Professional Documents
Culture Documents
COURT OF APPEALS
Manila
Third DIVISION
ERNESTO SAUL,
Accused-Appellant,
- versus
PREFATORY STATEMENT
The
Honorable
Supreme
Court
on
this
premise
made
THE PARTIES
Saballla vs. NLRC, ibid, citing Nicos Industrial Corp vs CA, 206 SCRA
127
I
STATEMENT OF FACTS
l.1 Ernesto Saul is a fifty seven (57) years old man who drives a
passenger jeep as a means of livelihood. The private complainant,
Christine dela Cruz is the niece of the accused who was then studying at
Sampaloc Elementary School, Tanay, Rizal;
1.2 Private complainant alleged that she was raped by her uncle,
accused-appellant in the instant case, on two occasions, in the afternoon
of March 24 and March 29, 1998 inside the passenger jeep being driven
by the latter;
1.3 The passenger jeep was parked in a broad daylight infront of several
houses. The jeep had partially glass doors with the back door open and
the wind shield not covered where the offense charged was allegedly
committed by the accused-appellant;
1.4 On the dates of the alleged commission of the offense charged, the
accused-appellant was engaged with his usual work, transporting
passengers using his vehicle;
1.5 The Medical Report of the alleged rape was made on April 9, 1999,
a lapse of more than a year after the commission of the alleged offense
charged.
II
ASSIGNMENT OF ERRORS
2.
III
ARGUMENTS
1.
appellant to this honorable court which the lower court has failed
to take credence.
a.
b.
Incredible.
With the presence at the premises and the alleged rape
was consummated on the front seats of the jeepney at a
public area on broad daylight, the opportunity to commit
the rape is hardly present. More than that the alleged rape
was committed at 3:00 oclock in the afternoon, the
elements of secrecy had been totally ignored of disregarded
which is quite unbelievable and incredible in such a crime
of rape. (People vs. Leones, 117 SCRA 382). Especially
the fact that the rape was consummated on the front seats
while the victim was sitting is highly unnatural from rape
cases, considering the small space to allow quick
This testimony is
d.
into
consideration
the
allegedly
rapes
were
e.
The
inconsistency
of
the
prosecutions
witness
testimony.
The evidence of the prosecution is tainted with
inconsistencies, uncertainties and implausibility that scorn
the credence of this Court, it must be rejected as a feeble
concoction.
Alibi.
Accused was physically impossible to commit the
crime of rape.
g.
Motive.
The Ramos ruling as appreciated by the trial court in
its decision cannot be taken credence for the complaint was
a concoction of a well planned revenge of the family of the
alleged victim.
This
2.
a.
b.
competent evidence, which the prosecution has failed to do. Also the
trial court imposed a civil indemnity on both counts, failing to consider
the fact that the accused is a 57 year old man whose main source of
income is manning his jeep as a school service. Thus the awards are
both contrary to law and from the basic norms of fair play and equity.
PRAYER
his answer; to dismiss the two counts of rape for his guilt has not been
proven beyond reasonable doubt.
VERIFICATION/CERTIFICATION
3. I have read the same and the allegations therein are true and
correct of my personal knowledge or based on authentic
records.
ERNESTO SAUL
day of
2010 at
Doc. No.: 39
Page no.:8
Book no.:I
Series of 2010
Copy Furnished:
Office of the Provincial Prosecutor
Tanay, Rizal
EXPLANATION