Memorandum Criminal Case No. 67890 People vs.

Carlo Giez y Pama

BRIEF STATEMENT OF FACTS AND THE CASE It is undisputed that on January 28, 2012, the private complainant invited her students to her rented apartment at 78 Delgado St., Iloilo City to discuss some ne as part o! her usual academic practice. It is li"e ise su#mitted and agreed #y the parties as a !act that at a#out 10 in the evening, the students decided to go home hile Julia $ro and the accused Carlo %i&e' ere le!t to stay !or methods in research

the night. It is ho ever disputed #y the private complainant the alleged !act set up #y the de!ense that the !ormer has propounded a great in!luence stay. It has #een agreed in the case the !act that ith the research hile continuing hich !orced the t o students to

or" at the study( or"ing ta#le, private

complainant approached and came to ards $ro and the accused ith a #ottle o! ine, started pouring ine into glasses and

o!!ered to the latter. It has #een li"e ise !irmly esta#lished that the drin"ing session as initiated #y the private complainant started at passed 10pm and ended on or a#out 1 in the morning o! January 2), 2012. It has #een argued #y the private complainant that ho ever that she cannot su#mit to the allegation #y the de!ense that she as primarily instrumental in

ma"ing i! not o#liging the accused to drin".

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Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

It

as clearly esta#lished in the case that at a#out + in the o"e up na"ed and

morning o! January 2), 2012, the accused

already on the #ed inside the room o! private complainant. ,herea!ter, he dressed up and immediately tapped private complainant to see" !or an e-planation. ,he latter rose !rom #ed, em#raced and uttered to the accused, Youve go marry me or else!". ,he accused as shoc"ed a#out hat he heard !rom the

private complainant. .e pushed her a ay and then le!t the apartment. /hat transpired #et een 1 and + in the morning hich is the e-istence o! the crime o! rape is the very issue o! the case. PROCEDURAL BACKGROUND ,hat a criminal complaint !or 0ape dated 1ay 20, 2012, !iled #y the *2* Iloilo City against the accused as

ith the City

*rosecutor and in a 0esolution dated $ugust 3, 2013, the investigating prosecutor City *rosecutor $pril Joy 4rtilano

recommended the !iling in!ormation !or 0ape. 4n $ugust 31, 2013, during the arraignment and pre5trial, the accused entered the plea o! not guilty. ,hat a!ter #oth the de!ense and the prosecution had duly presented their testimonial evidence6 the court ordered #oth parties to su#mit their memorandum. ISSUES ,he issues to #e resolved are as !ollo s7
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Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

1. /hether or not there is a crime o! rape committed 2. /hether or not accused Carlo %ine' is guilty as charged.

DISCUSSION In the case o! #ierra $s. People% &9' #C() **&, the .onora#le Supreme Court has aptly declared that7 8In criminal case, the #urden o! proo! to esta#lish the guilt o! the accused !alls upon the prosecution hich has the duty to

prove all the essential elements o! the crime.---9 ,he a!orementioned principle is primarily #ased on the presumption o! innocence not only declared #y :urisprudence #ut #y the Constitution itsel! hich is the supreme la o! the land,

speci!ically, $rticle III, paragraph 2 o! the 1)87 Constitution e-plicitly provides that 8,he accused is presumed innocent until his guilt is proven #eyond iota o! dou#t.9 In *eople vs. 1alunda, 288 SC0$ 22;, it as reiterated that

8,he presumption o! innocence is !ounded upon su#stantive la and #asic principle o! :ustice6 it serves to #alance the scales o! :ustice in hat ould other ise #e an uneven contest #et een a hich

single individual accused o! a crime and the prosecution has all the resources o! the government at its command.9

$s stated in People vs. +arangan% &,- #C() &70, to secure conviction, the prosecution should there!ore the !ollo ing

elements must #e proved #eyond reasona#le dou#t7 1< that the

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Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

accused had carnal "no ledge o! the victim6 and 2< that said act as accomplished =a< through the use o! !orce or intimidation, or =#< hen the victim is deprived o! reason or other ise hen the victim is t elve years o! age or is

unconscious, or =c< demented.

