CASE STUDY 1

Version of the Private Complainant:

January 20, 2021

Natalie works at SM Manila as a sales lady. While waiting for her Daily Time
Card to be signed by her supervisor, Kenneth, a fellow employee working at the
perfume section of the SM Department Store, approached her to chat for a while.
This was the first time that Kenneth approached Natalie. Seeing how friendly he
was, Natalie talked to Kenneth for a while.

Considering that it was almost lunch, Kenneth asked Natalie if she would like to
go out to eat. Feeling hungry, Natalie agreed. While eating at Greenwhich Pizza,
the two had the following conversation:

Kenneth: Why are you working here as a sales lady? You are very pretty.
Natalie: (feeling flattered) Well, it’s the only one I can think of. Why do you ask?
Kenneth: If you want, I have a cousin who works at Okada, I can refer you to
him to work as a casino dealer.
Natalie: Really? That would be such a big help. Thanks.
Kenneth: Yes and the pay and tips are actually good. You can do better than
here.
Natalie: I am very interested. Can you help me apply?
Kenneth: Sure. Let’s exchange numbers and meet tomorrow.

After exchanging numbers, the two parted ways and went to their respective
sections in the mall. Later at around 9:00 PM, Natalie’s phone rang, which she
readily answered. At the other end, a man by the name of Jake and with a very
deep voice, asked if she was Natalie, to which she said yes. The following where
the conversation that they had with each other:

Jake: Hi Natalie, this is Jake, Kenneth’s cousin. He told me that you might be
interested in working at Okada.
Natalie: Yes. He told me that you might have a job for me as a casino dealer.
Jake: Yup. That job is open. Here is what I want you to do: Bring your biodata,
and money at least two thousand pesos for medical. Kenneth will meet you at
Okada Hotel in Room 508. He will tell you what to do next and I will also meet
you there in Room 508 for the interview.
Natalie: Ok, thanks, will do that.

January 21, 2021

The next day, Natalie received a call from Kenneth and said he will meet her at
the lobby of Okada. When Natalie arrived at the lobby at around 2:00 PM,
Kenneth arrived and accompanied Natalie to the elevator. When they arrived at
Room 508, Kenneth opened the door using a key card and told Natalie to wait
inside until Jake comes in.

Natalie sat at one of the chairs in the hotel room and tried to be comfortable
while waiting. Kenneth returned, locked the door of the hotel, and suddenly took
out a very long knife and pointed it at Natalie. Kenneth threatened Natalie by
saying his father is a retired captain in the Philippine National Police and if she
will not do everything that he wants, she and her family will be killed. Kenneth
then approached Natalie then ordered her to remove her clothing. Naked,
Kenneth then ordered Natalie to lie down on the bed, took Natalie’s phone and
then pressed the recorder. Kenneth then placed the phone on top of a table with
the camera pointing at the bed. With the knife pointed at her, Kenneth then
proceeded to open the zipper of his pants and have sexual intercourse with
Natalie.
After climaxing, Kenneth then fixed himself and ordered Natalie to take a bath.
Afraid and in tears, Natalie complied. While taking a bath, Kenneth threatened
Natalie that he will upload the video in facebook and kill her family if she will tell
anyone what happened to them.

When Natalie stepped out of the bathroom, she discovered that Kenneth was
already gone with her phone missing. Dressing, Natalie immediately went down,
took a cab and then went home.

January 25, 2021

Natalie went to the police station in Pasay City to file a complaint against
Kenneth. The Women’s Desk assisted Natalie in her statement and then
accompanied her to the Ospital ng Pasay for examination. Dr. Russell examined
Natalie and issued a medico legal report stating that although Natalie indeed had
sex with someone, it could not conclusively say that the sex was without consent.

January 26, 2021

Natalie posted in Tiktok a video clip showing her dancing and having fun.

January 28, 2021

An entrapment was conducted by the Pasay Police and they were able to arrest
Kenneth. Unfortunately, the phone was no longer in the possession of Kenneth.

January 30, 2021

An information was filed in court charging the Accused for the crime of Rape and
Robbery.

