Republic of the Philippines

Department of Justice
NATIONAL PROSECUTOR OFFICE
Office of the Provincial Prosecutor
Hall of Justice, Ormoc City

DESERIE MAE DIZON Y GALLARDO,

Complainant,
I.S. No _________________
- versus - For: _________________

PAULINO GALLARDO Y PALLER,

Respondent.
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RESOLUTION

This resolves the above-entitled complaint for violation of Republic Act 8353 otherwise
known as “The Anti Rape Law of 1997”, filed against Paulino Gallardo Paller.

Deserie Mae Dizon y Gallardo, 14 years old, second year high school, Filipino, a resident
of Barangay Tongonan, Kananga, Leyte, Philippines. Sometime on February 14, 2011 at about
10’00 o’clock in the morning respondent called her to get inside his house and while they were
inside the house respondent ordered her to go upstairs where the respondent forcibly inserted his
finger into her vagina passing thru her short pants. The complainant cried after the incident and
the respondent put a Fifty Pesos (P50.00) on her pocket and went home.

That sometime in the last week of March 2011 at about 5:00 o’clock in the afternoon at the
piggery located at the back of the house of the respondent, the respondent called the complainant
and ordered her to be in the said place and the respondent again touch her private parts and after
the incident the respondent put a Five Hundred Peso Bill (P500.00) in her pocket.

That sometime in the first week of May 2011, the respondent hold the complainant hand
and forcibly brought her upstairs of the house, the respondent removed his pants and brief and
forcibly removed the complainant short pants, panty and t-shirt and raped her by inserting his penis
and make a pushed and pulled moved into her vagina and then a sticky fluids came out from his
penis and the respondent showered it on the floor. After the incident the respondent got his
handgun and tucked it on his waist and repeatedly telling her that he will kill her if she will tell
anybody about the incident.
 That on August 11, 2011, at around 4:00 o’clock in the afternoon at the house of the
respondent the complainant was called again by the respondent and forcibly brought her inside the
room and the respondent again raped her by inserting his penis into her vagina.

That on the same day at about 7:00 o’clock in the evening the complainant mother arrived
from her work and she revealed the incident. On the next day August 12, 2011, at around 2:00
o’clock in the early morning her mother sent a text message to the Police Station of Kananga,
Leyte informing the said incident.

The complainant was brought to the Municipal Health Office of the Municipality of
Kananga where she was examined by Doctor Ma. Cecilia D. Samosa who issued a medico-legal
certificate dated August 12, 2011. The findings were hymenal laceration at 3, 4, and 9 o’clock
position and admits one examining finger with ease.

In the affidavit of Dolores Dizon y Gallardo, 36 years old, married, Filipino, hair dresser
and a resident of Brgy. Tongonan, Kananga, Leyte, Philippines, the mother of minor Deserie Mae
Dizon y Gallardo who is the complainant of rape incident perpetrated by Paulino Gallardo y Paller.
That on August 11, 2011 at around 7:00 o’clock in the evening, when she arrived from work, her
daughter the complainant informed her that she was raped by her uncle Paulino y Paller.

As for the respondent, in his counter-affidavit he vehemently denied the accusations,

claiming that the charges are fabricated, pure incredible and unbelievable and that he is presently
74 years of age and physically incapable of the acts alleged by the complainant. The respondent
alleged that the failure of the complainant to state the specific dates of March 2011 and May 2011
when she was molested clearly create doubt on the complaint against him while she was able to
specify the specific dates on February 2011 and August 2011. The respondent also contend why
the complainant could not explain that she only reported the said incident on August 11, 2011
where in fact in her affidavit the molestation started on February 14, 2011. The respondent pointed
out also that the complainant only made fabricated allegations on August 11, 2011, because he
confronted and suspected her of stealing a big amount of money from him and that she in turn
invented the instant charges against him. The respondent also manifested that in the medical
certificate there was no showing of abrasions, contusion, laceration and wound in the complainant
vagina if indeed she was forced to have a sexual intercourse. The respondent added that if the
complainant was indeed molested why she keeps on coming back to his house.

As for the respondent, in his supplemental counter-affidavit as shown by the ocular

inspection, that it would had been impossible and incredible for him to commit the acts complained
of considering the location and structure of the place where the alleged incident happened, his
residence, his auto repair shop, considering the proximity to the neighbors, the public school, the
Brgy. Hall and the houses of the complainant relatives. The respondent also questioned why the
complainant never ask for help where in fact the windows of his house can be opened from the
inside and also very accessible from the outside.

In the counter-affidavit of Rovena E. Laude and Concepcion S. Laude, who were hired by
the respondent to clean his house on August 11, 2011 from 7am until 5pm, stated that Deserie Mae
was never there in the house of the respondent because they were there the whole time.
 Base on the foregoing, the undersigned finds probable cause to warrant the indictment of
the respondent for the crime of rape in relation to Article 266-A of Republic Act No. 8353.

The elements of the crime of acts of rape under Article 266-A of Republic Act 8353 are
the following:

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) By means of fraudulent machination or grave abuse of authority; and

In the present case, the denial of the respondent cannot controvert the allegation of the
minor victim, Deserie Mae Dizon y Gallardo who claimed that her private parts were touched
and raped by the respondent.

Wherefore, premises considered, undersigned respectfully recommends that upon approval

of this resolution, the attached information for violation of Article 266-A of Republic Act 8353 be
filed against the respondent.

City of Ormoc.

DENNIS L. HIBAYA
Investigation Prosecutor