It should #e noted that in proving the !irst a#ovementioned element, the prosecution should esta#lish the identity o! the accused as the direct, principal and undisputa#le perpetrator o! the crime. In the crime o! rape complainant and the accused here almost al ays, only the itness and have !irsthand

"no ledge o! the incident, it is improper !or the prosecution to present Julia $ro and >mma ?alde' to support the complainant@s claim and identi!y the accused as the very same person charged o! the crime o! rape. Aor clarity and emphasis, the pertinent portion o! the testimony o! Julia $ro on cross5e-amination is hereto reproduced as !ollo s, to it7 Considering that you started at a#out 10511 pm and pro#a#ly ho is

$tty7 ,am#a7

ended at a#out 1 am, and #y 2 am you o"e up to pee, are you

certain o! thatB /itness7 Ces

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Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

$tty. ,am#a7

/hen you got up, a a"e or

as 1s. Dope'

still asleepB

/itness7

She

as not in the so!a anymore so

I hurried up to the com!ort room #ut I sa room Carlo carrying her to the I decided to help

and

#ecause "ahuluya man to leave her in the so!a. It any ay so... E-$tty. ,am#a7 $nd ----as her apartment

hat time did you see Carlo

carrying 1s. Dope' againB /itness7 $!ter I got up, I sa around 2 also. $tty. ,am#a7 .o long did it ta"e you to carry him may#e

1s. Dope' in her roomB Judge Deloria7 Arom hat point in timeB Arom the o"e up or going to the

time she C0 or... $tty. ,am#a7 /itness7

$!ter going to the C0 sir. 1ay#e around 2 to 3 minutes. I tried to help Carlo #ecause he cannot al" straight. I o#served al" straight so I
*age 6 o! 22

that he cannot

Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

tried

to

assist.

$nd

hen

allo ed her to lie on her #ed, I ent #ac" immediately. $tty. ,am#a7 So hy did you go #ac"

immediately and not to go out o! the room. /itness7 I thought he

ait !or Carlo

as !ollo ing me

having the same goal o! laying our teacher #ac" to her #ed. I thought he not. E-$tty. ,am#a7 It --as only you ho sa --Carlo as !ollo ing me #ut he as

carrying 1s. Dope' to her room. Is that rightB /itness7 $tty. ,am#a7 It as only me.

Cou said you le!t 1s. Dope' and Carlo inside the #edroom ent #ac" to sleep. Cou and

o"e at ;

am, is that right 1s. /itnessB /itness7 $tty. ,am#a7 Ces. Do you mean to say then 1s. /itness that you did not see nor

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Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

hear the alleged a#use made to 1s. Dope' /itness7 2o. the itness< /hat is the

Judge Deloria7 =to

ans erB Did you see or notB /itness7 2o I did not see.

Judge Deloria7 Cou did not see. E-In the case o! Julia $ro ho stayed -----1

ith the accused on

the night o! January 28, 2012, not ithstanding such !act, she as not a#le to actually itness the accused commit the

crime o! rape against the private complainant. Fased on the records, Julia $ro@s statements only proved her and the accused@s presence in the private complainant@s

apartment !rom the night o! January 28, 2012 to the morning o! January 2), 2012 and nothing more. ,hese are not even de!initive o! any crime. $s regards >mma ?alde' ho testi!ied on cross

e-amination, the !ollo ing is the reproduction o! her testimony, to it7 E------

$tty. .iponia7 Cou said 1s. /itness that that morning you are going to pay your de#t rightB
1

,sn510(1)(13, pp. 8511

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Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

/itness7

$ctually, I

as supposed to pay her

the day #e!ore, ho ever, I have my shi!t eh and she arrives at around ;. I as not a#le to see her that

day so I thought to mysel! that I should pay her as soon as I got home. So on January 2), at a#out 3 am I ent directly to the room o! as a a"e

1s. Dope' to see i! she and it

as one. So I guess I have to

pay my de#t. $tty. .iponia7 /hy not /itness7 ait in the a!ternoonB

I@m sleeping in the morning, give me a rest. It is so e-hausting to or" ith such shi!t.

$tty. .iponia7 /hen you peeped, the hole is in the indo B /itness7 It as an opening li"e 10 inches hen you peepB oman. I "no

$tty. .iponia7 /hat did you see /itness7 I sa a man and a

1J@s structure is petite so I could actually recogni'e her !rom 8512 !eet ay. I sa a guy, o! course,

and they

ere together on the #ed

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Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

and the guy thought it

as on top and I

as a private thing going

on and so I :ust e-it mysel! a!ter !ive minutes o! loo"ing at it. I sa them doing and I sa $tty. .iponia7 .o /itness7 It hat normal adults do

1J...

long did you peepB really too" me a hile to

recogni'e 1J so I stayed there !or a#out ; minutes. $tty. .iponia7 Cou said there rightB /itness7 It as "ind o! yello , !or sleeping. as a dim light

$tty. .iponia7 .ave you actually seen the !ace o! the man Dope'B /itness7 2o, #ut I can only see the structure o! the guy. $tty. .iponia7 So you are not really !amiliar o! the guyB /itness7 2o. Fecause you "no , I@m not really interested in ho he is. I did ho as on top o! 1s.

not really !ocus on him rather I !ocused on i! it as 1J. I! there are

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Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

t o people room and it

ho

ould #arge in her

as not her.