Version of the Accused

January 20, 2021

Natalie works at SM Manila as a sales lady. While waiting for her Daily Time
Card to be signed by her supervisor, Kenneth, a fellow employee working at the
perfume section of the SM Department Store, approached her to chat for a while.
Considering that it was almost lunch, Kenneth asked Natalie if she would like to
go out to eat. Feeling hungry, Natalie agreed. While eating at Greenwhich Pizza,
the two had the following conversation:

Kenneth: Why are you working here as a sales lady? You are very pretty.
Natalie: Well, it’s the only one I can think of. Why do you ask?
Kenneth: If you want, I have a cousin who works at Okada, I can refer you to
him to work as a casino dealer.
Natalie: Really? That would be such a big help. Thanks.
Kenneth: Yes and the pay and tips are actually good. You can do better there
than here.
Natalie: I am very interested. Can you help me apply?
Kenneth: Of course. But I must warn you, the work there is not actually very
clean.
Natalie: What do you mean?
Kenneth: Well, if a rich casino player finds you interesting, he might offer you
money and take you out.
Natalie: Pfft!!! That is not something new to me. I am already used to those kinds
of men

(Sensing that she is open to the idea, Kenneth pressed further)

Kenneth: Really? Are you sure?

Natalie: Yes, I don’t really care as long as I get paid.
Kenneth: What if something happens to us, would you be open to that idea?
Natalie: Hmm… well you aren’t bad looking. In fact, you look kinda cute. I
wouldn’t be against the idea. If you can help me with the job, then lets say it will
be my way of saying thanks.
Kenneth: Then that will really make me want to help you more. Let me call my
cousin now and see what he can do.

(Kenneth took out his phone and called a person with the name Jake)

Kenneth: My cousin said there is an opening in Okada and he can help you.
Would it be ok if he can have your number.
Natalie: Gladly. (Natalie gave her number)
Kenneth: Jake will call you tonight.

After exchanging numbers, the two parted ways and went to their respective
sections in the mall. Later at around 9:00 PM, Natalie’s phone rang, which she
readily answered. At the other end, a man by the name of Jake and with a very
deep voice, asked if she was Natalie, to which she said yes. The following where
the conversation that they had with each other:

Jake: Hi Natalie, this is Jake, Kenneth’s cousin. He told me that you might be
interested in working at Okada.
Natalie: Yes. He told me that you might have a job for me as a casino dealer.
Jake: Yup. That job is open. Here is what I want you to do: Bring your biodata,
and money at least two thousand pesos for medical. Kenneth will meet you at
Okada Hotel in Room 508. He will tell you what to do next and I will also meet
you there in Room 508 for the interview.
Natalie: Ok, thanks, will do that.

January 21, 2021

The next day, Natalie received a call from Kenneth and said he will meet her at
the lobby of Okada. When Natalie arrived at the lobby at around 2:00 PM,
Kenneth arrived and accompanied Natalie to the elevator. When they arrived at
Room 508, Kenneth opened the door using a key card and told Natalie to wait
inside until Jake comes in. After 30 minutes, Kenneth returned:

Kenneth: Jake wont be able to come as he is caught in some paper works in the
casino of Okada
Natalie: Oh. But what about the job.
Kenneth: I already gave your biodata, and the two thousand pesos. Jake says
you got the job. You can report tomorrow and later have the medical.
Natalie: Wow really. Thanks so much.
Kenneth: Hey, its no big deal.

Natalie then hugged Kenneth while thanking him profusely. After hugging,
Natalie kissed Kenneth passionately, and later proceeded to have sex with him.
After resting for a few hours, Kenneth told Natalie that he had to go as it was
already late at night but Natalie can still stay considering that the room was
already paid for until tomorrow. When Natalie asked how the room was already
paid, Kenneth said he got a discount because of Jake.

January 26, 2021

Kenneth received a text message from the barangay that his relief goods for
COVID is already available, and he can picked it up.

When Kenneth arrived at the Barangay Center, that was the time the police came
and suddenly arrested him. The police brought him to the station, and while
there the police threatened him that if he will not admit the crime of rape and
robbery, he will be also accused of doing drugs. Kenneth was already crying by
this time and insisting that he is innocent.

CASE NO. 2

Version of the Prosecution

Pedro, a resident of Pasay City, went to the police station to file a Complaint
against Juan, a resident of Manila, for not delivering to him a supposed Amorsolo
painting despite his deposit to his account via online bank transfer of the agreed
upon P100,000.00 purchase price. Pedro narrated that he belonged to an online
art group in Facebook, Pinoy Paintings Online (PPL), where paintings were
displayed for sale. When Pedro opened the PPL FB page, he came across a
Amorsolo painting entitled “Dos Marias, Dos Corazon” posted by Juan, with an
asking price of P300,000.00. Pedro directly contacted Juan via messenger until
they agreed to the purchase price of P100,000.00. He promised to deliver the
painting to his residence after the said payment was made. After he finished
depositing the amount to his BDO account via online transfer, he sent him a
copy of the proof of payment. He acknowledged receipt of the payment and told
him to expect him in the afternoon.

