You are on page 1of 6

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
Makati City, Branch 113
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -

Criminal Case No.: R-PSY-09-0112-CR


For: Violation of Article
266-A of the Revised Penal
Code as amended by R.A.
No. 8358 also known as the
Anti-Rape
Law
of
1997

LUIS MARK GARCIA y LEONES and


RONALD RECOLIN y GARCIA,
Accused.
x-------------------------------------------------x

OPPOSITION TO THE PETITION FOR BAIL

The State, through undersigned counsel, respectfully OPPOSES


the admission to bail of the accused LUIS MARK GARCIA Y
LEONES and states:
1. That the complainant is a Filipino, a minor, 12 years of age, born
December 23, 2009 in Manila, 1st year student at Pasay West High
school, with residence at P10-21-12-1st Villamor Airbase, Pasay
City.
2. The accused, Luis Mark Garcia y Leones is currently detained in
the Makati City Jail for the crime of raping the herein mentioned

minor.
3. That no bail has been recommended for the accuseds temporary
release because evidence of guilt is strong.
ARUGMENTS

OPPOSITOR respectfully submits that the accused should not be


admitted to bail on the ground that evidence of guilt is strong based on
the sworn affidavit of the minor victim, Cathlea Mae Acana y Carisma
and presents the following to support its positon:
I. Credibility of the testimony of minor females
The Courts has always recognized the trustworthiness of the
testimonies of minors in rape cases. The case of People v. Ponsica 433
Phil. 365 highlights how unlikely it is for a young, unmarried woman to
concoct a story to the detriment of her reputation and honor:
It bears emphasis that when the offended parties are
young and immature girls from the ages of twelve to
sixteen, courts are inclined to lend credence to
their version of what transpired, considering not
only their relative vulnerability but also the shame
and embarrassment to which they would be
exposed by court trial if the matter about which they
testified is not true. It is instinctive for a young,
unmarried woman to protect her honor and it is
thus difficult to believe that she would fabricate a
tale of defloration, allow the examination of her
private parts, reveal her shame to the small town
where she grew up, and permit herself to be
subject of a public trial had she not really been
ravished.

The sworn affidavit of Cathlea Mae Acana y Carisma (herein


attached as Annex A) regarding the events that had transpired and the
circumstances of the wicked crime committed against her is in itself is
proof that evidence of the herein accuseds guilt is strong. Cathlea, a
child of 12 tender years, would not invent a story of being raped and
besmirched of her honor not just by one, but by two men and risk being
shamed and disgraced publicly.
It is also important to take note of that according to the the sworn
affidavit of her father (herein attached as Annex B), Jose Novo Acana

y Tupan, he became angry upon finding out that his young minor
daughter had a boyfriend, therefore implying that he did not allow his
daughter to have any romantic relationships. Since Cathlea kept her
relationship with her boyfriend Joseph from her father, it would be very
unbelievable of her to fabricate a story of being deflowered by two men
and tell her father about such a sensitive matter involving her honor and
purity when it is obvious he is very strict with her.
II. Lack of lacerated wounds: Does not negate sexual intercourse
The accused, in his petition for bail, is arguing that the accused
never raped Cathlea as evidenced by the Medico-Legal report, which
stated that there was no evident injury on her private parts at the time of
the examination. However, they omitted the fact that there was a
qualification to such statement: but medical evaluation cannot
exclude sexual abuse. Thus, the findings do not exclude possibility of
sexual abuse, and the likelihood of sexual intercourse, despite the
absence of injuries at the time of the examination.
Furthermore, noteworthy is the case of People v. Dy 425 Phil. 608
wherein the Court held the absence of lacerated wounds on the vagina
does not negate sexual intercourse, and a victims credible testimony is
sufficient enough to convict the accused regardless of the result of the
medical examination:
Further, lack of lacerated wounds does not negate
sexual intercourse. A freshly broken hymen is not an
essential element of rape. Even the fact that the
hymen of the victim was still intact does not negate
rape. As explained by Dr. Maximo Reyes, medicolegal officer of the NBI, there are hymens that may
admit without necessarily producing laceration and
there are hymens that may admit injuries that will
produce such laceration. At any rate, "in crimes
against chastity, the medical examination of the
victim is not an indispensable element for the
successful prosecution of the crime as her
testimony alone, if credible, is sufficient to convict
the accused thereof, as in this case."

PRAYER

WHEREFORE, foregoing premises considered, it is respectfully


prayed that this Honorable Court issue an ORDER denying PETITION
FOR BAIL filed by the Accused for reasons cited above.
Makati City, 03 August 2014.
MERCADO , NITURA, FELICIANO,
LEE, & RECENTES LAW FIRM
Counsel for the Accused
Unit 1919 East Tower, One Rockwell,
Rockwell Drive, Makati City
Tel. No. (632) 897-8770
Telefax. (632) 896-2116
Email: mnflr@law.com

By:

MERCEDES C. FELICIANO
IBP No. 9139238 01-08-14/Makati City
PTR No. 913458/01-08-14/Makati City
Roll of Attorneys No. 51313
MCLE Com. No. IV-002248413/06-17-14

Copy Furnished by Personal Service to:

The City Prosecutor


Office of the City Public Prosecutor
Makati City

SHEENALYN R. TENGCO
Counsel for the Accused
Fondevilla & Fondevilla Law Offices
Unit 2501-E, One Rockwell East Tower
Makati City
ALSC.MidtermExercise.OppositiontoPetitionforBail.3August14