$tty. .iponia7 So the t o persons that you are tal"ing a#out is 1s. Dope' and a guy you really do not "no B /itness7 Ces, I really did not see i! 1J na"ed #ut the guy E-$tty. .iponia7 Since you --as na"ed. --as

ere not a#le to see the

man@s !ace, it could there!ore #e any other manB /itness7 Ces. E->mma ?alde'@ conte-t ,he !irst one -----2

as even marred #y serious de!ects.

as a prima !acie !atal de!ect as the date stated in hen it actually

her :udicial a!!idavit a year o! a di!!erence to

happened. $ccording to >mma, she peeped in a hole in 1s Dope'@ apartment at a#out 3 am o! January 2), *0', seeing #oth the latter and man on top her na"ed in a pumping action. ,his statement as in itsel! under oath. ,he prosecution tried to evade

the e-clusion o! such testimony #y as"ing the court to consider it a typographical error. ,he de!ense succeeded in o#:ecting the correction o! hich since it ill #e an in:ustice to accused. In

criminal cases, dou#ts must #e construed in !avour o! the accused

2

I#id

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Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

and the matter concerned is no less than a material de!ect. Such as put into record. Fut even i! the >mma@s :udicial a!!idavit as allo ed to #e

corrected, the !urther averments could not save it !rom !utility. She speci!ically stated that despite the lamp that as turned on

and a!ter o#serving the se-ual intercourse !or !ive =;< minutes, she as not a#le to see the man@s !ace. 2o given the

surrounding circumstances

ith emphasis on the !act o! alcohol

inta"e in a su#stantial amount, one o! t o things seems to #e the most logical. ,he !irst is that since it ould #e impossi#le !or the

accused to engage in a physically e-hausting act a!ter having #lac"ed out and !allen dead asleep, the man on top o! 1s Dope' in the morning o! January 2), 2012 as seen #y >mma as not the

accused. ,he second is it could #e any other man on a di!!erent date. ,here!ore, #ased on the !oregoing premises, it is clear that Julia $ro and >mma ?alde' ho alleged to #e itness to the crime

o! rape, did not actually see the accused perpetuating the crime and i! indeed the crime ho the perpetrator as perpetuated, #oth are clueless on as. *ositive identi!ication is severely

tainted. Devoid o! any strength to prove the !actuality o! carnal "no ledge, it remains a mere accusation.

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Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

,hus, the prosecution misera#ly !ailed to identi!y the accused as the person responsi#le !or the crime and he cannot #e held lia#le. 4n the other hand, it is note orthy to discuss the e-istence o! the carnal "no ledge. $s discussed in the case o! People v. .omas .undag% G.(. Nos. ',&69&/96% '* 01 o2er *000% although the private complainant alleged her pregnancy in the stipulated !acts o! her complaint and thus !alsely accusing the accused o! raping her solely relying on !a#ricated averments, carnal

"no ledge it is never conclusive on the part o! the accused. It is li"e ise #aseless that the guilt is !ocused on the accused :ust #ecause he as the only man in the room according to the

private complainant in the cross e-amination. ,he credi#ility o! the rape victim is primordial to the conviction o! the accused, hich is constitutionally presumed to #e innocent o! the crime charged. $s stated in the case o! People v. Mendiguarin% No. 3/ -96'6% *0 )ugus '979% 9* #C() 679 hich has resolved a

similar case, the court should not #e precipitated in #elieving her tale nor should e :ust relinGuish to the trial court the tas" o! ay possi#le then to esta#lish

cali#rating her credi#ility. ,he only

a stronghold !or the prosecution is through positive identi!ication. $nd hile the accused as pointed in open court #y the private

complainant, the undisputed !act that they dran" a considera#le amount o! alcohol leads us to oppugn the positivity o! this
*age 13 o! 22

Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

identi!ication. Hpon perusal o! the records o! the case, ans er7 *ros. 4rtilano7 During this time, !eel that

e !ind the

hen you as

someone

assisting you, ho

ere you

!eeling that timeB /ere you totally conscious or not at allB Complainant7 I as not totally conscious.

