Professional Documents
Culture Documents
Rape
People vs. Garcia
CHARACTERS:
Ma. Lilia Gemmilyn Borromeo Prosecution Counsel
Marco Mendoza Prosecution Counsel
Vina Grace Mejia Complainant
Jennifer Lizano Mother of Complainant (Prosecution Witness)
Lindy Ablana Expert Witness
Carlo Valeza Defense Counsel
Aya Soria Defense Counsel
Radney Garcia Accused
Jayson Obiles Bishop (Defense Witness)
Mark Magallanes Barangay Captain (Defense Witness)
PROSECUTION
Direct Examination of the Victim by Atty. Gem
Borromeo
Q:Miss witness how old are you?
A:I am 24 years old maam.
Q: Do you work?
A:Yes maam. I am a teacher of Scuola Bambino Elementary School in
Brgy. Isabang, Lucena City.
Q: Do you have a family?
A: I am a mother of a 7 - year old boy but I am unmarried maam.
Q:Miss witness why are you in this court today?
A: After what happened on December 7, 2007, I talked to my mother
and after contemplating what to do, we decided to file a case against
Fr. Garcia.
Q: What proof do you have that you filed this complaint for a rape
case?
A:I have my sworn statement maam.
Q: Do you have this sworn statement with you miss?
A: Yes maam.
PROSECUTION: We asked that this two-page affidavit be marked in
evidence as Exhibit E your Honor.
Q: What happened on the day of December 7, 2007?
altar.
Q: Anything else?
OBJECTION
A: I am also a commentator for the 8am and 8pm masses every
Sunday as well as the 6am masses every morning during Mondays,
Wednesdays and Fridays. As such, I and the other members became
close friend of Father Garcia and we are often seen chatting before
and after Eucharistic celebrations and in other church activities.
Q: How long are you working with the accused as a member of mother
butler guild?
A: 5 years maam.
Q: How many times do you see the accused in a week?
A: Four times a week maam whenever there is a mass.
Q: How often do you have close interface with the accused?
A: Every time I see him we usually have small chats before and after
the mass.
Q: Did you notice any extraordinary dealings of the accused with you
during those interactions?
A: None maam.
Q: After what happened in December 7, 2007, what did you do?
A:I immediately went home after the said incident and when I saw my
mother I told her
what Fr. Garcia did to me.
Q: What did your mother tell you?
A: At first she was also shocked as she did not expect that it would
happen to me. She told me not to tell anyone yet. However, the next
morning, she asked me to report the incident to the police station.
Q: Why did she finally decide to report the said incident?
A: She said I should not be afraid and be ashamed of what our
neighbors would say.
Q: Is that all?
A: She likewise told me to not to be discouraged even if people from
our town would not believe me since Fr. Garcia is well-loved by his
parishioners.
Q: By the way who is your mother?
A: Jennifer Lizano maam.
hand against the wall while his left hand was holding my right hand
against the wall.
Q: At about this time, where you scared that Father Garcia is desiring
something bad from you?
A: Yes Maam. It was the first time that something like that happened.
And I was really scared when he was being aggressive.
Q: At the time he was holding you against the wall, where you
standing up?
A: Yes maam.
Q: In that standing position, where your feet free from any restraints?
A: Yes maam.
Q: Did you at least put up a fight and used your free feet to be freed
from the hands of father Garcia?
A: No Maam. He was overpowering me and I was really afraid,
shocked and scared at that moment.
Q: You mean to tell me that at the time you had the opportunity to
free yourself and you did not take it?
A: No Maam. At that moment I was in a state of shock that I was
stunned and my body was just numb.
Q: You also said in your direct that he pulled your undergarment by
using his free hand, how did he restrain you and at the same time
remove your underwear?
A: He used his right hand to get a grip of both of my hands and used
his left hands to remove my underwear.
Q: All this time you did not resist or shout?
A: No maam. As I said I was in the state of shock.
Q: How did he remove your underwear?
A: He used his left hand maam.
Q: you mean to tell me that while he was pinning you against the wall
and holding your hands up, he managed to bend and remove your
undergarment.
A: Yes maam.
Q: Do you wish this court to believe that at that position the can do
both things at the same time, the restraining and the removing of the
undergarments?
A: Yes Maam.
Q: How tall are you Miss Mejia?
A: about 5 tall maam.
back Fr.Garcia?
A: He is so strong and tall maam. Also I am also in a state of shock.
other people would not believe my daughter so I told her not to tell
anyone about what happened until we have carefully thought about
our next step.
Q: Would you mind telling us what you did after?
A: The next day Vina told me that she didnt want to go back to the
church anymore. She said that she saw no point in serving the parish
anymore. I saw how the incident gravely affected my daughter so I
decided to report the matter to the police. When we came to the police
station, we were referred by the police investigator to the Crime
Laboratory so that Dra. Lindy Ablana can conduct a physical
examination on Vina.
PROSECUTION: That would be all, your honor.
Q: Isnt it true that your daughter is a single mother. Her child is born
out of wedlock.
