Republic of the Philippines

REGIONAL TRIAL COURT

City of Muntilupa

JOHN PATRICK P. TIMAJO

Represented by: SHIELA M. PIMENTEL
Complainant,
-versusROMEL LUNDAR Y LANDICHO
X------------------------------------------X

MEMORANDUM
COME NOW COMPLAINANT, through the undersigned counsel, unto this
Honorable Court most respectfully submit and present this Memorandum in
the above-titled case and aver that:

THE PARTIES

1. Plaintiff, JOHN PATRICK P. TIMAJO, seventeen (17) year old minor (Represented by her
mother Shiela M. Pimentel as guardian ), born on August 15, 1995 residing at #147 Chico St.,
Laguerta Tunasan, Muntinlupa City, where she may be served with legal processes and
notices issued by this Honorable Court;

2. Accused, ROMEL LUNAR Y LANDICHO, twenty nine (29) year old residing at #64
Laguerta Ave., Tunasan Muntinlupa City; LUISITO PEREZ Y LATAYAN, twenty seven
(27) year old residing at #58 Camias St. Laguerta Tunasan, Muntinlupa City; CARLO
LANTAYAN Y HUAB twenty five (25) year old residing at #59 Camias St. Laguerta
Tunasan, Muntinlupa City. Where they may be served with legal processes and notices
thereto.

FACTUAL BACKGROUND

1. That on or about the ninth day of April 2013around 11:30in the evening in
Silangan Laguerta, Tunasan Muntinlupa City, and within the jurisdiction of this
Honorable Court, the above-named accused, stopped JOHN PATRICK P.

TIMAJO seventeen (17) year old and his friends JASON R. CONDE seventeen (17)
year old and VON CARLO C. DAVID eighteen (18) year old.
2. The above named accused accosted the group and LUISITO PEREZ Y
LANTAYAN a.k.a. OTOT said PARE ANG SAMA MO NAMAN TUMINGIN!
TRIP MO BA AKO? the complainant answered HINDI NAMAN when suddenly
while he was off guard ROMMEL LUNDAR y LANDICHO boxed the complainant
in the face hitting his nose and lips making him feel a swooned and nauseous causing
him to fall down due to the impact of the blow.
3. He then saw his friends JASON CONDE Y ROCAFORT and VON CARLO
DAVID Y CAMUA being chased by LUISITO PEREZ Y LANTAYAN
a.k.a. OTOT and ROMMEL LUNAR Y LANDICHO so they can also beat
them up albeit, they failed to catch up with them.
4. JOHN PATRICK P. TIMAJO went home to narrate the incident to her
grandmother Lola Letty, that certain OTOT (referring to one LUISITO PEREZ Y
LANTAYAN) punched him in the face. His grandmother instructed her aunt Annaliza
to go with him to the doctor and thereafter go to the police station (Women and
Children Protection Desk) to file a complaint.

STATEMENT OF ISSUES

A.

WHETHER OR NOT THE ACCUSED CHARGED IS LIABLE FOR THE CRIME

OF SLIGHT PHYSICAL INJURY UNDER REVISED PENAL CODE (Act. No.
3815) ARTICLE 266.

B.

WHETHER OR NOT THE ACCUSED CHARGED IS LIABLE WITH THE

CRIME OF OTHER ACTS OF CHILD ABUS UNDER REPUBLIC ACT 7610 OR
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
PROTECTION
AGAINST
CHILD
ABUSE,
EXPLOITATION
AND
DISCRIMINATION, AND FOR OTHER PURPOSES.

ARGUMENTS
A. The accused should be held liable for the crime of slight physical injury under Article
266 of the Revised Penal Code and/ in relation to Republic Act 7610. For the reason
that, when the incident happened, the minor victim is entitled to the protection
extended by R.A. 7610.

DISCUSSION
The aforementioned averments clearly make out the offenses of slight physical injury as
provided for in Article 266 of the Revised Penal Code and as well as a violation of Section 10 (a)
of R.A. 7610.