*ros. 4rtilano7 Can you please !urther e-plain ho e-actly that happenedB Complainant7 I It is then clear and undisputa#le that the private I !elt so di''y, so sleepy and

complainant

as not totally conscious. ,his already puts a dou#t

in her identi!ication o! her alleged violator, i! she indeed had #een violated. $lso dra ing strength !rom the undisputed !act o! drin"ing a su#stantial amount o! alcohol, as"7 .o can a 175year5old non5drin"er e on the de!ense ithstand the lethargic ho

e!!ects o! alcohol,

orsened #y a tiring academic discussion

#lac"ed out and !ell dead asleep and still have enough energy to engage in a physically draining activity such as a se-ual intercourseB ,he most #asic o! human e-periences the negative. ill incline to

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Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

,he second element o! 0ape provides that carnal "no ledge must have #een accomplished =a< through the use o! !orce or intimidation, or =#< hen the victim is deprived o! reason or hen the victim is t elve years o!

other ise unconscious, or =c< age or is demented. ,he !acts evidence

hich can #e perused over the prosecution@s

ould negate the a#ovementioned element o! 0ape.

4n cross5e-amination, >mma ?alde' testi!ied7 8----$tty. .iponia7 /hen you sa --that there are t o

na"ed persons in the apartment, did you hear anythingB /itness7 2o.

$tty. .iponia7 Did you recogni'e any resistance !rom 1s. Dope'B /itness7 E-1oreover, it 2o. -----

ould seem that even in private complainant@s

testimony, the prosecution !ailed to discharge the #urden o! proving the second element o! the crime o! 0ape. 4n the cross5e-amination, 1ari Juan Dope' testi!ied7 8--$tty. ,am#a7 -----

Cou don@t "no . 4"ay ,han" you !or that ans er, 1adam /itness. I
*age 15 o! 22

Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

still

have

certain

Guestions

remaining. 4"ay, in J1+, you said that a!ter the a#use, you slept #eside the accusedB Is that rightB Complainant7 $tty. ,am#a7 I have !allen asleep. Cou have !allen asleep. ,hat a!ter the rape incidentB Complainant7 $tty. ,am#a7 Complainant7 $tty. ,am#a7 Ces. Foth o! you slept togetherB Ces. Foth o! you slept together. Cou did not run a ay o! shoutB Cou slept togetherB Complainant7 $tty. ,am#a7 Ces. $nd you said 1adam /itness that hen you o"e up you told the as

accused 81arry me or else...9 Complainant7 $tty. ,am#a7 Ces. Cou said to the accused 81arry meB9 Complainant7 E-Ces. --ise7 --*age 16 o! 22

---

4n re5direct e-amination, she testi!ied in this 8-----

Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

*ros. 4rtilano7 2o

you

said

that

a!ter

the

accused consummated the act, you :ust ent to sleep. 2o hy did

you not #other to run a ay 1s. /itness, hat as your condition

a!ter the accused consummated the actB Complainant7 I and as totally e-hausted, a#used I cannot move my #ody

#ecause o! the pain and I@m too drun". $nd yes, I@m physically

e-hausted and into-icated. *ros. 4rtilano7 2o 1iss /itness, you have stated

in your a!!idavit that the accused o"e you upB Complainant7 .e did not literally, as a a"ened #y o"e me up, I his moves

#ecause I thin" he tried to slip a ay that@s hy I as a a"ened

#y his moves or acts. ,he #ed moved. *ros. 4rtilano7 /hen you o"e up, hat as the

position o! the accusedB /as he

*age 17 o! 22

Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

lying

do n

or

as

he

sitting

alreadyB Complainant7 .e as sitting already. o"e up, you ere

*ros. 4rtilano7 2o , a!ter you

na"ed and the accused na"ed at that timeB Complainant7 Ces.

as also

*ros. 4rtilano7 /hen you noticed the accused na"ed as ell as you

as

ere, you

also stated that you demanded that he should marry you. /hy did you thin" o! thatB Complainant7 I thought o! that #ecause it

registered in my mind that I orphan and i! the a#use to a pregnancy, my

as an

ill result #a#y ill

#ecome an orphan li"e me and he ill #e #orn ithout a !ather and I

am thin"ing o! my reputation #eing a pro!essor in a university and my or" E-ill #e pre:udiced. ----as as

Fased on the !oregoing premises, it is clear that there neither !orce nor intimidation, nor the private complainant