Juan did not show up much less deliver the painting on said date and after
several follow up messages and promises from him in reply, he suddenly
stopped answering his messages and exited the PPL group.

To support his Complaint, Pedro submitted the following to the police station –
1. Complaint Affidavit narrating what happened
2. Screenshot of the FB page of Pinoy Paintings Online (PPL);
3. Screenshot of the Malang painting advertised for sale in PPL, showing Juan
as the one who posted it;
4. Screenshots of his several messenger chats with Juan;
5. Screenshot of proof of his online bank transfer of P100,000.00 from her BPI
6. Savings Account to the BDO Savings Account of Juan;
7. Screenshot of AOL members as of July 10, 2022 showing that Juan is no
longer a member;
8. Letter request for BDO to
a. Show/confirm online deposit of P100,000.00 made on June 12, 2022 to
the Savings Account of Juan from Pedro’s BPI Savings Account; and
b. Provide the latest address of Pedro

Version of the Accused

Juan is a resident of Makati City and is in the business of selling paintings of

famous Filipino painters. To promote his business as an art dealer, Juan joined
Pinoy Paintings Online (PPL). One day, Pedro messaged Juan that the former is
interested in buying an Amorsolo painting he posted. Several messages were sent
back and forth until they finally agreed on the price. Unfortunately, after
agreeing on the price, Juan got sick with COVID requiring him to be hospitalized
for a month and his FB account got hacked.

After recovering, he learned that a case was filed against him for reneging on the
sale of the Amorsolo painting.

As proof of his innocence, Juan provided the following documents:

1. Confinement in the hospital due to COVID
2. A letter from Mark Zuckerberg attesting the fact that Juan’s account in FB
was hacked
3. Affidavit of Juan narrating the event
4. An Affidavit to the police stating that the Amorsolo painting was stolen from
his house during his confinement

CASE NO. 3

Shelly and Mario were childhood sweethearts. The two got married and had a
child, Matthew, shortly thereafter. Their marriage quickly soured when Shelly
discovered Bernard's extramarital affair with a colleague, Lucy. Mario left
Shelly and Matthew without so much as an explanation. He currently lives with
Lucy, with whom he has a daughter, 3-year old Sunshine. He nonetheless
provides monthly financial support of P8,500.00 for Matthew. This was
increased to P10,500.00. Shelly feels that the monthly financial support from
Mario is not enough to meet the needs of their growing son. She wants it
increased to P15,000 per month. She also asked Mario to pay for the school
expenses of Matthew, includingtheP61,350.00 tuition fee. Mario refused,
insisting that the amount was excessive and unreasonable.

SHELLY’S allegations

Mario has the capacity to meet her demands. Mario receives a basic monthly
salary of P80,000.00 as branch manager at Metropolitan Bank and Trust
Company. On top of his basic income, he receives hefty bonuses and
allowances. Aside from the inadequate monthly financial support, Mario has
neglected his obligations as a father – e.g. did not attend any of the parents-
teacher meeting and refused to have his name written in his son school’s
information sheet, saying that he would not be able to attend school gatherings
anyway. When Shelly discovered that Mario and his paramour had publicized
their relationship on social media, she suffered emotional distress, forcing her
to seek professional help and was diagnosed with dysthymia. Corresponding
evidence and corroborative witnesses were also presented by Aida.

BERNARD’S allegations

In his Judicial Affidavit, Mario denied Aida's accusations of abandonment, and

financial and emotional neglect. He alleged that their relationship fell apart due
to Aida's immaturity, extreme attachment to her parents, and her being a
chronic gambler; that Shelly is a temperamental and paranoid woman who had
an "obsessive pursuit for material security"; that he never neglected his
obligations as a father; that he regularly checks on Matthew and asks if he
could visit him, but Shelly forbade Mario from seeing their son; that financial
support is regularly provided to Matthew, including the procurement of a
medical card and educational plan for Matthew; that there is no legal basis to
compel his employer to allocate one-third of everything that he receives,
including allowances, as support for Matthew; that his net monthly income is
not enough for his personal expenses and existing financial obligations with
Lucy and Sunshine; that Shelly is jointly bound to support their son and she
should share in the expenses; that a 2019 statistics shows that a family of
five's average monthly expenses amounted to P56,833.33 only and, thus, the
amount of P10,500.00 per month is sufficient to meet the needs of a seven-
year-old. He divulged that there is a pending petition for declaration of nullity
of their marriage filed by Bernard.