PEOPLE OF THE PHILIPPINES

VS ROMEO JALOSJOS SR.

PEOPLE INVOLVED IN THIS CASE

Romeo Jalosjos Sr. – Accused-Appellant

Maria Rosilyn Delantar - Plaintiff-Appellee
Simplicio Delantar – Fore father of Rosilyn Delantar
Dominador Jun Jalosjos – brother of Romeo Jalosjos
 STORY OF THE CASE

Rosilyn first met accused-appellant, Romeo Jalosjos, sometime in February

1996 at his office located near Robinsons Galleria. Rosilyn and Simplicio were
brought there and introduced by a talent manager by the name of Eduardo Suarez.
Accused-appellant promised to help Rosilyn become an actress. When he saw
Rosilyn, accused-appellant asked how old she was. Simplicio answered, 10. She is
going to be 11 on May 11. Accused-appellant inquired if Rosilyn knows how to sing.
Simplicio told Rosilyn to sing, so she sang the song, Tell Me You Love Me. Accused-
appellant then asked if Rosilyn has nice legs and then raised her skirt up to the
mid-thighs. He asked if she was already menstruating, and Simplicio said yes.
Accused-appellant further inquired if Rosilyn already had breasts. When nobody
answered, accused-appellant cupped Rosilyns left breast. Thereafter, accused-
appellant assured them that he would help Rosilyn become an actress as he was
one of the producers of the TV programs, Valiente and Eat Bulaga.
Simplicio and Suarez then discussed the execution of a contract for
Rosilyns movie career. Accused-appellant, on the other hand, said that he
would adopt Rosilyn and that the latter would have to live with him in his
condominium at the Ritz Towers. Before Simplicio and Rosilyn went
home, accused-appellant gave Rosilyn P2,000.00.

The second time Rosilyn met accused-appellant was at his condominium

unit, located at Room 1702, Ritz Towers, Makati City. Accused-appellant
and Simplicio discussed the contract and his plan to finance Rosilyns
studies. Accused-appellant gave Simplicio P500.00, thereafter, Rosilyn,
Shandro and Simplicio left.

The third meeting between Rosilyn and accused-appellant was also at

Ritz Towers to discuss her acting career. Accused-appellant referred the
preparation of Rosilyns contract to his lawyer, who was also present.
After the meeting, Simplicio and Rosilyn left. As they were walking
towards the elevator, accused-appellant approached them and gave
Rosilyn P3,000.00.
On June 14, 1996, at about 8:30 to 9:00 p.m., Simplicio and Rosilyn returned to accused-
appellants condominium unit at Ritz Towers. When accused-appellant came out of his
bedroom, Simplicio told Rosilyn to go inside the bedroom, while he and accused-appellant
stayed outside. After a while, accused-appellant entered the bedroom and found Rosilyn
watching television. He walked towards Rosilyn and kissed her on the lips, then left the room
again. Simplicio came in and bid her goodbye. Rosilyn told Simplicio that accused-appellant
kissed her to which Simplicio replied, Halik lang naman.

Rosilyn was left alone in the bedroom watching television. After some time, accused-
appellant came in and entered the bathroom. He came out clad in a long white T-shirt on
which was printed the word, Dakak. In his hand was a plain white T-shirt. Accused-appellant
told Rosilyn that he wanted to change her clothes. Rosilyn protested and told accused-
appellant that she can do it herself, but accused-appellant answered, Daddy mo naman ako.
Accused-appellant then took off Rosilyns blouse and skirt. When he was about to take off her
panties, Rosilyn said, Huwag po. Again, accused-appellant told her, After all, I am your
Daddy. Accused-appellant then removed her panties and dressed her with the long white T-
shirt.

