Republic of the Philippines DEPARTMENT OF JUSTICE OFFICE OF THE CITY PROSECUTOR City of Iloilo

ASSOCIATE PROSECUTOR MARY LOUISE S. VILLEGAS, Complainant, -versus-

I.S. NO: 67890

FOR: RAPE (under Article 335 paragraphs 1 and 2 of the Revised Penal Code in relation to Sec.5 (a) of R.A. 8369 committed against R.A. 8353) CARLO JINEZ, Respondent. x-------------------------------------------------------------------------------------------x RESOLUTION The Respondent, CARLO JINEZ was charged of the crime of RAPE in a complaint originally filed by the offended party, MARIE JUANA LOPEZ. In support of her complaint, the herein complainant attached the following documents: 1. Sworn Statement of Marie Juana Lopez 2. Medical Certificate of Marie Juana Lopez 3. Extract of Police Blotter Based on the investigation conducted by the Senior Police Inspector, SPO2 BEBE GANDA, the facts of the case are stated hereunder: On 28 January 2012, the offended party, Marie Juana Lopez, invited her students to her apartment to discuss new issues on Research. On about 10 oclock in the evening on the same day the students asked permission to
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go home. However, Ms. Lopez invited over the Respondent, Carlo Jinez, and Julia Aro to stay. Carlo and Julia stayed overnight. After the other students left, Ms. Lopez took a bottle of wine from the cabinet and invited her students to drink. The three drank while working; they were able to consume 2 (two) bottles of wine. At about one oclock in the morning when they finished drinking 2 (two) bottles of wine (with Ms. Lopez consuming approximately 1 bottle), the complainant and Julia Aro dozed off in the sofa. At approximately 2 oclock in the morning, the respondent assisted Ms. Lopez to transfer to her bed where it is more comfortable. At approximately 4 oclock, she felt someone removing her clothes and that she cannot move her hands. When she opened her eyes, she saw the respondent naked and on top of her. The respondent by means of force, willfully and unlawfully, and feloniously did lie, and succeeded in having carnal knowledge of the said Marie Juana Lopez who was then under the influence of alcoholic beverage. Ms. Lopez observed that her monthly visitor did not show up for the months of February, March and April. She bought a pregnancy kit and discovered that she was pregnant. Thus, on May 11, 2012, she went to the Women and Children Protection Desk of Police Precinct No. 2 of Iloilo City where a Police Blotter was done. She was subjected to a Medico-Legal Examination at Western Visayas Medical Center located at Q. Abeto Street, Mandurriao, Iloilo. The Final a Medico-Legal Examination revealed the following remarkable results: 1. (+) complete old healed hymenal laceration @ 3 oclock position; 2. Medical evaluation shows definite evidence of sexual abuse; and 3. G1P0 Pregnancy Uterine 14 weeks AOG. A subsequent sworn statement was executed by the offended party Marie Juana Lopez on May 15, 2012 in answer to the questions propounded by SPO2 Mary Louise S. Villegas, Women and Children Protection Desk Investigator, Police Precint No. 2, Iloilo City at about 10:30 in the morning, done in dialect and translated in english in the presence of PO1 Ana Yan, Asst. WCPD, DNCO. As for the respondent, in his counter-affidavit, he vehemently denied all the accusations against him. He alleged among others his low alcohol tolerance, thus he cannot possibly have forced her. He admitted that
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something happened between him and the complainant, but they did it as a purely consensual act. Analyses/ Findings and Recommendations Article 355 of the Revised Penal Code specifically states: Art. 335. 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, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present. The crime of rape shall be punished by reclusion perpetua. Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death. When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death. When rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be likewise death. When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death. The facts of the case before us squarely fall under the crime of RAPE committed under Paragraphs 1 and 2 of the Revised Penal Code of the Philippines as amended by R.A. 8353. Respondent defense of denial cannot prevail in this instant case. It would be highly improbable for a virtuous woman like Ms. Lopez, a college
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professor, to fabricate a charge so humiliating to herself, had she not been truly subjected to the pain and traumatic experience of sexual abuse. In People v. Estoya (G.R. No. 153538, May 19, 2004), the Court laid down the jurisprudential guidelines in assessing the proffered defense of denial and alibi. Particularly: Jurisprudential rules and precepts guide this Court in assessing the proffered defense. One, alibis and denials are generally disfavored by the courts for being weak. Two, they cannot prevail over the positive identification of the accused as the perpetrators of the crime. Three, for alibi to prosper, the accused must prove not only that they were somewhere else when the crime was committed, but also that it was physically impossible for them to be at the scene of the crime at the time of its commission. Fourth, alibi assumes significance or strength only when it is amply corroborated by credible and disinterested witnesses. Fifth, alibi is an issue of fact that hinges on the credibility of witnesses, and the assessment made by the trial court unless patently and clearly inconsistent must be accepted. (Emphasis supplied.) Measured against the foregoing yardstick, accused-appellants defenses of alibi and denial cannot prosper. As mentioned above, alibis and denials are inherently weak defenses. This is understandably so because said defenses can be easily fabricated by an accused in order to escape criminal liability. Likewise, it was stated in Estoya that alibi and denial cannot prevail over the positive identification of the accused as the perpetrator of the crime. Notably, these defenses crumble in light of positive identification by truthful witnesses. A denial is negative evidence. To be believed, it must be buttressed by strong evidence of non-culpability; otherwise, the denial is purely selfserving and has no evidentiary value. (Perez vs Philippines, G.R. No. 187246, July 20, 2011) CARLO JINEZ failed to persuade the Investigating Prosecutor that the incident was between two consenting adults. He failed to support his
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defense of denial with strong evidence of non-culpability. His defense failed to overcome the positive testimony of the complainant. Hence, the defense of denial by CARLO must fail. WHEREFORE, IN VIEW OF THE FOREGOING, it is most respectfully recommended that an INFORMATION for the crime of RAPE be filed against the respondent CARLO JINEZ. Iloilo City, June 20, 2012.

MARY LOUISE S. VILLEGAS Associate Prosecutor ATTORNEY II

APPROVED BY: CHOCO TOPPS Chief City Prosecutor Copy Furnished: (1) Carlo Jinez- Brgy. Butong,Oton Iloilo