OBJECTION: the question does not have any relevance to the issues
your honor.
Q: Conditional
COURT: OVERRULED.Proceed.
A. Yes.
Q: Isnt is also true that during the time your daughter gave birth to
her child, rumors erupted about the indecency of your daughter.
OBJECTION: Pure hearsay
A: Yes. But as I said, people in our community just love to talk.
Q: Has those rumors affected you?
A: Of course! It hurt my daughter so it hurt me too. Besides, the name
of my family is being smeared.
Q: If your daughter has an affair or feelings with Father Rad, what
would you do?
A: I will tell her thats wrong. Father Rad is a priest, he has vowed
himself to God.
Q: If you found out that your daughter has an affair with Father Rad,
would you get angry?
OBJECTION: Question is misleading. Counsel is assuming facts not
established as true.
COURT: Objection sustained.
Q: Hypothetical Question on the above question.
A: Of course! That is not morally correct.
Q: Angry enough to urge your daughter to file a rape case to save the
reputation of your daughter and your family once again.
[Objection your honordi ko alam ang ground, parang dapat
magobject eh]
DEFENSE: Nothing Further your Honor.
DEFENSE
Direct Examination of the Accused by Atty. Carlo
Valeza
Q: Mr. Witness, please state your name.
A: Im Radney Garcia.
you?
A: (demonstrate)
Q: How did you react?
A: I felt awkward because I was afraid someone might see us. So I
gently pushed her away.
Q: Were you able to push her away?
A: No.
Q: Why not?
A: When I tried to push her away, she tightened her grip even more.
Q: What happened next?
A: She firmly held my head and kissed my lips.
Q: What did you do?
A: I wanted to get away from the situation because I know it was
wrong but I cannot because as I said a while, I love her and we have a
special relationship.
Q: What happened after you kissed?
A: We made love.
Q: Was there any resistance on the part of Ms. Mejia?
A: None at all. As I said, she was the first one who kissed me.
Q: So you claim that this lovemaking was consensual on you both?
A: Yes.
Q: If that is so, and you said that you love each other, can you think of
a reason or a motivation on the part of Ms. Mejia for filing this case
against you?
A: Maybe she was angry because she wanted me to leave priesthood
and to marry her. She said that if I did not choose her, she does not
know what she might do.
Q: When did she mention this statement?
A: That same day.
Q: In other words, she made you choose between your vocation and
her?
A: Yes.
Q: Apparently and evidently Fr. Garcia, you did not leave your
vocation, right?
A: Yes, I did not leave priesthood.
Q: And you think this is sufficient to make her file this case?
A: I think so. She was very eager for me to leave priesthood such that
when I told her that I have not yet decided about the matter, she got
mad and said that if I do not decide to be with her, she might do
something which I will regret.
Q: When did she make this statement?
A: That same day.
Q: When exactly on that day?
A: After we made love.
Q: What happened after?
A: She was very angry and she immediately left the sacristy.
Q: What did you do when she left?
A: I hurriedly set off for the house blessing as I was already late for
that appointment.
Q: After Dec. 7, 2007, did you and vina meet anywhere aside from the
commencement of this case against you?
A: No sir. I tried to look for her in the churh but she is attending
masses anymore.
DEFENSE: That will be all, your Honor.
counsels statement.
COURT: SUSTAINED. Strike from the records. Lets go to another
point.
Q: Again, Mr. Witness, you said you and the complainant are lovers,
correct?
A: Yes sir.
Q: Do you any other proof of that you and my client are lovers other
than the cheap bracelet you have bought at the market on your way
here?
OBJECTION: MISLEADING
A: thats the only proof of our love.
Q: Do you have any to proof that the said bracelet came from Vina like
a receipt maybe?
A: None sir.
Q: One last point Mr. Witness, when lovers quarrel over some matters,
how do think you they normally settle their differences?
A: They meet and talk to each other.
Q: Yes yes and they do not simply file a rape case right?
PROSECUTION: No further questions your honor.
OBJECTION: MISLEADING
A: No.. no, your honor.
Q: Your honor, the witness is testifying in favor of the accused to
protect not only his dear friend Fr. Radney but also the Order in which
they belong.
OBJECTION: Strike from records
PROSECUTION: No further questions your honor.
Q: With that being said, how well do you know the accused?
A: He is very close to my family, I consider him my mentor especially
that I would run to him to seek for advise whenever I have problems.
My daughter Summer is also very close to him because whenever we
invite Rev. Fr. Garcia in our house, he would play the guitar with her.
Q: You mean your daughter and the accused spends time together a
lots.
A: Yes, he taught my daughter how to play the guitar and every now
and then he would visit my daughter to play the guitar with her.
Q: What was your initial reaction after hearing the news that Fr. Rev
was charged of rape?
A: I could not believed that he was being accused of that crime
because having known him for a long time, it is extremely impossible
that he would involve himself in any crime at all. Moreso he would not
even make advances on any woman and he is known in our Brgy. as a
decent, kind and helpful priest.
DEFENSE: That's all your Honor.