The two of them watched television in bed. After sometime, accused-appellant turned off
the lamp and the television. He turned to Rosilyn and kissed her lips. He then raised her
shirt, touched her breasts and inserted his finger into her vagina. Rosilyn felt pain and cried
out, Tama na po. Accused-appellant stopped. He continued to kiss her lips and fondle her
breasts. Later, accused-appellant told Rosilyn to sleep.
The following morning, Rosilyn was awakened by accused-appellant whom she found bent over and
kissing her. He told her to get up, took her hand and led her to the bathroom. He removed Rosilyns
shirt and gave her a bath. While accused-appellant rubbed soap all over Rosilyns body, he caressed
her breasts and inserted his finger into her vagina. After that, he rinsed her body, dried her with a
towel and applied lotion on her arms and legs. Then, he dried her hair and told her to dress up.
Rosilyn put on her clothes and went out of the bathroom, while accused-appellant took a shower.

Accused-appellant ate breakfast while Rosilyn stayed in the bedroom watching television. When
accused-appellant entered the room, he knelt in front of her, removed her panties and placed her
legs on his shoulders. Then, he placed his tongue on her vagina. Thereafter, he gave Rosilyn
P10,000.00 and told his housemaid to take her shopping at Shoemart. When she returned to the
Ritz Towers, Simplicio was waiting for her. The two of them went home. Rosilyn narrated to
Simplicio what accused-appellant did to her, and pleaded for him not to bring her back to the Ritz
Towers. Simplicio told her that everything was alright as long as accused-appellant does not have
sexual intercourse with her.

That same evening, at around 9:00 to 9:30 in the evening, Simplicio again brought Rosilyn to the
Ritz Towers. After Simplicio left, accused-appellant removed Rosilyns clothes and dressed her with
the same long T-shirt. They watched television for a while, then accused-appellant sat beside
Rosilyn and kissed her on the lips. He made Rosilyn lie down, lifted her shirt above her breasts, and
inserted his finger into her vagina. Then, accused-appellant removed his own clothes, placed his
penis between Rosilyns thighs and made thrusting motions until he ejaculated on her thighs.
Thereafter, accused-appellant kissed her and told her to sleep.
The next day, June 16, 1996, accused-appellant roused her from sleep and bathed her. Again,
he rubbed soap all over her body, washed her hair, and thereafter rinsed her body and dried
her hair. While accused-appellant was bathing Rosilyn, he asked her to fondle his penis while he
caressed her breasts and inserted his finger into her vagina. After their shower, accused-
appellant ate breakfast. He gave Rosilyn P5,000.00 and told her to just wait for Simplicio in the
condominium unit. On their way home, Simplicio told Rosilyn that if accused-appellant tries to
insert his penis into her vagina, she should refuse.

At around 8:00 p.m. of June 18, 1996, Simplicio brought Rosilyn to the Ritz Towers. They found
accused-appellant sitting on the bed in his bedroom. Simplicio told Rosilyn to approach
accused-appellant, then he left. Accused-appellant took off Rosilyns clothes and dressed her
with a long T-shirt on which was printed a picture of accused-appellant and a woman, with the
caption, Cong. Jalosjos with his Toy. They watched television for a while, then accused-
appellant lay beside Rosilyn and kissed her on the lips. He raised her shirt and parted her legs.
He positioned himself between the spread legs of Rosilyn, took off his own shirt, held his penis,
and poked and pressed the same against Rosilyns vagina. This caused Rosilyn pain inside her sex
organ. Thereafter, accused-appellant fondled her breasts and told her to sleep.

When Rosilyn woke up the following morning, June 19, 1996, accused-appellant was no longer
around but she found P5,000.00 on the table. Earlier that morning, she had felt somebody
touching her private parts but she was still too sleepy to find out who it was. Rosilyn took a
bath, then went off to school with Simplicio, who arrived to fetch her.
The next encounter of Rosilyn with accused-appellant was on June 21, 1996, at about 9:00 oclock
in the evening in his bedroom at the Ritz Towers. Accused-appellant stripped her naked and
again put on her the long shirt he wanted her to wear. After watching television for a while,
accused-appellant knelt beside Rosilyn, raised her shirt, caressed her breasts and inserted his
finger into her vagina. Then, he clipped his penis between Rosilyns thighs, and made thrusting
motions until he ejaculated. Thereafter, Rosilyn went to sleep.

