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MANG KANOR,
Accused,
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INFORMATION
Cristiano C. Ronaldo
City Prosecutor
WITNESSES:
1. Lebron James
CERTIFICATION
Sergio M. Ramos
Associate Prosecution Attorney II
COMPLAINT-AFFIDAVIT
4. I sought help from SPO1 Bea Alonzo of the Women and Children’s
Protection Desk of the Digos City Police Station who took my
statement regarding the incident (herein attached as Annex “A”);
Aforesaid exhibit are being offered to prove that the crime and
accusation against the accused was true and committed at the address
indicated to her complaint.
Copy Furnished:
MANG KANOR,
Accused.
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COMMENT TO DEMURRER
I. FACTUAL BACKGROUND
II. ARGUMENTS/DISCUSSION
The prosecution has shown through clear and positive evidence that
the plaintiff was molested as it was affirmed by some passengers of the van.
And that the accused was drunk and went near the victim with a lewd desire
without having hesitation to commit such immoral act. One of the witnesses
for the prosecution is the conductor of the van. He has testified that he saw
the accused leaning on the victim touching her vagina with his right hand
while the other hand smashing her breast. When asked why he is sure that it
is the accused who committed such crime, he answered that he vividly
remember his face as he was near to the accused and the victim with a
person gap in which they are seated. It is a natural human reaction to be
shocked by the incident and he remembered it as it was his first experience
in his life that someone was molested in a public transportation.
Furthermore, the conductor, Lebron James recalled that there were only 8
passengers riding the UV Express van. It would not be unusual for a
conductor to recall every single detail of his customers, especially if there
were only few passengers inside the van and the cabin light is on.
III. CONCLUSION
In denying a demurrer to evidence, the court need not state that the
prosecution has established “proof beyond reasonable doubt” – it is
sufficient that words of similar import, such as those stated in the instant
case (“the essential elements of the crime charged”) be present to indicate
that there was a finding of guilt beyond reasonable doubt of the accused.
(Antonio vs. CA, 273 SCRA 328). The prosecution was able to show that all
the elements for the crime charged were present. And that positive
identification of the accused was established. The prosecution has
successfully discharged its onus to show that the general considerations for
an accusation for acts of lasciviousness were in favor of the plaintiff and
against the accused.
Based upon the foregoing, the prosecution has shown that the
evidence is sufficient to prove beyond reasonable doubt, or through
circumstantial evidence, that the accused committed the crime of acts of
lasciviousness while asleep against the complainant. It is respectfully prayed
that the Honorable Court overrule the Demurrer to Evidence presented by
the accused.
Copy Furnished:
-versus- FOR:
ACTS OF LASCIVIOUSNESS
MANG KANOR,
Accused
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MEMORANDUM
PRELIMINARY STATEMENTS:
Contrary to Law.
Upon reaching Panacan, Mang Kanor boarded the van. When the van
continued its journey, accordingly, while being drunk transferred seat beside
the victim and strategically placed his left arm where he could touched
complainant’s right breast. Mang Kanor while checking his phone and
assimilating as if reading a text at the same time moving his hand in a way
that it poked and stroked her vagina. Complainant awakened by the act of
Mang Kanor. When awakened, the latter continued poking and touching
Aling Moana’s private part. Complainant covered her body with her bag but
Mang Kanor moved his hand upward and smashing her breast.
Complainant was very angry and she shouted while inside the van and
requested the conductor that she wanted to alight from the van. The
conductor asked the complainant what happened, and when he hear the act
done by accused, he became mad and ordered the accused to get out of the
van. The accused reasoned that the complainant was his former girlfriend
and she consented to the act.
ISSUE:
DISCUSSION:
Granting without admitting that the alleged acts were done by the
accuse, the act or reaction of the private complainant during the time when
her breast and vagina was touched would show that she was annoyed,
irritated, vexed, tormented, distressed, humiliated and disturbed.
She testified that the conductor and some passenger were aware that a
malicious act occurred for the fact that she shouted at the accused and
requested to alight from the van. Private complainant won’t alight from the
van if there is no something fishy happened.
The private complainant and the witness also affirmed that the
accused was intoxicated with alcohol as he smell alcohol during that time
and while he talk, he was mumbling.
The witness said yes when he was asked whether he saw the malicious
act done by the accused but he did not react until the private complainant
shouted because he assumed that they are lovers.
In said police blotter, private complainant did mention that her breast
and vagina were touched and identified clearly the accused as her ex-
boyfriend. Considering that it was she herself who caused the for the
reporting of the alleged incident accompanied by the driver and conductor, it
is evident that the act done by the accused really occurred because if not or
consented the doing of the malicious act, she will not waste her time going
to the police station and be humiliated in public that her ex-boyfriend
touched her breast and vagina. This shows the truthfulness of the private
complainant’s allegation.
Respectfully submitted.
Assisted by:
Prosecution’s Office
Panabo City
Davao Del Norte
Cristiano Ronaldo
City Prosecutor
Greetings!
Cristiano Ronaldo
Copy Furnished: