Republic of the Philippines

Regional Trial Court

Branch __, Tacloban City

People of the Philippines

Plaintiff,

Criminal Case No. 2007-11-222

For: Rape

-versusXXX,
Accused.

X-----------------------------------X
DECISION
On an information filed by the City Prosecutor of Tacloban City accuses XXX
of the crime of rape.
That in the month of December 2006, within the jurisdiction of
this Honorable Court, XXX willfully, unlawfully and feloniously raped
AAA by means of force and intimidation with the use of knife.
CONTRARY TO LAW.
XXX was arraigned and pleaded not guilty to the charge against him. While
on the prosecution side, they presented AAA as their lone witness. According to
AAA, while she was alone at the house of her sister cleaning, XXX without
permission went inside and asked water. Innocently, AAA gave him what he
wanted. After drinking, he started to remove the garments of AAA . At first, AAA

resisted the advances of XXX but he was persistent. AAA was raped twice while
standing up. After the intercourse, XXX immediately fled the area.
AAA did not report to the authorities what happened, it was only during
when her sister noticed the changes happening in her body. It was found out that
she was pregnant and confessed to her sister that she was raped. Thus, this was
filed before this Honorable Court.
During the presentation of witness, AAA stood up in the witness stand for
three times. It should be noted that AAA only mentioned the presence of a knife
during her third testimony. Her testimony was admitted as evidence Exhibit A
(Affidavit of Complainant). The defense however, waived its right to present
evidence to prove contrary to the testimony of AAA against him. Hence, this case
was submitted for judgement.

Courts Ruling
The crime of rape is defined and penalized under Article 266-A of the
Revised Penal Code which states:
Article 266-A: Rape is committed:
1. By a man who shall have carnal knowledge under any of the
following circumstances:
a. Through force, threat or intimidation
b. When the offended party is deprived of reason or
otherwise consciousness.
c. By means of fraudulent machinations or grave abuse of
authority.
d. When the offended party is under 12 years of age or is
demented, even though none of the circumstances
mentioned above is present.
On the facts and testimonies given by AAA, it was proven that through
force, threat and intimidation, XXX successfully had carnal knowledge with AAA.

The elements of the crime of rape are as follows: (1) the offender commits
an act of sexual act, (2) the act of sexual assault is committed by inserting his
penis into the persons mouth or anal orifice or by inserting any instrument or
object into the genital or anal orifice of another person, (3) sexual assault is
accomplished by using force or intimidation among others. The prosecution was
able to establish the elements of the crime of rape against XXX. Through the
testimony of AAA, she stated that they had sexual intercourse though at first she
resisted, but due to the force, threat and intimidation employed by XXX, she gave
in. The Court is giving full credence to the testimony of AAA.
The defense in their answer stated that there was no force employed
against AAA rather, the sexual act was consensual since AAA only resisted at first
but gave in thus, she consented to the act. This admittance of XXX proved that
there really happened between him and AAA. But the Court disagrees with the
defense; lack of resistance does not mean that the victim consented to the sexual
act. In the case of People vs. Mahinay, the Court ruled that just because the
victim did not shout or cry for people to hear her does not preclude that there
was no rape. For people act differently if they are subject to emotional stress:
some may shout; some may faint; some may be shocked due to insensibility while
others may openly welcome their intrusion. In this case, AAA resisted at first but
then, she knew she was powerless over the desires of XXX thus, could have just
openly welcomed the succumbs of XXX for fear of being hurt. Furthermore, in
People vs Flores, the Court justified that in rape, the force employed by the guilty
party does not need to be irresistible, only sufficient to consummate the desires
of the accused. The controlling point is that because of force employed, AAA was
made to submit to the advance of XXX.
It would be worth noting that no woman would want to subject itself to
public trial especially in a case if rape if it is not true. Were it not for AAAs sister
discovering the pregnancy, AAA would have chosen to hid in the dark all the
bestial doings of XXX rather than face humiliation in this rather conservative
country of ours where chastity of womanhood is given premium and utmost
importance, There might be inconsistencies in the testimony of AAA but it does

not change the fact that XXX without permission entered the house of AAA in the
guise of asking for water when in truth, he had other ulterior motives.
WHEREFORE, this Court find the accused guilty beyond reasonable doubt
under Article 266-A of the Revise Penal Code and sentencing him to serve the
penalty of prision mayor to reclusion temporal. We further order him to pay P
50,000 as moral damages and P 50,000 as indemnification.
SO ORDERED.
This 26th day of October 2015 in the City of Tacloban.

JUDGE YAYA DUB

PRESIDING JUDGE