The next day, June 22, 1996, Rosilyn was awakened by accused-appellant who was kissing her
and fondling her sex organ. She, however, ignored him and went back to sleep. When she woke
up, she found the P5,000.00 which accused-appellant left and gave the same to Simplicio
Delantar, when the latter came to pick her up.

On June 29, 1996, Rosilyn again went to the Ritz Towers. During that visit, accused-appellant
took photographs of Rosilyn. He asked her to pose with her T-shirt pulled down thereby exposing
her breasts. He also took her photographs with her T-shirt rolled up to the pelvis but without
showing her pubis, and finally, while straddled on a chair facing the backrest, showing her legs.

Before Rosilyn went to sleep, accused-appellant kissed her lips, fondled her breasts and inserted
his finger into her vagina. The following morning, she woke up and found the P5,000.00 left by
accused-appellant on the table. She recalled that earlier that morning, she felt somebody
caressing her breasts and sex organ.
On July 2, 1996 at 7:00 p.m., Rosilyn and Simplicio returned to the Ritz Towers. Rosilyn had to
wait for accused-appellant, who arrived between 12:00 to 1:00 a.m. He again dressed her with
the long white shirt similar to what he was wearing. While sitting on the bed, accused-appellant
kissed her lips and inserted his tongue into her mouth. He then fondled her breasts and inserted
his finger into her vagina, causing her to cry in pain. Accused-appellant stopped and told her to
sleep.

The next morning, accused-appellant bathed her again. While he soaped her body, he fondled
her breasts and inserted his finger in her vagina. Rosilyn felt pain and shoved his hand away.
After bathing her, accused-appellant had breakfast. Before he left, he gave Rosilyn P5,000.00.
As soon as Simplicio arrived, Rosilyn gave her the money and then they left for school.

On July 20, 1996, Simplicio again brought Rosilyn to the Ritz Towers. Accused-appellant was
waiting in his bedroom. He took off Rosilyns clothes, including her panties, and dressed her with
a long T-shirt similar to what he was wearing. After watching television, accused-appellant
kissed Rosilyn on the lips, inserted his tongue in her mouth and fondled her breasts. Then, he
made Rosilyn lie on the bed, spread her legs apart and placed a pillow under her back. He
inserted his finger in her vagina and mounted himself between her legs with his hands rested on
her sides. After that, he lifted his shirt, then pointed and pressed his penis against her vagina.
Accused-appellant made thrusting motions, which caused Rosilyn pain. Thereafter, accused-
appellant told her to sleep.
In the early morning of July 21, 1996, Rosilyn felt somebody touching her sex organ, but she did
not wake up. When she woke up later, she found P5,000.00 on the table, and she gave this to
Simplicio when he came to fetch her.

On August 15, 1996, Rosilyn and Simplicio went to the Ritz Towers at around 7:00 p.m. Accused-
appellant was about to leave, so he told them to come back later that evening. The two did not
return.

The following day, Rosilyn ran away from home with the help of Yamie Estreta, one of their
boarders. Yamie accompanied Rosilyn to the Pasay City Police, where she executed a sworn
statement against Simplicio Delantar. Rosilyn was thereafter taken to the custody of the
Department of Social Welfare and Development (DSWD). The National Bureau of Investigation
(NBI) conducted an investigation, which eventually led to the filing of criminal charges against
accused-appellant.
The final decision:
the Decision of the Regional Trial Court of Makati, Branch 62, in Criminal
Case Nos. 96-1985 and 96-1986 finding accused-appellant Romeo Jalosjos
guilty beyond reasonable doubt of two counts of statutory rape, and
sentencing him to suffer the penalty of reclusion perpetua for each count, is
AFFIRMED. Likewise, the appealed Decision of the Regional Trial Court of
Makati, Branch 62 in Criminal Case Nos. 96-1987, 96-1988, 96-1989, 96-1990,
96-1992, and 96-1993, finding accused-appellant guilty beyond reasonable
doubt of acts of lasciviousness in six counts, is AFFIRMED with
MODIFICATIONS. As modified, accused-appellant is sentenced to suffer, for
each count of acts of lasciviousness, the indeterminate penalty of twelve
years (12) and one (1) day of reclusion temporal, as minimum, to fifteen (15)
years, six (6) months and twenty (20) days of reclusion temporal as
maximum. Further, accused-appellant is ordered to pay the victim, Ma.
Rosilyn Delantar, the additional amount of P50,000.00 as civil indemnity for
each count of statutory rape and acts of lasciviousness. Finally, the award of
moral damages for each count of acts of lasciviousness is increased to
P50,000.00.
 EVIDENCES IN THIS CASE

