counter-affidavit

(d) The rest of the allegations in respondent’s counter affidavit are

Atty. Juan Dela Cruz

Doc No. 654321

VIOLATION OF RA 7610 (CHILD ABUSE)

REPUBLIC OF THE PHILIPPINES

RE: PEPITA DELA CRUZ,

PEPITO DELA CRUZ,

QUEZONCity,September 10, 2012

VIOLATION OF RA 7610 (CHILD ABUSE)

Republic of the Philippines

RE: PEPITA DELA CRUZ,

For: CHILD ABUSE

PEPITO DELA CUZ,

PREMISES CONSIDERED, it is respectfully prayed that the Office of the City

QUEZON City, September 25, 2012.

VIOLATION OF RA 7610 (CHILD ABUSE)

Republic of the Philippines

RE: COMPLAINT OF PEPITA DELA CRUZ Y CASTRO I.S. NO. 2012-0805

QUEZON City, October 04 ,2012.

Child Abuse - Order Dela Cruz vsDela Cruz

VIOLATION OF RA 7610 (CHILD ABUSE)

REPUBLIC OF THE PHILIPPINES

THE PEOPLE OF THE PHILIPPINES,

CRIMINAL CASE NO.2012-08-05

PEPITO DELA CRUZ,

REPUBLIC OF THE PHILIPPINES}

1. I am the Private Complainant in Criminal Case No. 2012-08-05 for

2. After a careful evaluation of the facts and circumstances surrounding

4. I am no longer interested in further prosecuting the case against the

5. I am not paid, threatened, nor coerce in executing this affidavit of de-

6. I am voluntarily executing this affidavit to attest the veracity of the

IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of

PEPITA DELA CRUZ

SUBSCRIBED and SWORN, to before me in the City of QUEZON, this 29 TH

Atty. Juan Dela Cruz

Doc. No. 654321_______;

VIOLATION OF RA 7610 (CHILD ABUSE)

REPUBLIC OF THE PHILIPPINES}

4. I am no longer interested in further prosecuting the case against the accused;

5. I am not paid, threatened, nor coerce in executing this affidavit of desistance;

IN WITNESS WHEREOF, I have hereunto set my hand this 29 th of May2012, in

PEPITA DELA CRUZ

SUBSCRIBED and SWORN, to before me in the City of QUEZON, this 25 th

Atty. Juan Dela Cruz

VIOLATION OF RA 7610 (CHILD ABUSE)