SAMPLE BAR EXAM TRIAL MEMORANDUM

BY: ATTY. RALPH A. SARMIENTO

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Based on the Ponencia of Justice Roberto A. Abad
in People of the Philippines vs. Romy Fallones
(G.R. No. 190341, March 16, 2011)


MEMORANDUM FOR THE PROSECUTION

The Prosecution, unto this Honorable Court, most respectfully states:

STATEMENT OF FACTS

This case involves the admissibility of the deceased rape victims spontaneous
utterances during the time she was being sexually abused and immediately afterwards.

The prosecution charged the accused Romy Fallones with rape in an information
dated September 14, 2004 before a Regional Trial Court (RTC).

The complainant in this case, Alice, was a retardate. She died while trial was
ongoing, hence, was unable to testify. To prove its case, the prosecution presented Allan
(Alices father), Amalia (her sister), PO3 Lilibeth Aguilar (a police investigator),
Eduardo Marcelo and Arturo Reyes (the apprehending officers), Dr. Ortiz (a medico-
legal officer), and Eden Terol (a psychologist).

Amalia testified that at about 9:45 a.m. on June 29, 2004, her mother told her
older sister, Alice, to look for their brother Andoy. Since Andoy arrived without Alice,
her mother asked Amalia to look for her. Amalia looked in places where Andoy often
played and this led her near accuseds house. As she approached the house, Amalia heard
someone crying out from within, Tama na, tama na! Recognizing Alices voice,
Amalia repeatedly knocked on the door until the accused opened it. Amalia saw her sister
standing behind him. As Amalia went in to take her sister out, Alice held out a sanitary
napkin and, crying, said that the accused had given her the napkin. Alices shorts were
wet and blood-stained. Frightened and troubled, the two girls went home.

On their way home, Alice recounted to her sister that the accused brought her to
his bathroom, pulled down her shorts, and ravished her. She said that the accused wet her
shorts to make it appear that she tripped and had her monthly period. Along the way, they
met an uncle and told him what happened. On their arrival, their father brought Alice to
the barangay while Amalia returned to the accuseds house where she saw her uncle,
some relatives, and neighbors accosting and beating the accused. Shortly after, some
barangay officials arrived and intervened.


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ISSUES

This memorandum will discuss the following issues:

First, whether or not Amalias testimony was hearsay, and therefore doubtful, and
unreliable;

Second, whether or not the deceased rape victims utterances are res gestae and
therefore admissible in evidence.

Third, whether or not accuseds claim that the members of Alices family
pressured her into pointing to him as her abuser can be given credence.

ARGUMENTS AND DISCUSSION

I.

Although what Alice told Amalia may have been hearsay, the rest of the latters
testimony, which established both concomitant (Alices voice from within the accuseds
house, pleading that she was hurting) and subsequent circumstance (Alice coming from
behind the accused as the latter opened the door, her shorts bloodied), are admissible in
evidence having been given from personal knowledge.

Although Alice died before she could testify, the evidence shows that she
positively identified the accused as her abuser before the barangay officials and the
police. Amalia, her sister, testified of her own personal knowledge that she had been out
looking for Alice that midmorning; that she heard the latters voice from within the
accuseds house imploring her attacker to stop what he was doing to her; and that upon
repeatedly knocking at the accuseds door, he opened it, revealing the presence of her
sister, her shorts bloodied.

II.

Amalias recital of what she heard Alice utter when she came and rescued her is
part of the res gestae. In Marturillas vs. People of the Philippines, G.R. No. 163217,
April 18, 2006, res gestae was defined as referring to statements made by the
participants or the victims of, or the spectators to, a crime immediately before, during, or
after its commission. This is based on Section 42 of Rule 130 of the Rules of Court which
states:

Part of the res gestae. -- Statements made by a person
while a startling occurrence is taking place or immediately
prior or subsequent thereto with respect to the
circumstances thereof, may be given in evidence as part of
the res gestae. So, also, statements accompanying an
equivocal act material to the issue, and giving it a legal
significance, may be received as part of the res gestae.


Alices statements are a spontaneous reaction or utterance inspired by the
excitement of the occasion, without any opportunity for her to fabricate a false statement.

In Marturillas vs. People of the Philippines, supra, it was held that for
spontaneous statements to be admitted in evidence, the following must concur: 1) the
principal act, the res gestae, is a startling occurrence; 2) the statements were made before
the declarant had time to contrive or devise; and 3) the statements concerned the
occurrence in question and its immediately attending circumstances.

Here, the accuseds act of forcing himself into Alice is a startling event. And
Amalia happened to be just outside his house when she heard Alice cry out tama na,
tama na! When the accused opened the door upon Amalias incessant knocking, Alice
came out from behind him, uttering Amalia, may napkin na binigay si Romy o. The
admissibility of Alices spontaneous statements rests on the valid assumption that they
were spoken under circumstances where there had been no chance to contrive. In Capila
vs. People, G.R. No. 146161, July 17, 2006, it was held that it is difficult to lie in an
excited state and the impulsiveness of the expression is a guaranty of trustworthiness.

III.

Accuseds claim that the members of Alices family pressured her into pointing to
him as her abuser cannot be given credence. Accused has been unable to establish any
possible ill-motive that could prompt Alices family into charging him falsely. In fact, the
accused admitted in his testimony that there had been no animosity between Alices
family and him.

In conclusion, the evidence sufficiently establish that the accused Fallones raped
Alice. The accused offered no evidence of his innocence other than his bare denial. In
fine, the guilt of the accused has been proved beyond reasonable doubt.

PRAYER

WHEREFORE, in view of the foregoing, the prosecution earnestly prays that the
accused Romy Fallones be adjudged and declared GUILTY beyond reasonable doubt for
raping Alice.

The prosecution prays for such other reliefs and remedies that are just and
equitable under the premises.

RESPECTFULLY SUBMITTED.


PUBLIC PROSECUTOR