REPUBLIC OF THE PHILIPPINES 6TH JUDICIAL REGION REGIONAL TRIAL COURT BRANCH 43, BACOLOD CITY

PEOPLE OF THE PHILIPPINES, Complainant

-versus-

CRIM CASE NO.123

RICHARD ONG Accused X-----------------------------------X

TRIAL MEMORANDUM FOR THE ACCUSED

COMES NOW accused, through the undersigned counsel unto this honourable Court , most respectfully submit: That this is a case of violation of RA 9262 filed by the private respondent against the accused. That the accused Richard Ong , is of legal age and is a resident of ________ That the private respondent Maya Ong ,is of legal age and is a resident of Villa Villeta ,Barangay Estafania , Bacolod City.

FACTS OF THE CASE

The following are narrated by the accused through his counter-affidavit: At around 7 o clock in the evening, I went home and tired from work, I took a glass of whisky. The complainant arrived at around that time as well and was complaining about her work. After I finished my drink, I immediately stood to walk to the room, but she stopped me and forced me to eat with her. I was so tired that evening that I said I wanted to rest early, but she continued to nag and was directing her complains on me. I just dismissed the idea of answering her in any way because that was what she would usually do. So I continued to walk my way to the room. She followed me and was able to slip on the floor. I helped her get up, but she was already screaming and crying loudly as if something had happened to her. Still I did not mind because that is what she would usually do. The said incident was witnessed by my mother and the helpers in the house. She then fabricated a story against me by reporting to the police station. This is already the second time that she did this. But that in the first, no complaint was filed against me because in truth, all these are mere capricious ways of my wife to get what she wants and to continue with her extravagant lifestyle. She was spending the hard earned money of the accused on trivial things. The accused and their son was deeply hurt when the private complainant left their home after a petty argument with the accused. When the accused prevented his son to see his mother, he was only protecting their son from the bad reputation and influence of the latter.

ISSUE TO BE TRIED Whether or not the accused is guilty of the violation of RA 9262.

ARGUMENTS The accused is NOT GUILTY of the violation of RA 9262. The law herein referred to is the basis for the alleged criminal act done by Mr. Richard Ong.

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: (a) Causing physical harm to the woman or her child; xxx (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family; (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support; As stated in detail in the counter-affidavit, as to the truthfulness of what really happened in the evening of 03 September 2012, and as reiteritated in the facts, Mr. Ong did not inflict any harm, physical nor emotional to the complainant. She only slipped during that time, and was not able to get what she wanted, therefore had caused trouble by reporting the incident to the police station. As to the custody of the child,Article 220 of the New Civil Code is given reference, thus: Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties: xxx (3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and

thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship; xxx Pocholo Ong, eight (8) years old, can only be well-taken care of when the custody is retained with the father, Mr. Ong. He can give him proper guidance than that the complainant can give. Since, the complainant will only influence the child into a luxurious way of living contrary to what is being inculcated to us as good Filipino values self-discipline and simplicity of living.

PRAYER WHEREFORE, in view of the foregoing, it is most respectfully prayed of the Honorable Court that judgment be rendered in the above-captioned case in favor of accused Richard Ong as follows: That the court declare the accused Richard is not guilty of violation of RA 9262; That the accused be granted of the custody of his son Pocholo Ong; That the court will order the private complainant to pay for the cost of the trial; Other relief and remedies just and equitable under the circumstances are likewise prayed for.

Respectfully submitted. Bacolod City, Philippines, February 16,2013

by: Atty. Miriam Go Counsels of the Accused MCLE Compliance IV No. 0007696, Feb. 09, 2011 ATTORNEYS ROLL NO.51539

COPY FURNISHED :

KRISTINA ROSE DE LA ROSA Associate Prosecution Attorney II Hall of Justice Bacolod City