You are on page 1of 8

Republic of the Philippines

OFFICE OF THE CITY PROSECUTOR


City of Iloilo

MICHAEL FRANK DELA FUENTE ,


MARIE GRACE DELA FUENTE
(11 YEARS OLD), VICTIM I.S. NO. 07-2277
Complainant
s, For: RAPE in
Relation to R.A.
7610
-versus-

BIENVENIDO SANTOS
Respondent.
x----------------------------------------------
----------- x

RESOLUTION
This resolves the complaint for Acts of lasciviousness in relation to
R.A. 7610 allegedly committed against complainant MARIE GRACE
DELA FUENTE, (11 YEARS OLD), by the respondent.

Complainant MARIE GRACE DELA FUENTE (GRACE for


brevity) claimed that on May 10, 2017 she started to work at the
resident of the respondent to take care of the sick mother of the latter.
On that night of even date when she came out from the room of the
mother of the respondent to get a glass of drinking water the respondent
suddenly grabbed her and carried her inside his bed room. Respondent
locked the door and closed the windows of his bedroom and started to
remove his dress until he was completely naked. Respondent grabbed
her hand and pulled her towards him. Respondent threatened her that
“kung indi ka mag uba, patyon ta ka” which led her in to fear. She
started to raised her shirts because of the fear, then respondent was the
one who remove her dress until she was completely naked. Respondent
pushed her in to bed holding her both arms then he placed himself on top
of her kissing her lips against her will. Respondent forcedly open her
legs and rub his penis to her vagina. Complainant started to cry but
respondent refused to let her go. When respondent already finished of
his sexual act he threatened the complainant that she will be killed if she
will tell the sexual abuse to any body.

The sexual abuse was allegedly repeated in almost the same


manner and fashion on another day of June 15, 2017

Grace presented Medico Legal Report No. 152-10-30-07 issued by


Police Superintendent Josh Marc Rendon, MD with the conclusion that:
child made disclosure of sexual abuse. No evident injury at the time of
examination but medical evaluation cannot exclude sexual abuse.

In his counter- affidavit the respondent vehemently denies the


allegation against him by the complainants and claimed that he did not
engage the services of Grace to take care of her mother since they have
regular helper in the person of Manang Luzviminda. The said allegation
was corroborated by the affidavit of his mother in the person of Erlinda
Santos as attached in his counter-affidavit.
Respondent further claimed that the charge against him was mere
creation of Grace as a retaliation because he failed to lend her money in
the amount of P10,000.00. -----
Resolution
I.S. No. 0-2277
Page 2
-----
After Judicious evaluation of all the evidence adduced by the
parties we find that there is a probable cause to charge the respondent
for (2) counts of rape instead of Acts of lasciviousness of complainant
minor MARIE GRACE DELA FUENTE happened sometime on June 10,
2017 under par. 1 of Art. 266-A of the Revised Penal Code as amended in
relation to Sec. 5 (a) of R.A. 8369.

The rape was allegedly repeated in almost the same manner and
fashion for about four
(4)times twice in June 10 2017 all which took place in the same house of
the respondent but considering that the complainant remember only the
June 10 , 2017 incidents and cannot vividly recall the approximate time
of the commission of the other rape sometime in June 2017 , they cannot
be made the basis of the filling of the appropriate Information in Court
with out infringing the right of the respondent to aptly informed of the
accusation leveled against him.

Art.266-A. of the Revised penal Code provides that:

“Rape, When and How Committed.—Rape is committed---

1). By a man who shall have carnal knowledge of a woman under any of
the following circumstances:

a) Through force, threat or intimidation;


b) When the offended party is deprived of reason or is otherwise
unconscious;
c) By means of fraudulent machination or grave abuse of authority;
d) When the offended party is not under twelve (12) years of age or it
is demented, even though none of the circumstances mentioned
above be present;
xxx xxx xxx”

It is very clear from the evidence that respondent committed rape


against GRACE. It should be stressed that GRACE stated in her
complaint affidavit that respondent place or rub his penis to her vagina
and such act of the respondent consummate the rape for in the crime of
rape penetration, even partial is not necessary. The slightest penetration
is enough. Proof of emission is not necessary. (Miller, Criminal Law, 299;
People vs. Selfasion, et al., G.R. No. L-14732, Jan.28, 1961)

Respondent defenses of denial cannot prevail in this instant case. It


would be highly improbable for a girl like GRACE a minor, to fabricate a
charge so humiliating to herself and her family as well, had she not been
truly subjected to the pain and harrowing experience of sexual abuse.