*age 18 o! 22

Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

deprived o! reason or other ise unconscious granting !or instance that the crime indeed transpired. It should also #e noted that other testimonies admitted in court and agreed #y #oth parties include a statement that hen the three o! them ent to #ed they

ere :ust a #it tipsy inconsistent complainant that she

ith the latter claim o! the

as already into-icated and e-hausted a!ter

the incident on her #ed. It clearly runs counter to the complainant@s testimony that she as drun" at that time. ,he

inconsistencies can #e there!ore translated to !a#rication o! !acts #y the complainant, clearly, she is not telling the truth, the hole

truth and nothing #ut the truth, and hence, she is not credi#le as regards her testimony in court. 0emar"a#ly, the complainant@s reaction a!ter the incident is clearly not a normal reaction to that situation !or instead o! getting !urious and hysterical a!ter her reali'ation o! the incident o! rape, she even held the arm or rather em#race her student and tells the same to marry her or else... It ould appear the there as no rape committed #ut even

translata#le to a consented act. ,he same utterance is even intimidating on the part o! the accused. ,hus it cannot #e gainsaid that the private complainant #eing the pro!essor o! the accused hom he respected so much and having moral

ascendancy over him #eing :ust a student could do such thing in the !urtherance o! her ultimate goal hich is to have a !amily

*age 19 o! 22

Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

considering that she is unmarried despite #eing 38 years old already. 4n cross5e-amination, private complainant stated7 8-------

$tty. 1entino7 4"ay. So, since you also admitted a hile ago that you told the accused that he has to marry you. Fecause you ere thin"ing o! having a child,

are you e-pecting to #e pregnantB I mean, #ecause it as li"e 8Cou@ve

got to marry me or else...9, are you e-pecting to #e pregnant right a!ter the alleged rapeB Complainant7 It can happen, so I it.3 as e-pecting

It is di!!icult to rape a normal, healthy adult the help o! con!ederates or ithout terri!ying her

oman ith a

ithout eapon.

I! she resists the li"elihood is that the lust!ul desire o! her assailant ill #e !oiled. ,he resistance ould, as in this case, #e

more e!!ective in an open !ield

here there are more chances o!

eluding the assailant or !rustrating his advances. ,he rape committed #y a man ithout the assistance o! other persons is

possi#le #ut is a rare case. =*eople vs Far#o, ;K SC0$ +;)<

3

I#id, pp.13

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Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

It is there!ore respect!ully reiterated #e!ore the court that the prosecution clearly !ailed to prove ith moral certainty that

indeed committed the crime as charged. In !act, the Supreme Court held in the case o! People vs. Mamaliar% ,*8 #C() 760 that 8,o overcome the presumption o! evidence, proo! #eyond reasona#le dou#t o! every !act essential to constitute the o!!ense ith hich the accused is charged must #e clearly esta#lished #y

the prosecution. 8 I! at all, the evidence presented #y the prosecution are mere surmises, con:ectures, speculation and pro#a#ilities. $s held #y the .onora#le Supreme Court in the case o! 3aurel vs. )2rogar% -8, #C() *-, 8Court must :udge the guilt o! the accused #ased on !acts and not on mere con:ectures, presumptions or

suspicions.9 I! so then, as held in the case o! Cosep vs. People% *90 #C() ,78, 8/hen the guilt o! the accused has not #een proven ith

moral certainty, it is a policy o! long standing that the presumption o! innocence o! the accused must #e !avored and his e-oneration #e granted as a matter o! right.9 In the present case, the accused does not even have to present evidence hen the evidence o! the prosecution is not

su!!icient to overcome the presumption o! innocence. IN VIE OF THE FOREGOING! speci!ically due to the

!ailure o! the prosecution to prove the guilt #eyond reasona#le

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Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

dou#t o! the accused Carlo %i&e' y *ama, it is most respect!ully prayed !or o! this .onora#le Court that the accused #e acGuitted o! the crime o! 0ape. RESPECTFULL" SUBMITTED# Iloilo City, *hilippines, Decem#er 7, 2013.

ATT"# STE TORRE

ART PAUL T#

Dead Counsel !or the De!ense 3rd Aloor, Fong Hn Fldg., I'nart Street, Iloilo City Hntil Decem#er 31, 2013 *,0 2o. 120)1)8, 12(31(13 IF* 2o. 1)880), 12(31(13 0oll o! $ttorney@s 2o. +;K7K ,I2727)0;+;+7 Copy !urnished7 P$%&# A'$() *%+ O$,()-.% *u#lic *rosecutor 4!!ice o! the City *rosecutor Iloilo City

A,,+# A+(. D$/-0 A')-&1*rivate *rosecutor $*D$SC$ L $*D$SC$ $SS4CI$,>S

*age 22 o! 22

Memorandum Criminal Case No. 67890 People vs. Carlo Giez y Pama

Dapa', Iloilo City

*age 23 o! 22