Republic of the Philippines
DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
City of Palayan
Nueva Ecija
xxxxxxxx,
Complainant,
I.S. No. III-11-INV-24B-023
For: Rape
-versus-
Rehf ao,
Respondent.
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RESOLUTION
Complainant is a minor, thirteen (13) years of age then
being born on March 21, 2007.
Complainant-minor avers that while waiting for the new
year’s eve, she and her friends decided to have a drinking
spree at Tala’s house. She and her friends slept at the same
room and bed. She then felt someone was removing her
short and panty, so she opened her eyes and saw the
respondent as the room was well-lighted from the light
coming from the other room. She fought and resisted but
resondent was physically powerful. Respondent successfully
inserted his penis on her vagina. Her friend, Flor, came
knocking on the door, but respondent did not stop until
respondent’s older brother barged into the room and saw
respondent on top of the complainant.
During the preliminary investigation, complainant was
asked wy she did not reveal the incident to her relatives.
Complainant alleged that she was ashamed and feared that
respondent will do something horrific to her. So, complainant
kept the incident to herself until her aunt, Liza, heard of
rumors circulating at their community that the complainant
was raped. She then inquired to the gossipers where did
they hear of the rumor and pointed to Barangay kagawad
Duyen who informed her that the rumors were true.
Complainant’s aunt then confronted her. Complainant’s
initial reaction was to deny the incident thinking that she will
be scolded and branded as sex maniac. But the rumors kept
circulating that even their neighbors kept on talking about it
that her aunt again confronted her. Complainant then burst
into tears and narrated what actually happened.
Complainant’s aunt after hearing the truth felt rage inside
her, as she was the one who almost brought up the
complainant to where she is now. So, they decided to report
the same to the police authorities.
Respondent, on his defense, simply denied the
accusations and claims physical impossibility as he was
somewhere far when the alleged rape happened.
We now resolve.
What is settled in this case was that the complainant
was a minor when the alleged rape happened. Complainant
was born on March 21, 2007 as evidenced by her certificate
of live birth.
We now tackle the accusation of rape and respondent’s
defense of physical impossibility.
The elements of rape under paragraph 1 of Article 266-
A of the Revised Penal Code, as amended, are as follows: (1)
the offender is a man; he had carnal knowledge with a
woman; and (2) he was able to accomplish such act through
force, intimidation and/or threat.
The medico-legal report issued shows that there is a
laceration on 3 o’clock positions at the hymen of the
complainant indicating that blunt force or penetrating
trauma to the hymen.
Clearly, the offender, respondent herein, is a man and
the victim is a woman, a minor that is. The medico-legal
certificate shows that there was carnal knowledge between
the respondent and the minor complainant.
The carnal knowledge is achieved by force by pinning
the complainant with respondent’s weight as he laid on top
of her. Respondent’s persistence to rape the complainant is
shown by the fact that he did not stop even when someone
is knocking on the door except when his brother barged into
the room by tearing down the door.
The defense of physical impossibility is possible if
respondent’s whereabouts are clearly established before,
during and after the alleged incident.
Respondent and his witness simply stated that the
former was working as a construction worker in Zambales
since November 2023. He only came home when he was told
that a complaint against him was filed.
Here, respondent did not specifically state where he
was when the incident happened. All told, different
religions/religious sects celebrate New Year’s Eve. No
employer will allow his workers to work on a nationwide
holiday, December 30, as it is required to pay double the
daily wage. So, even construction workers do not work on
December 30, December 31 and January 1 as their foreman
and engineers will be paid double and no employer will allow
that. Clearly, the days leading to the rape incident,
respondent has no work and since he was not a resident of
Zambales, his longing to go home is certain. Further, while
simply looking at the distance between the place of incident
in Palayan City and where the respondent claims he is
(Zambales) then may seem far, the same does not satisfy
physical impossibility due to the fact that land transportation
is available to reach these places.
So, assuming that respondent works on December 31,
his working hours is from 8:00 in the morning to 5:00 in the
afternoon. The incident of rape happened around 2:00 in the
morning of January 1. So, clearly the respondent has nine (9)
hours from his work time out until the incident of rape.
Zambales to Palayan with the transportation access present
now can be reached for about five (5) hours. So, the
respondent clearly was present at the place and time when
the rape was committed.
Further, respondent did not establish ill motive on the
part of the complainant to accuse him of the crime of rape.
With the amendment of the age of the victim of rape
from twelve (12) to sixteen (16) under R.A. No. 11648, even
in the absence of the circumstance of force, respondent can
be indicted for the crime of rape.
Thus, all the elements of rape being present herein,
respondent is probably guilty and must be held for trial.
Wherefore, finding probable cause against respondent,
it is hereby RECOMMENDED that the INFORMATION for the
crime of rape under Art. 266-A of the Revised Penal Code, as
ameded by R.A. No. 8353 and further amended by R.A. No.
11648 against Respondent (name) be filed in court.
Cabanatuan City, Nueva Ecija, 18 July 2024.
Reviewed by:
Prosecutor IV
Senior Deputy City Prosecutor
Approved:
Prosecutor V
City Prosecutor
Copy furnished:
Complainant with parent - (address)
Respondent - (address)