While it is true that initial Medical report of GRACE indicated that


no evident of injury was sustained by GRACE at the time of her
examination it also hold true that the same medical report indicated that
the said medical evaluation cannot exclude sexual abused. Further a
medical examination is not essential in the prosecution of rape case—a
medical examination, as well as the medical certificate, is merely
corroborative in character (People vs. Iluis, 399 SCRA 396)

Lastly other defenses raised by respondent are evidentiary in


nature and are better left
for the court to decide in a full blown trial.
-----
Resolution
I.S. No. 0-2277
Page 3

-----
Wherefore, we resolve that there is sufficient probable cause to
charge the respondent for 2 counts rape under Article 266-A paragraph 1
of the Revised Penal Code in relation to Sec. 5 (a) of R.A. 8369
committed against MARIE GRACE DELA FUENTE.

City of Iloilo, January 10, 2018.

NOEL CHRISTOPHER G.
BELLEZA
Assistant City Prosecutor

APPROVED:

KRISTEL ANNE CASTILLON


City Prosecutor

Copy Furnished:

Michael Frank Dela Fuente


Marie Grace Dela Fuente
Blk 4, Lot 9, Riyadh St.,
Monterosa Subdivision, Mandurriao
Iloilo City

Bienvenido Santos
Blk 4, Lot 12, Riyadh St.,
Monterosa Subdivision, Mandurriao
Iloilo City
Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
City of Iloilo

PEOPLE OF THE NO
PHILIPPINES, CRIM. CASE .
____________ (I.S. NO. 07-
2277)
fo
-versus- r
Rape under par. 1 (d) of Art.
BIENVENIDO SANTOS., 266-A of
the Revised Penal Code as
(Blk 4, Lot 12, Riyadh St. amended
in relation to Sec. 5 (a) of
Monterosa Subd, Iloilo City) R.A. 8369
Accuse
d.
x------------------------------------------
---- x

INFORMATION
The undersigned Assistant City Prosecutor accuses BIENVENIDO
SANTOS. of the crime of Rape under par. 1(d) of Art. 266-A of the
Revised Penal Code as amended in relation to Sec. 5 (a) of R.A. 8369,
committed as follows.

That on or about the 10th day of June 2017, in the City of Iloilo,
Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused, by means of force and intimidation, did, then and
there willfully, unlawfully and feloniously have carnal knowledge with
one MARIE GRACE DELA FUENTE, eleven (11) years of age, a minor,
at the time of the commission of the offense, against her will and
consent.

CONTRARY TO LAW.
City of Iloilo, January 5, 2018.

NOEL CHRISTOPHER G.
BELLEZA
Assistant City Prosecutor
APPROVED:

KRISTEL ANNE CASTILLON


City Prosecutor

This is to certify that I have conducted a preliminary


investigation of this case; that the accused was informed of the
complaint and of the evidence submitted against him; that he was
given an opportunity to submit controverting evidence; that based on
the evidence presented; there is reasonable ground to believe that the
crime has been committed and that the accused is probably guilty
thereof. I further certify that this information is being filed with the
prior authority of the City Prosecutor.

NOEL CHRISTOPHER G.
BELLEZA
Assistant City Prosecutor

SUBSCRIBED AND SWORN to before me this 5th day of January


2018 in Iloilo City.

WITNESSES:
MARIE GRACE DELA FUENTE -
MICHAEL FRANK DELA
FUENTE -
Bail Recommended:
No Bail