Republic of the Philippines

REGIONAL TRIAL COURT

____________ Judicial Region
Lian, Batangas

PEOPLE OF THE PHILIPPINES,

Plaintiffs,

-versus- CRIMINAL CASE NO. ________

FOR: Rape

RONALD GALANG,
Accused.
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MEMORANDUM FOR THE PROSECUTION

The private complainant, through the public prosecutor, comes

unto this Honorable Court and respectfully states:

STATEMENT OF THE FACTS

Julia Torres, eighteen years (18) of age, single, said that she went
to the house of Celia at Barrio Talaan, Lian, Batangas, on June 12 at 7 p.m.
to attend a wedding party. She saw his suitor Ronald Galang.

At 11 p.m. Julia took leave to go home alone. This did not bother
her because she knew everyone in the barrio. She took a shortcut across
Mario Perez’s farm. About fifty meters from the latter’s house, Ronald
came behind her and asked that he walk her home. She declined but
Ronald caught her arm and wrestled her on the rough ground, covering
her mouth so she could not shout.

Julia struggled to get free but Ronald pointed a knife at her side
and threatened to stab her. Out of fear, she gave in and ravished her.

After the rape, Julia kept the matter to herself for fear of trouble if
her parents and brothers found out. But, she finally told her aunt. They
went to the police and she submitted to medical examination.
 ISSUE

This case presents the lone issue of: Whether or not Ronald raped
Julia.

ARGUMENTS/DISCUSSIONS

Firstly, it would be improbable for a barrio girl of tender age and

definitely inexperienced in sexual matters to fabricate a charge for no
reason at all that will put herself and her family in a very uncompromising
situation, which could even invite reprisal. (People vs. Vitor, 245 SCRA 392)
And the failure of the victim to immediately report the rape is not
necessarily an indication of a fabricated charge. (People vs. Casil, 241 SCRA
285; People vs Montefalcon, 243 SCRA 617)

Julia’s decision to keep the matter to herself is a natural reaction of

a young girl who is in fear of trouble if her parents and brothers will find
out the rape incident. The lapse of time does not necessarily negate the
fact that rape actually took place as a young girl let time passed by to
earn the courage to divulge the incident.

Secondly, the absence of physical injury does not negate the

commission of rape. (People vs. Gapasan, 243 SCRA 53) The absence of
bruises on her body despite rough grounds does not negates rape. Those
bruises may have healed immediately before the medical examination
took place. It is of no moment either that the medical certificate fails to
show that Julia suffered any contusion or abrasion as it is not
indispensable in establishing the accused’s guilt or innocence.

Thirdly, the rape allegedly took place just 50 meters away from
Mario’s house. Mario who was still awake by that time would not have
heard Julia shriek for help when it happened as Julia became immobilized
due to fear for her life. Threatening the victim with a knife, a deadly
weapon, is sufficient to cow the victim and it constitutes the element of
rape. (People vs. Alquizalas, 305 SCRA 367) The failure to shout or offer
tenacious resistance does not make voluntary the rape victim’s
submission to the criminal act of the accused. (People vs. Marabillas, 303
SCRA 352) The fact that no one heard Julia’s outcry does not show that
she assented to Ronald’s moves.
 For the above reasons, it is firmly believed that a judgment for
conviction will be rendered to the accused Ronald Galang.

PRAYER

WHEREFORE, premises considered it is prayed unto this Honorable

Court that a judgment of conviction be rendered to the accused. Other
reliefs, just and equitable under the premises, are likewise prayed for.

Santiago City for Lian, Batangas, March 8, 2016.

________________________
Government Prosecutor

COPY FURNISHED:

The Counsel for the Defense

_______________________