Republic of the Philippines

Fourth Judicial Region

REGIONAL TRIAL COURT
Branch 711, Batangas City

REPUBLIC OF THE PHILIPPINES

Plaintiff,

CRIM. CASE NO.

TG-1234-56

-versusMANDO RUGAS
Accused
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TRIAL MEMORANDUM

The People, through the undersigned counsel, unto this

Honorable Court most respectfully submit and present this
Memorandum in the above-titled case and aver that:

NARRATION OF EVENTS
1. Herein Accused, Mando Rugas, was able to manage his
life for 25 years as a couch potato who defray his
expenses with proceeds from the trust fund established
by his industrious parents;
2. While browsing in Facebuko, a social networking site, he
came across the profile of Kimchie Japche and thereafter
sent her a contact request;

3. On the other hand, Kimche, through the promise of

Mando to give her a life in paradise, acceded to the
marriage proposal of Mando. Thereafter, they got married
on the fateful day of October 24, 2014.
4. The said promise of a life in paradise never happened and
Kimichies life with Mando became worst because he
remained as a couch potato, who just lies in front of his
TV while playing with his laptop. Mando only noticed her
every time he feels hungry and he feels like having carnal
access of her.
5. A year after the parties wedding, they had triplets by the
names Clotho, Lachesis and Atropos;
6. Kimchies life became way more awful when Mandos
trust fund was depleted and at the same time, he
developed a liking for drugs that drove him mad. Mando,
who is then so desperate to satisfy his drug addiction,
sold their children to different buyers;
7. Clotho was sold to Kim the pimp, Lachesis to Rachel, and
organs seller and Atropos, to Maggie, a barren wife;
8. Upon knowledge of this horrible deed of Mando, Kimchie
immediately caused his arrest and charged him an
information for violation of Section 4 of RA 9208, as
amended by RA 10364, filed before the Batangas City
RTC Branch 711;
9. The Information further alleged that the Trafficking was
Qualified because the victims are children, the parent
committed the offense and finally, the crime was
committed in a large scale;
Hence, the filing of this instant Memorandum.

SOLE ISSUE
Whether or not Accused Mando is guilty of the
violation of Section 4 of RA 9208, as amended by
RA 10364.
ARGUMENT
For the reasons that will be discussed below, Accused Mando
must be held guilty from the charge of violation of Section 4 of
RA 9208, as amended by RA 10364 charged against him. The
Prosecution, lead by undersigned prosecutor, was able to
establish beyond reasonable doubt as well as with moral
certainty the requisites of the crime charged against the
accused.
DISCUSSION
I.

A violation of Section 4 of RA 10364

against the Accused was proven
beyond reasonable doubt;

Section 4 of RA 9208, as amended by RA 10364 provides

the different Acts which constitute Trafficking in Persons. In
the present case, Accused Mando, being so desperate to satisfy
his undying addiction to Drugs, willfully, unlawfully and
feloniously sold his children to a Pimp, an Organ Seller and a
Barren Wife. This deed of the accused is a clear violation of the
aforementioned especial law, specifically Section 4;
SEC. 4. Acts of Trafficking in Persons. It shall be
unlawful for any person, natural or juridical, to commit
any of the following acts:
xxx
(h) To recruit, hire, adopt, transport, transfer, obtain,
harbor, maintain, provide, offer, receive or abduct a
person, by means of threat or use of force, fraud, deceit,

violence, coercion, or intimidation for the purpose of

removal or sale of organs of said person;
xxx
(k) To recruit, transport, harbor, obtain, transfer,
maintain, hire, offer, provide, adopt or receive a child for
purposes of exploitation or trading them, including but
not limited to, the act of baring and/or selling a child for
any consideration or for barter for purposes of
exploitation. Trafficking for purposes of exploitation of
children shall include:
(2) The use, procuring or offering of a child for
prostitution, for the production of pornography, or
for pornographic performances;
As above-stated in the facts, one of the children, Clotho,
was sold to a certain Jim who is a Pimp, which is considered
as one who provides either gratification or satisfaction for the
lust of others.(1) Simply put, since Clotho was sold in a person
engaged in a business of providing satisfaction for other
peoples lust, it is beyond reasonable doubt that the said
trafficking is for the purpose of exploitation or offering the
child for prostitution.
Another child, Lachesis, was sold to a certain Rachel who is
an organs seller. There is no room for uncertainty that the
trafficking made is for the purpose of removal or sale of organs
of the victim, a clear violation of Sec 4, Par H of RA 10364.
II.

The said violations are

considered as Qualified
Trafficking in Persons

As amended by RA 10364, Sec 6 thereof provides for

the instances when the violations of Section 4 shall be
considered as Qualified Trafficking. The instant information
further alleged that what the Accused had done is a Qualified
1 US vs Cruz, 38 Phil. 677

Trafficking in persons, provided that the instances are present

in this case.
SEC. 9. Qualified Trafficking in Persons. Violations
of Section 4 of this Act shall be considered as qualified
trafficking:
(a) When the trafficked person is a child;
xxx
(c) When the crime is committed by a syndicate, or in
large scale. x x x It is deemed committed in a large
scale if committed against three (3) or more persons,
individually or as a group;
(d) When the offender is a spouse, an ascendant, parent,
sibling, guardian or a person who exercises authority
over the trafficked person or when the offense is
committed by a public officer or employee;
As narrated in the facts, the victims: Clotho, Lachesis
and Atropos were all children, and as defined in RA 10264,
these are persons below eighteen (18) years of age. At the time
the alleged crime was committed, the victim children are only
1 2 years of age, and clearly within the definition of
Child/Children in the said law. Anent to the allegation that the
crime was committed in the large scale, it is undoubtedly
proven and supported by the fact that there are three (3)
individual victims who were sold into three different buyers.
And finally, the allegation which makes the trafficking as
qualified, is that the offender is one of the parents of the
children, herein accused, Mando Rugas. It is a clear and
unquestionable fact that Mando is the father of the victims
who exercise authority over them.
All told, the instances enumerated in Section 9 of
RA10364 in order to consider it as a Qualified Trafficking in
Persons are all present in the instant case. There is neither
room for doubt nor for uncertainty in rendering that indeed,

the trafficking made by the Accused against his own children

is Qualified.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of
this Honorable Court that Accused MANDO RUGAS be held
GUILTY of the crime of Violation of RA 10364.
Other reliefs just or equitable under the circumstances are
likewise prayed for.
RESPECTFULLY SUBMITTED.
Batangas City, 25 March 2016.
CLASH OF CLANS LAW OFFICE
# 62 Makaveli Village, Manila City
Tel No. 12-345-67
By:
Atty. Finn D. Human
Counsel for Plaintiff
#876 Brgy. Tibay, Manila City
Roll of Attorneys No. 0987
PTR No. 12345
IBP No. 65748 / Manila Chapter

Copy furnished:
Atty. Jake D. Doug
Counsel for Accused
#1234 Brgy. Mahina, Manila City
Branch Clerk of Court
Kindly submit this
consideration of this

Trial

Memorandum

for

the

kind

Honorable Court.
EXPLANATION
The filing and service of this Trial Memorandum is being done
by registered mail due to lack of sufficient personnel to effect
personal filing and service.

SUBMITTED BY: APRIL ROSE S. LERIT

1 JD-C