Group 2 (Barcillano, Rellora, Turallo, and Villanueva)

JD1A

LEGAL EVIDENCE – OUTLINE ON THE E-SIMULATED RAPE

HEARING

EVIDENCE AND PURPOSE OF THE PROSECUTION

● Medico-legal Report from NBI (Exhibit A) - filed to prove that a tear, puncture, and
penetration of the penis was present to constitute rape as charged against the respondent
● Birth Certificate of Olivia Marco, 12 years old (Exhibit B) - filed to prove the minority of
the victim as it bears different weight than other regular cases of rape which involve a
person of legal age
● Police Blotter (Exhibit C) - filed to prove that a report alleging the commission of a crime
has been filed to proper authorities
● Certificate of Detention (July 2020) (Exhibit D) - filed to prove the standing of the
accused based on his behavior, morality, and delinquency as a member of society
● Witness Olivia Marco - (1) to narrate chronologically the events of the crime as alleged
(2) to prove that she is the victim in the crime of rape (3) to testify in the allegations of
rape; on how and when it was committed (4) identify the accused in this case; and (5) to
testify on other related matters

EVIDENCE AND PURPOSE OF THE DEFENSE

● No proposal
● No documentary exhibits
● Witness Dioma Durante y Doe - (1) to prove that he did not commit the crime of rape,
and (2) testify on the allegations of the defense’s counter-affidavit and other related
matters

ADDITIONAL EVIDENCE AND PURPOSE

For the Prosecution:

● Expert witnesses such as Psychiatrist to assess the behavior and post-trauma
manifestations of the victim from the incident. It shall help to aid the substance of the
documentary evidence filed by the prosecution to support the burden of proof of the
private complainant.
● Testimony of the mother of the Private Complainant to substantiate the fact established
by the victim that the purpose of her residing in the home of her grandmother was due to
the absence of the mother due to work-related situations.
● Testimony of the Common-Law Wife of the Respondent as regards the behavior of both
the complainant and respondent.
Group 2 (Barcillano, Rellora, Turallo, and Villanueva)
JD1A

● Testimony of the pedicab driver to support the fact established by the victim as to where
the crime of rape was committed.
● Electronic Communication - Text messages, emails, social media messages, or other
digital communication records may be used as evidence to establish the nature of the
relationship and to demonstrate that the sexual activity occurred.

For the Defense:

● For the defense of alibi to prosper, the accused must prove not only that he was at some
other place at the time of the commission of the crime but also that it was physically
impossible for him to be at the locus delicti or within its immediate vicinity.
● Witness Testimony- Statements from individuals who observed the relationship or were
aware of the circumstances can be crucial. This may include friends, family members,
teachers, or other individuals who can provide information about the relationship.