On August 23, 1996, Rosilyn was examined by Dr. Emmanuel L. Aranas at Camp Crame. The examination
yielded the following results:
EXTERNAL AND EXTRAGENITAL
Fairly developed, fairly nourished and coherent female subject. Breasts are conical with pinkish brown
areola and nipples from which no secretions could be pressed out. Abdomen is flat and soft
GENITAL
There is moderate growth of pubic hair. Labia majora are full, convex and coaptated with the pinkish
brown labia minora presenting in between. On separating the same disclosed an elastic, fleshy type
hymen, with shallow healed laceration at 3 o'clock position and deep healed laceration at 8 o'clock
position. External vaginal orifice offers moderate resistance to the introduction of the examining index
finger and the virgin sized vaginal speculum. Vaginal canal is narrow with prominent rugosities. Cervix is
firm and closed.
CONCLUSION:
Subject is in non-virgin state physically.
The incident on June 18, 1996 was described by Rosilyn as follows:
PROS. ZUNO:
Q. And, after kissing your lips; after kissing you in your lips, what else
did he do?
A. After that, he was lifting my shirt.
Q. Now, while he was lifting your shirt, what was your position; will you
tell the court?
A. I was lying, sir.
Q. Lying on what?
A. On the bed, sir.
Q. And, after lifting your shirt, what else did he do?
A. He spread my legs sir.
Q. And, after spreading your legs apart; what did he do?
A. After that, he lifted his shirt and held his penis.
Q. And while he was holding his penis; what did he do?
A. He pressed it in my vagina.
ATTY. FERNANDEZ:
May we request that the vernacular be used?
A. Tapos po, idinikit-dikit po niya yong ari niya sa ari ko.
PROS. ZUNO:
May I respectfully move that the word:
idinikit-dikit niya ang ari niya sa ari ko, be
incorporated?
Q. And while he was doing that; according
to you, idinikit-dikit niya ang ari niya sa ari
mo; what did you feel?
A. I was afraid and then, I cried.
Q. Will you tell the Court why you felt
afraid and why you cried?
A. Because I was afraid he might insert his
penis into my vagina.
Q. And, for how long did Congressman
Jalosjos perform that act, which according
to you, idinikit-dikit niya yong ari niya sa
ari ko?
COURT:
Place the Tagalog words, into the records.
A. Sandali lang po yon.
Q. What part of your vagina, or ari was being touched by the ari or penis?
xxx
Q. You said that you felt I withdraw that question. How did you know that
Congressman Jalosjos was doing, idinikit-dikit niya yung ari niya sa ari ko?
A. Because I could feel it, sir.
Q. Now, you said you could feel it. What part of the vagina in what part of your vagina
was Congressman Jalosjos, according to you, idinikit-dikit niya yong ari niya sa ari mo?
A. In front of my vagina, sir.
Q. In front of your vagina? O.K.; will you tell the Court the position?
Will you describe the position of Congressman Jalosjos when he was doing that.
Idinikit-dikit niya sa ari ko?
A. Ide-demonstrate ko po ba?
FISCAL ZUNO:
Q. Can you demonstrate?
xxx
A. He was holding me like this with his one hand; and was holding his penis while his
other hand, or his free hand was on the bed.
PROS. ZUNO:
Now, according to you, you dont know how to say it; or what was done to you.
Now, will you tell the Court how can you describe what was done to you?
A. After he dinikit-dikit niya yong ari niya sa ari ko; itinutok naman niya ito.
Q. O.K. you said itinutok niya ito; what else did he do?
PROS. ZUNO:
She is now trying to describe.
COURT:
Translate.
A. He seems to be parang idinidiin po niya.
Q. Now, what did you feel, when according to you; as I would quote: parang
idinidiin niya?
A. Masakit po.
Q. And, just to make it clear in Tagalog: Ano itong idinidiin niya?
COURT:
Q. Sabi mo itinutok. Nakita mo bang itinutok?
A. I saw him na nakaganuon po sa ano niya.