The following were alleged and were supported by pieces of evidence that shall prove the
committing of the said acts that are contrary to law.
The minority age status of JOHN PATRICK P. TIMAJO was alleged and a Baptismal
Certificate issued by Ina Ng Awa Parish tending to prove his minority.
The victim himself testified that he was hit by herein accused ROMEL LUNDAR Y
LANDICHO. He recalled to have been hit on his nose and to have been examined by a
physician thereafter. Her grandmother Letty and aunt Annaliza corroborated his testimony.
His friends namely JASON R. CONDE and VON CARLO C. DAVID also corroborated his
testimonies of the said incident; that they were there when it actually happened and they were
even
taunted
and
chased
by
LUISITO
PEREZ
Y
LANTAYAN
a.k.a. OTOT and ROMMEL LUNAR Y LANDICHO.
B/P RENATO ODAYAT and B/P RUBEN GARONITA JR., in their joint sworn affidavit
stated the events that transpired after the incident had happened, witnessing that the victim
confided to them that the above named accused accosted and boxed him. They further testified
that together with the police officers on duty during that time, they went to the residence of the
accused to go to the barangay hall to answer the charges, to which the accused voluntarily
agreed.
Furthermore, the acts constituting physical abuse, committed by herein accused was supported
by a Medico- Legal Report from Ospital Ng Muntinlupa that the minor was attended to and was
issued the afore stated Medico Legal Report stating that, JOHN PATRICK P. TIMAJO
sustained the following:
EPISTAXIS
CONTUSION 3X4 NOSEL AREA
ABRASION UPPER LIP 2X1 cm INNER ASPECT
Moreover, under the normal conditions without subsequent complication and/or deeper
involvement present, the above described physical injuries will require medical attendance or
will incapacitate the victim for not less than one (1) day but not more than nine (9) days.
Article 266 of the Revised Penal Code provides;
Article 266. Slight physical injuries and maltreatment. - The crime of slight physical injuries
shall be punished:
1. By arresto menor when the offender has inflicted physical injuries which shall
incapacitate the offended party for labor from one to nine days, or shall require medical
attendance during the same period.
xxx
In view of the foregoing facts and pieces of evidence presented, the victim shall require medical
attendance or will be incapacitated for not less than one (1) day but not more than nine (9) days.
The commission of the offense was clearly recited, testified and showed by other corroborating
evidence to have been committed and shall fall under the provisions of the Revised Penal Code
particularly Article 266.
We respectfully aver to this Honorable Court that this act should also be considered as child
abuse as contemplated in Section 10 (a) of REPUBLIC ACT 7610 OR AN ACT PROVIDING

FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD

ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES,
which provides:
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Child's Development.
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or
to be responsible for other conditions prejudicial to the child's development including
those covered by Article 59 of Presidential Decree No. 603, as amended, but not
covered by the Revised Penal Code, as amended, shall suffer the penalty of prision
mayor in its minimum period.
xxx
As mandated by the 1987 Constitution a minor is entitled to the protection extended by R.A.
7610. As defined in law, child abuse includes physical abuse of the child whether the same is
habitual or not1. The act of the accused falls squarely within the definition.
As settled in Araneta vs. People2 an accused can be prosecuted and be convicted under Section
10 (a), Article VI of Republic Act No. 7610 if he commits any of the four acts;

(1)
Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;
(2)
Any act by deeds or words which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human being;
(3)
Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or
(4)
Failure to immediately give medical treatment to an injured child resulting
in serious impairment of his growth and development or in his permanent
incapacity or death.
The prosecution does not have to prove that the acts of child abuse, child cruelty and child
exploitation have resulted in the prejudice of the child because an act prejudicial to the
development of the child is different from the former acts.
PRAYER
WHEREFORE, premise considered, it respectfully prayed for that this Honorable Court shall
find herein accused ROMEL LUNDAR Y LANDICHO guilty of slight physical injuries
provided for in Article 266 of the Revised Penal Code and/in relation to Child Abuse in violation
of Section 10 (a) of Republic Act 7610.
Other just and equitable relief under the foregoing are likewise being prayed for.
Respectfully Submitted.
Muntinlupa City, Philippines July 24, 2013

1 Subsection (b), Section 3 of Republic Act 7610

2

G.R. No. 174205, June 27, 2008, 556 SCRA 323.