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Republic of the Philippines

REGIONAL TRIAL COURT


Branch 99
City of Manila

PEOPLE OF THE PHILIPPINES Civil Case No: ________________


Plaintiff,
FOR: RAPE
-versus-

JUAN DELA CRUZ y HIPOLITO


Respondent.

x—————————————————————————x

A. STATEMENT OF FACTS AND CASE

The plaintiff People of the Philippines, representing the complainant Angel A. Locsin,
hereby submits this trial brief emanated from the complaint for the charge of rape against the
respondent Juan H. Dela Cruz.

The complainant filed a charge of crime of rape against the respondent whereby she
stated that Dela Cruz appeared in front of her in the bathroom. 1 In this scenario, she alleged that
this situation led Dela Cruz to commit the rape when the latter, by holding a bolo, forced her to
perform the sexual intercourse. In support of this allegation, the complainant attached her
Medico-Legal certificate examined by Dr. Venus V. Ra.2

On the other hand, the respondent Dela Cruz denied the allegations by way of counter-
affidavit stating that they are sweethearts and by occasion on the abovestated events complained
of by Locsin, these allegations are only made because Locsin became hysterical and the latter
bade him goodbye3. By way of evidence, he presented the photographs and love letters attached
in his counter-affidavit to support his contention that they are indeed sweethearts. In this regard,
the respondent vehemently denies that the crime of rape had transpired, because the sexual
intercourse and given the fact that they are in the romantic relationship, is consensual.

In the resolution dated January 31, 2019, the Office of the Prosecutor gave a
recommendation that based on the findings of circumstantial evidence and the strong burden of
proof by the prosecution through the elements of rape enunciated by Art. 266-A of Republic Act
8353, the charge of rape shall be filed against Dela Cruz.

B. ISSUE

Whether of not Dela Cruz committed the crime of rape to Locsin thus the charge shall be
filed against him.
C. DISCUSSION/ARGUMENTS

Article 266-A of the RA 8353, (1) the crime of rape is committed by a man who shall
have carnal knowledge against woman in any of the following circumstances:

1 See Complaint-Affidavit, p. 2 par. 1 (b)


2 See Medico-Legal Certificate by Dr. Venus V. Ra
3 See Counter-Affidavit, p. 2 par 12
a. Through force, threat, or intimidation;
xxxx
xxxx
xxxx

(2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof,
shall commit an act of sexual assault by inserting his penis into another person's mouth or
anal orifice, or any instrument or object, into the genital or anal orifice of another person.
(emphasis supplied)4

In the crime of rape, it is important that the abovementioned elements must be proven and
the burden of proof lies upon the prosecution that it was committed by the accused. In the case at
bar, Locsin stated that she merely followed Dela Cruz to perform the sexual intercourse because
she was threatened by the bolo held by Dela Cruz. Contrary to the allegation of the respondent, 5
it is immaterial to prove that physical injuries had resulted on the reason of rape. Moreover, Dela
Cruz was able to insert his penis to Locsin’s genitals as supported by the Medico-Legal
certificate attached in her complaint.

The contention of Dela Cruz that they were sweethearts, thus their sexual intercourse is
always consensual. In fact, Dela Cruz stated that this is normal for them to have sex in Locsin’s
bedroom6. Nevertheless, assuming arguendo that they are sweethearts and they are regularly
having the sexual intercourse does not negate that the crime of rape was committed as
exemplified in the case of People vs. Napudo7:

“x x x The sweetheart defense is considered an uncommonly weak


defense because its presence does not automatically negate the
commission of rape. The gravamen of the crime of rape is sexual
congress of a man with a woman without her consent. Hence,
notwithstanding the existence of a romantic relationship, a woman
cannot be forced to engage in sexual intercourse against her will.”
[Emphasis supplied]

Thus, the element of consent is an important factor to consider whether a crime of rape is
committed against the victim or not. Moreover, as alleged by Dela Cruz that Locsin became
hysterical and for the reason that he broke up with her does not support any basis whether the
crime of rape is committed or not. Our law governing rape nor any jurisprudence give credence
that the sweetheart defense is a reasonable stance especially when it is not supported by a strong
corroboration:
“The sweetheart defense is not usually regarded with favor in the absence of
strong corroboration. This is because the mere fact that the accused and the
victim were lovers should not exculpate him from criminal liability for rape.
In People v. Orquina, the Court observed that an allegation of a "love
relationship" between the parties, even if found to be true, did not eliminate
the use of force to consummate the crime because the gravamen of rape is the
carnal knowledge of a woman against her will and without her
consent.”8(emphasis supplied)

4 section 1 Republic Act 8353


5 Complaint-Affidavit, page page 4 par. 21
6 Complaint-Affidavit page 2 par.11
7 People of the Philippines vs. Fajardo Napudo, G.R. No. 168448, October 8, 2015
8 People of the Philippines vs. Carlito Carlo y Manihay, G.R. 199894 April 5, 2017
In the absence of corroborations of any witnesses, the sweetheart theory
cannot stand alone. In this case, it must be observed that Dela Cruz did not provide any
competent witness to support his claim that they are sweethearts, in order to counter the
contention that by carnal knowledge, he committed rape to Locsin.

D. CONCLUSION

In accordance with the circumstantial evidence and burden of proof supported by the
prosecution, and as also further made by the supporting abovementioned jurisprudence, it is
respectfully to submit that Juan H. Dela Cruz committed the crime of rape based on Article 266-
A of RA 8353, therefore shall be punished by reclusion perpetua as provided in paragraph 1,
Article 266-B of the same law.

E. PRAYER

WHEREFORE, IN VIEW OF THE FOREGOING, it is most respectfully


recommended that the crime of Rape be filed against the Juan H. Dela Cruz.

City of Manila, February 7, 2019.

ATTY. JOLINA C. ROXAS


Counsel for Plaintiff
Court and PAO Building
Brgy. Pag-asa, Kamote Village City of Malabon
PTR No. 012345; 01/15/11; Malabon City
IBP Lifetime No.551986; 01-25-01; Malabon City
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MCLE Compliance No. 4-00010101
Tel. (fax) no. (045) 982-0871