even justified that Rosilyn was a minor because we shouldn’t rely on her birthcertificate, which was expunged from the NSO. chadosorio
It is perfectly reasonable to believe the testimony of a witness withrespect to some facts and disbelieve it with respect to other facts. In People vs.Keller, it was seen that
Testimony may be partly credited and partly rejected.
--- Trier of facts are notbound to believe all that any witness has said; they may accept someportions of his testimony and reject other portions, according to what seemsto them, upon other facts and circumstances to be the truth… Even whenwitnesses are found to have deliberately falsified in some materialparticulars, the jury are not required to reject the whole of theiruncorroborated testimony, but may credit such portions as they deem worthyof belief.”No woman would accuse someone of defloration if she did not want theculprit apprehended and punished, because of the accompanying shame of theinvestigation to prove such accusation. Her hesitation and uncertainty to answersome of the questions were how rape victims answered in real life, and not mereacting. The fact that Rosilyn did not specify rape in her affidavits against Jalosjosdoes not mean that it never occurred, because rape is too much of a technical termfor such a young child.In
People v. Campuhan
, “rape is consummated by the slightest penetration of the female organ,
touching of either labia of the pudendum by the penis.” There need not be full and complete penetration of the victim’s vagina for rape tobe consummated. There was no case originally against Jalosjos, because the original case filedwas against the pimp Simplicio Delantar, it was just that Jalosjos was identified inthe pictures. Since rape is a crime against persons, any prosecutor can move onwith legal action, not necessarily the victim herself.It is settled that in cases of statutory rape, the age of the victim may beproved by the presentation of her birth certificate. However, even assuming theabsence of a valid birth certificate, there is sufficient and ample proof of thecomplainant’s age in the records, like baptismal certificate, hospital records (JoseFabella Memorial Hospital: master list if births, date and time of pregnant mother’sconfinement), et cetera. chadosorio
2.Can a legislator perform his duties thru legislative sessionsand committee meetings despite having been incarcerated dueto a non-bailable offense?
His functions as a representative of the First District of Zamboangadel Norte, whose electorate chose him by mandate of sovereign will, should not beimpeded by the constraints of a pending criminal case. chadosorioHe cited
Aguinaldo v. Santos: