REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL REGION BRANCH 167 CITY OF QUEZON

PEOPLE OF THE PHILIPPINES Plaintiff, -versusCRIMINAL CASE NO. CBCI5678 For: Mail-Order Bride MARK TIMBOL, Defendant, x-------------------------------------------------------------------------x MEMORANDUM

PLAINTIFF , represented by her mother and her brother, by the undersigned counsel, respectfully submit its memorandum in this case unto the Honorable Court:

THE PARTIES

1. Plaintiff Ria Javellana, represented by her mother Precy Javellana and her brother Rommel Javellana , is a 25-year old saleslady working in SM Deparmtment Store,Bicutan and residing at #24 San Diego St. Brgy. Kasihan Quezon City, where she may be served with legal processes and notices issued by this Honorable Court; 2. Defendant Mark Timbol is a international marriage broker and residing at #56 Rose St. Brgy. Bungad,Quezon City, where she may be served with legal processes and notices issued by this Honorable Court.

STATEMENT OF THE FACTS

1. Bicutan.

Ria Javellana is a 25-year old saleslady working at SM Department Store,

She is the eldest among 6 children. Her father is paralyzed after getting involved in a terrible vehicular accident, while her mother does laundry of the other people.

2. In the morning of April 28, 2007, while Ria was eating breakfast and reading the paper, she saw an advertisement in Bantay Tabloid which reads: Want a fresh start? Get a chance to go abroad and find the live of your life! Go to www.filipinasinglesnomore.com And find out more about this once in a lifetime opportunity!!! 3. She went to Netopia and check out the website stated in the newspaper. Upon entering the site, she saw an image of a Filipina and a Caucasian male locked in each others arm. Thereafter, she read the information about the website. It was operated by a travel agency called Across Borders Leisure and Travel. 4. The travel agency is also engaged in matchmaking young, single Filipinas for marriageto men of different nationalities, mostly coming from the Western region such as U.S.A, Great Britain, Ireland, Italy and Germany. 5. Ria had need to submit one profile and one-full body picture, and fill out the form which required personal information such as age , birthday, weight, educational background, hobbies, interest and contact details. The more perculiar information asked were framed in questions like what do you look for a man? and what is your favourite sexual position? 6. On May 20, 2007, she received a call from an unregistered number. The caller introduced himself as Mark Timbol, the international Marriage Broker handling her case. He informed Ria that she was selected by an Italian man named Antonio Santoro, a 52year old man, divorce and has four children. He also informed her to meet him at their office at Cubao, Quezon City and told her to bring her passport and necessary papers so she can fly to Milan already by the end of the month. 7. Ria has not told her family about her application for fear that her parents will disapprove and not let her go. The next day she met Mark and handed him her passport, birth certificate, and other important document needed as a first time traveller and U.S. applicant. Mark informed her that she might be leaving in two weeks. Antonio also sent

100 euro to Ria as pocket money. 8. Two days before her departure, Ria told her brother Rommel about her plans. He protested and disapproved of her plans, she made him promise not to tell anyone. Ria went back to Across Borders Leisure and Travel to pick up her airplane ticket. 9. The next day Ria left their home before the break dawn when everyone was sleeping. That night her mother, Precy found a letter on her bed which stated that she eloped with an Italian man and that she was sorry for leaving without saying goodbye. After threatening Rommel, he told his mother what he knew about his sisters plan.

ISSUE

Whether or not Mark Timbol is guilty of trafficking in persons pursuant to Section 4 (b) and (c) of Republic Act No. 9208.

ARGUMENTS

Defendant Mark Timbol is guilty under Section 4 (b) and (c) of Republic Act 9208

Defendant is guilty of publishing and carrying business for the purpose of matching Filipino women for marriage to foreign nationals . Mark Timbol works as an international marriage broker in Across Borders Leisure and Travel. He is responsible for matching Filipino women to foreign nationals for marriage either through mail-order basis or through personal information. As provide for by Section 4 (b) which states that:

(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

Mark Timbol clearly has done the said act in the provision of R.A 9208. Without his interference Ria and the Italian man would have known each other. As it was his job

to introduce Filipino women to foreign man, it shows that such action was done on his part to gain profit by introducing Ria to that Italian man.

Defendant is guilty under Sec 4. (b)of R.A. 9208

Mark Timbol is guilty when she sexually exploited Ria by means of fraud and taking her vulnerability. The website of www.filipinasinglenomore.com asks for information about her favorite sexual position. Such act is considered as sexual exploitation as defined by Sec.3 (a) of R.A. 9208.

Defendant is guilty of soliciting,enlisting or in any manner attracting Filipino women to become member of Across Border Leisure and Travels.

Mark Timbol is guilty for soliciting and enlisting Ria Javellana to become a member of Across Border Leisure and Travels whose objective is to match women for marriage to foreign nationals whether by a mail order basis through personal introduction for free.

Also provide for by Sec 4(c)that it shall be unlawful for any person to commit acts which offers or contract marriage for the purpose of trading them to engaged in sexual exploitation.

Mark Timbol should be prosecuted for the acts he had done in connection with contracting marriage for Ria to gain profit and to sexually exploit her.

Defendant is guilty for introducing Ria Javellana to foreign national for the purpose of marriage.

Marriage is valued by the State because it is vested by with public interest. This matter has taken for granted by Mark Timbol. He had used marriage as merchandise that he can used to gain profit economically. As for his work as an international marriage broker, he had provided Ria all necessary documents for her flight for the purpose of letting Ria become a mail-order bride.

PRAYER WHEREFORE, premise considered, it is respectfully prayed for that this Honorable Court render a judgment of Conviction in favor of the plaintiff.

DoReMIBe Law Office Counsel for Plainitiff 2nd Floor, Mabini Bldg. De La Salle Lipa, Lipa City

By: Atty. Don Rae Amante Atty. Bernadette Lou Lasin Atty. Ree-Ann Magnaye Atty. Melanie Christine Pascua