PROS. ZUNO:
Q. O.K., clarify. You said nakaganuon siya what do you mean by
nakaganuon siya?
A. He was holding his penis, and then, that was the one which he itinutok
sa ari ko.
PROS. ZUNO:
Q. And, when you said idinidiin po niya; to which you are referring? What is
this idinidiin niya?
A. Idinidiin niya ang ari niya sa ari ko.
Q. And what did you feel when you said: he was idinidiin niya ang ari niya
sa ari ko?
A. Masakit po.
COURT:
The answer is masakit po.
Proceed.
PROS. ZUNO:
Q. Where did you feel the pain?
A. Inside my ari po. (Sa loob po ng ari ko.)
PROS. ZUNO:
Q. And then, after that, what else did he do
A. After that, he touched my breast, sir.
Q. And, after touching your breast, what did he do?
A. And after that I felt that he was (witness demonstrating to
the court, with her index finger, rubbing against her open left
palm)
Q. And after doing that, what else did he do?
A. After that, he instructed me to go to sleep.
xxx
A. I put down my clothes and then, I cried myself to sleep, sir.
Q. Why did you cry? Will you tell the court, why did you cried
after putting down your clothes?
A. Because I felt pity for myself.
(Naaawa po ako sa sarili ko.)
 RELATED LAWS
Republic Act No. 7610
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
-Article III, Section 5 of Republic Act No. 7610, states:
Child Prostitution and other Sexual Abuse. - Children, whether male or female, who for money or profit, or
any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct are deemed to be children exploited in prostitution and other sexual abuse.
The crime of rape shall be punished by reclusion temporal.
Lascivious conduct is defined under Article XIII, Section 32 of the Implementing Rules and Regulation of R.A.
7610, as follows:
[T]he intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner
thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether
of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the
sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a
person.
 RELATED LAWS
-Statutory rape was penalized under Section 11 of R.A. 7659, which amended Article
335 of the Revised Penal Code, to wit:
When and how rape is committed. --- Rape is committed by having carnal knowledge of
a woman under any of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age or is demented.
The crime of rape shall be punished by reclusion perpetua.
-As to accused-appellant's civil liability, the amount of moral damages awarded by the
trial court for each count of acts of lasciviousness under Section 5 (b) of R.A. 7610
should be increased from P20,000.00 to P50,000.00. 50 On the other hand, the award
of the amount of P50,000.00 as moral damages for each count of statutory rape was
correct.
 TERMINOLOGIES
1. Reclusion Perpetua- life imprisonment. It entails imprisonment of at least 20 years and one day to a
maximum of 40 years.
2. Reclusion Temporal- The penalty of reclusion temporal shall be from twelve years and one day to twenty
years.
3. falsus in uno falsus in omnibus -false in part, false in everything
4. Lascivious act- the act of making a physical contact with the body of another person for the purpose of
obtaining sexual gratification.
5. Rape- unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury
against a person's will.
6. Prima facie- is a legal claim that has sufficient evidence to proceed to trial or judgment.
7. Pudendum or vulva- refers to the external female genitalia.
8. Mons pubis- is a tissue mound made up of fat located directly anterior to the pubic bones.
9. Labia majora- outer liplike folds of the vulva on either side of the vagina.
10. Labia minora- are paired folds of smooth tissue underlying the labia majora.
 RELATED THEORY

Containment Theory

-The forces within and outside the individual

that has the power to influence his action.