 27.

5
C
Manila Monday, November 18, 2019 Sign in / Join  Notifications
  Powered By

NATION REGIONS OPINION BUSINESS WORLD SPORTS LIFESTYLE ENTERTAINMENT THE SUNDAY TIMES SPECIAL SECTIONS MORE  

Home  Legal Advice  DearPao  When the charge of rape may not prosper

When the charge of rape may not

prosper
By Persida Acosta  May 20, 2017

Dear PAO,

My sister’s friend, a boy, had been around us

in the past years. It is unclear whether they
Persida Acosta
had a relationship. Both of them are already of
LATEST STORIES
age, although the boy is just 18 years old and
5.9 quake shakes Mindanao
my sister is 24. One day, my sister’s friend met her at a
Duterte: Robredo not part of Cabinet
restaurant somewhere in Pasay. The guy later brought her to
Create Dengvaxia court, PAO tells Supreme Court
a nearby motel, supposedly to just talk about something. My
711 examinees pass the Agricultural and Biosystems Engineer
Licensure exams
sister said she refused to go, but because of trust, she
Black Eyed Peas star will.i.am accuses Qantas flight attendant
eventually agreed. The guy allegedly tried to kiss her, which of racism

she escaped by going to the comfort room where she

managed to call our cousin to relay the information that her

OTHER NEWS RECOMMENDATIONS
friend was attempting to rape her. She was unable to
disclose her location at that point. As feared, her friend was SOMEWHERE IN CENTRAL MANILA, FOR
UNDER A MINUTE ON CHRISTMAS EVE – THE
able to succeed in having carnal knowledge of her. MANILA TIMES
When inside a time dilation box, one has time to think.
According to her, she remained mum the whole time for Or at least one can do as much thinking as..

fear of being killed, as the two of them were isolated. Given PROVING GENUINE HANDWRITING – THE
MANILA TIMES
these circumstances, will my sister be able to successfully Persida Acosta

prosecute her friend for the crime of rape?

Sincerely yours,
Ana Therese

Dear Ana Therese,

Two fairly recent cases decided by the Supreme Court are
important in determining whether the circumstances you
have relayed to us regarding the alleged rape of your sister PUBLIC ANGER – THE MANILA TIMES
Tens of thousands of people again rallied in central Hong
are enough to be successfully prosecuted. Kong on Sunday, June 16, as public anger..

People of the Philippines vs Juan Richard M. Tionloc (G.R. THE PLAZA MIRANDA BOMBING – THE
MANILA TIMES
No. 212193, Feb. 15, 2017), penned by Associate Justice Part three

Mariano del Castillo, clearly emphasizes: powered by

“When the evidence fails to establish all the elements of the

crime, the verdict must be one of acquittal of the accused.
The basic precept applies in this criminal litigation for
rape.”
xxx xxx xxx

“[T]he prosecution had to overcome the presumption of

innocence of appellant by presenting evidence that would
establish the elements of rape by sexual intercourse under
Today’s Front Page November
paragraph 1, Article 266-A of the RPC (Revised Penal 18, 2019
 Notifications Powered By
Code), to wit: (1) the offender is a man; (2) the offender had
carnal knowledge of a woman; (3) such act was
accomplished by using force, threat or intimidation. In rape
cases alleged to have been committed by force, threat or
intimidation, it is imperative for the prosecution to establish
that the element of voluntariness on the part of the victim be
absolutely lacking. The prosecution must prove that force or
intimidation was actually employed by accused upon his
victim to achieve his end. Failure to do so is fatal to its
cause.

“Force, as an element of rape, must be sufficient to

consummate the purposes which the accused had in mind.
On the other hand, intimidation produce[s] fear that if the
victim does not yield to the bestial demands of the accused,
something would happen to her at that moment or even

thereafter, as when she is threatened with death if she

reports the incident. Intimidation includes the moral kind as
the fear caused by threatening the girl with a knife or pistol”
[emphasis supplied, citations omitted].

In the same case, it was clear that:

“No allegation whatsoever was made by ‘AAA’ that

Meneses or appellant employed force, threat or intimidation
against her. No claim was ever made that appellant
physically overpowered, or used or threatened to use a
weapon against, or uttered threatening words to ‘AAA.’
While ‘AAA’ feared for her life since a knife lying on the
table nearby could be utilized to kill her if she resisted, her
fear was a mere product of her own imagination.

There was no evidence that the knife was placed nearby

precisely to threaten or intimidate her. We cannot even
ascertain whether said knife can be used as a weapon or an
effective tool to intimidate a person because it was neither
presented nor described in court” [emphasis supplied].

Verily, in the case of People vs. Tionloc, the “fear” that was
alleged by the complainant was not properly substantiated.
Applying this to the circumstances you have disclosed, your
sister’s actuation of being mum the whole time of the
 Notifications Powered By
ordeal, allegedly for fear of being killed because she and her
friend were in an isolated situation, may cast doubt on her
allegation of rape.

Additionally, in People of the Philippines vs. Carlito M.

Claro (G.R. No. 199894, April 5, 2017), penned by
Associate Justice Lucas P. Bersamin, it is further stressed
that:

“[I]t is not fair and just to quickly reject the defense of

consensual sexual intercourse interposed by the accused. To

be noted first and foremost is that he and AAA were adults

capable of consenting to the sexual intercourse. The
established circumstances—their having agreed to go on a
lovers’ date; their travelling together a long way from their
meeting place on board the jeepney; their alighting on Rizal
Avenue to take a meal together; their walking together to
the motel, and checking in together at the motel without the
complainant manifesting resistance; and their entering the
designated room without protest from her—indicated
beyond all doubt that they had consented to culminate their
lovers’ date in bed inside the motel. Although she claimed
that he had held her by the hand and pulled her upstairs,
there is no evidence showing that she resisted in that whole
time, or exhibited a reluctance to enter the motel with him.
Instead, she appeared to have walked with him towards the
motel, and to have entered it without hesitation. What she
did not do was eloquent proof of her consent.”
xxx xxx xxx

“In every criminal case, the accused is entitled to acquittal

unless his guilt is shown beyond reasonable doubt. Proof
beyond reasonable doubt does not mean such a degree of
proof as, excluding possibility of error, produces absolute
certainty. Only moral certainty is required, or that degree of
proof which produces conviction in an unprejudiced mind.”
xxx xxx xxx

“Without the proof of his guilt being beyond reasonable

doubt, therefore, the presumption of innocence in favor of
the accused herein was not overcome” [emphasis supplied,
citations omitted].

Evidently, while the friend of your sister has not yet raised

the defense that there was consent on her part to disprove

her allegations, the principles cited above should be the
guide on whether or not a complaint or case filed against
your sister’s friend should prosper. It is critical that the
accuser is able to prove, beyond any hint of doubt, that
 Notifications Powered By
indeed the accused committed the acts of rape complained
of.

Again, we find it necessary to mention that this opinion is

solely based on the facts you have narrated and our
appreciation of the same. The opinion may vary when the
facts are changed or elaborated. We hope that we were able
to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public

Attorney’s Office. Questions for Chief Acosta may be sent to

dearpao@www.manilatimes.net

OTHER STORIES

Confirmatory When is SPA required in Mandatory

drug test warrantless land sale through PhilHealth
mandatory arrest considered an agent coverage for
lawful? persons with
disability

This website uses cookies to ensure you get the best experience on our website. By continuing to use this website without disabling cookies in your web browser, you are agreeing to our use of cookies. Read More. I Agree