G.R.

152302

People v. Oga
June 8, 2004

Keywords/Anchor Topic: Rape

Ponente: DAVIDE, JR., CJ.
Summary: Jose Oga was convicted with simple rape by the lower courts; but acquitted by the Supreme
Court after carefully examining the testimony of Irene (accuser), and somehow giving credence to his
sweetheart theory.
Facts:
1. Aug 9, 1998 in a construction site in Navotas, Metro Manila Ignacio and his wife sleeping inside a
makeshift house, Irene (their 14-yr-old daughter) still outside. They thought she was selling cigarettes at the
fish pier.
2. Aug 10, 1998 2:00 am the couple was awakened by the loud banging of corrugated GI sheet,
which originated from Ogas (Ignacios co-construction worker) barracks which was about 3 meters away. They
hurried to Ogas place and ws surprised to see Oga naked and in the motion of pumping his seeds into the
sexual organ of their daughter Irene. The mom pushed the appellant and pulled Irene. Ignacio shouted for
assistance of the guards.
3. At around 10:20 am, Irene was examined by Dr. Aurea Villena and she found fresh hymenal
laceration but no sigh of extragenital physical injuries on her body.
4. An Information was filed against Oga.
Irenes story:
1. Aug 9, 1998 10:00 pm Oga (24-yr-old construction worker) summoned her to his barracks. She
thought he summoned her for an errand (to buy cigarettes or liquor perhaps).
2. Inside Ogas barracks, he pulled her and laid her on the papag, took off her pants and panty, as well
as his clothes. Irene resisted but he was strong and drunk. He pinned her down with his body- his right hand
on her hands above her shoulders, his left hand separated her legs, then the coitus happened.
3. It was around 2:00 am when she was able to kick the GI that enclosed Ogas barracks. That
prompted her parents to check appellants barracks
Ogas story (the sweetheart theory):
1. May 10, 1998 after one week of courtship, Irene reciprocated his love.
2. Aug 10, 1998 10:30 pm he was asleep; Irene came inside his barracks, awakened him with her
embraces. He ordered her to go out, but she went on. Irene stripped and laid down with him. They had sex and
slept.
3. 3:30 am the next day, Irenes mom barged in and shouted to Ignacio Ignacio, nandito ang iyong
anak and then Ignacio arrived.
4. The parents insisted that they be married.
5. Ignacio made him sign something. Oga signed not knowing that he would be charged with rape. (he
could not read, he only knew how to sign)
* RTC of Malabon City rejected the sweetheart theory Oga was convicted, penalty reclusion
perpetua, indemnity Php 50,000, moral damages Php 50, 000, plus cost of suit
Issue/s
Should
Oga be
convicted
with rape?

Held/Ratio
NO
It was alleged that the crime of rape was committed with force and
intimidation under Art 335 (1), RPC.
* Force may be physical and actual or psychological.
After scrutinizing Irenes testimony, SC found that no force/
intimidation was employed:
Mouth not covered
Hands were free most of the time

 No weapon (gun, knife, etc.)

Dr. Villenas findings:
No extragenital injuries
Other evidence:
Not a piece of Irenes apparel was torn or damage
* Intimidation and coercion must be viewed in the light of the victims
perception and judgment at the time of the rape. Factors: age, size,
and strength of the parties, and their relationship
Irene 58 cms ; 99 lbs; 14 y/o
:
Oga: 24 y/o, construction worker
No other physical stat was mentioned
Irenes overall deportment during her ordeal defies comprehension
and the reasonable standard of human conduct when faced with a
similar situation.
It was 10:00 pm, but she readily acceded when Oga summoned her allegedly for an
errand, considering that Oga is not related to them a mere co-worker of her father
When she was pulled and laid down on the bed, why did she not scream?
It took her so long to kick the GI (from 10 pm to 2 am)
It was simply incredible a rapist does not have that much luxury of
time.
When her father saw them, they were both naked this increased the
suspicion that it was consensual sex.

Decision:
Oga was acquitted. His guilt has not been proved beyond reasonable doubt.

Notes:
In reviewing rape cases, the Court has established the following principles as guides:
(1) an accusation of rape can be made with facility, difficult to prove but more difficult for the person
accused, though innocent, to disprove;
(2) by reason of the intrinsic nature of rape, the testimony of the complainant must be scrutinized with
extreme caution; and
(3) the evidence for the prosecution must stand or fall on its merits and cannot draw strength from the
weakness of the evidence for the defense.