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COURT OF APPEALS
CITY OF MANILA
JIMMY CHUA
Accused-Appellant
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APPELLEES BRIEF
SUBMITTED BY
OFFICE OF THE SOLICITOR GENERAL
123 1st Street No One Village,
Quezon City
By
Gil M. Camaymayan
Associate Solicitor General
SUBJECT INDEX
Page No.
1
2
3
4
7
Contents
Cover Page
Subject Index
Prefatory Statement
Statement of Facts
Counter Argument
Discussion
Prayer
JIMMY CHUA
Accused-Appellant
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APPELLEES BRIEF
Plaintiff-appellee PEOPLE OF THE PHILIPPINES, represented by
the Office of the Solicitor General in answer to the allegations raised by the
accused-appellant in his Brief, respectfully states:
PREFATORY STATEMENT
Through this appeal, accused-appellant assails the judgment dated 9
February 2015 rendered by the Regional Trial Court of Makati, Branch 62,
finding him guilty beyond reasonable doubt of Rape under Article 266-A(1)
of the Revised Penal Code.
STATEMENT OF FACTS
The appellee accepts the statement of facts in the appellants brief.
COUNTER-ARGUMENTS
Plaintiff-Appellee raises the following counter-arguments to the
assignment of errors raised by the accused-appellant:
I.
Discussion
I.
Under Article 266-A (1) of the Revise Penal Code it provides that:
xxx
xxx
xxx
Article 266-A. Rape, When and How Committed. Rape is committed
1. By a man who shall have carnal knowledge of a woman
under any of the following circumstances:
A. Through force, threat or intimidation
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xxx
xxx
It must be noted under the statement of facts of the appellant that there
was an admission that the appellant Jimmy Chua had carnal knowledge
against the victim AAA on the night of March 7, 2012 at the apartment
resident of the victims brother located in Barangay Palanan, Makati City
through the use of threat by pointing a knife against the victim and
threatening to kill her if she would not have sex with him. It was also
stated in the facts of the appellant that that the victim AAA was
sexually assaulted by the appellant. Intimidation was also applied by the
appellant, soon after he has consummated the horrendous act he has
threatened to kill AAA if she would report the matter to the authorities.
All of these undisputed facts were contained on the appellants statement
of facts which was admitted by the appellant on his brief.
In the argument raised by the accused-appellant that the court did not
considered the testimonies of the accused and his common law wife
Maria Tengco. It was even admitted by the accused-appellant on his brief
that the defense of alibi is known to be the weakest defense, as it is easy
to concoct and difficult to disprove. In the testimony of the accusedappellant he said that between 6 in the evening up to 1 in the early
morning, he was drinking beer with his buddies at the far end of the street
which was about 200 meters away from the apartment. The defense of
alibi would only be valid if there was physical impossibility for the
person to be at the scene of the crime during its commission. Given that
the distance from the place where accused-appellant and his bodies were
drinking as against the apartment of the brother of the victim was only
200 meters, it does not establish the physical impossibility of the
accused-appellant not to be on the scene of the scene of the crime during
its commission. It is a possibility that the accused-appellant has excused
himself or had left the drinking session for several minutes in order to
commit the crime given that as stated on the facts that it only took him 10
minutes to consummate the crime. Worse more was that his alibi was not
People of the Philippines vs. Jimmy Chua; Appellees Brief; Page 4
PRAYER
Viewed in the foregoing light, it is respectfully prayed for that the
instant appealed be DENIED for lack of merit
Other relief and remedies as are just and equitable, are likewise
prayed for.
May 23, 2015 Quezon City, Philippines
Copy Furnished
Isha Soriano
Soriano and Associates Law Firm
Room 1009 Richville Corporate Tower,
Madrigal Business Park, Muntinlupa City
Counsel of the Accussed-Appelant