Narrator:

The Victim Pebbles Paredes was a 24-year old senior student at the UEP College of
Law, Catarman, Northern Samar. The accused Gardo Jay Versoza, was also a
senior student of UEP College of Law, Catarman, Northern Samar.
In the early morning at or around 3:00 oclock of August 25, 2015, complainant
arrived at her boarding house. Her classmates had just brought her home from a
party. Shortly after her classmates had left, she knocked at the door of her boarding
house . All of a sudden, somebody held her and poked a knife to her neck. She then
recognized appellant who was a frequent visitor of another boarder.
She pleaded with him to release her, but he ordered her to go upstairs with him.
Since the door which led to the first floor was locked from the inside, appellant forced
complainant to use the back door leading to the second floor. With his left arm
wrapped around her neck and his right hand poking a "dipang" to her neck, appellant
dragged complainant up the stairs. When they reached the second floor, he
commanded her to look for a room. With the knife still poked to her neck, they
entered complainant's room.
Upon entering the room, appellant pushed complainant who hit her head on the wall.
With one hand holding the knife, appellant undressed himself. He then ordered
complainant to take off her clothes. Scared, she took off her T-shirt. Then he pulled
off her bra, pants and panty.
He ordered her to lie down on the floor and then mounted her. He made her hold his
penis and insert it in her vagina. She followed his order as he continued to poke the
knife to her. At said position, however, appellant could not fully penetrate her. Only a
portion of his penis entered her as she kept on moving.
Appellant then lay down on his back and commanded her to mount him. In this
position, only a small part again of his penis was inserted into her vagina. At this
stage, appellant had both his hands flat on the floor. Complainant thought of
escaping.
She dashed out to the next room and locked herself in. Appellant pursued her and
climbed the partition. When she saw him inside the room, she ran to another room.
Appellant again chased her. She fled to another room and jumped out through a
window.
Subsequently, a complaint was filed before the Office of Prosecutor. Preliminary
investigation was conducted and a subpoena for respondent Mr. Gardo Jay Versoza
was sent; Mr. Gardo Jay Versoza filed his counter affividavit denying the said

allegations of Ms. Pebbles Paredes contending that He and the victim are
sweethearts and that there was only an attempted rape and it happened because
the he and Ms. Paredes are sweethearts.However, Provincial Prosecutor Bikki G.
Poso after a perusal examination of the documents presented by both parties and
found probable cause as manifested by the resolution she made which eventually
leads to the filling of an information for rape against Mr. Gardo Jay Versosa docketed
as Criminal Case No. 123456 before the Regional Trial Court of Catarman, Northern
Samar.
The information reads as follows:
That on August 25,2015 at about 3:00 o'clock in the morning inside a boarding house
at Hill Side St., UEP, University Town,Northern Samar Philippines, and within the
jurisdiction of this Honorable Court, above named accused with lewd designs and by
the use of a knife Dipang he conveniently provided himself for the purpose and with
threats and intimidation, did, then and there wilfully, unlawfully and feloniously lay
with and succeeded in having sexual intercourse with Pebbles Paredes against her
will and without her consent.
Accused was arrested by the virtue of the warrant of arrest issued by Judge Risty T.
Adarayan of Branch 20 of Regional Trial Court Catarman. Accused was detained.
During the arraignment accused Gardo Jay Versosa pleaded not guilty and the case
was set for pre-trial.
Setting: At the Regional Trial Court
Clerk of Court: All rise. The Regional Trial Court of Catarman, Northern Samar is
now in session presiding is the Honorable Judge Risty T. Adarayan
Judge: You may be seated. We are here this morning for the pre-trial of Criminal
Case No. 123456 entitled People of the Philippines vs. Gardo Jay Versosa.
Counsels are you ready?
Prosecution and Defense: Yes, Your Honor.
Judge: Prosecution, is there a possibility of plea bargaining agreement?
Prosecution: No your Honor, the complainant does not want to enter into the plea
bargaining agreement.
Judge: What is the pleasure of the defense?
Defense: Your Honor, defense is willing to plea guilty for the crime of attempted
rape.

Judge: I order the prosecution and the defense to talk the plea bargaining
agreement in the Office of the Prosecutor. I declare recess. Let us wait for the result
of plea bargaining agreement.
Narrator: Plea bargaining agreement was conducted at the Prosecutors Office.
Clerk of Court: All rise. The Regional Trial Court of Catarman, Northern Samar is
now in session presiding is the Honorable Judge Risty T. Adarayan
Judge: You may be seated. We will continue pre-trial of Criminal Case No. 123456
entitled People of the Philippines vs. Gardo Jay Versosa. Counsels are you ready?
Prosecution can you tell this court the result of plea bargaining agreement.
Prosecution: Your Honor the prosecution and the defense had not arrive at plea
bargaining agreement.
Judge: If that is the case then let us proceed to the stipulation of facts.
Prosecution: Your Honor the prosecution hereby stipulates the following: That
complainant Pebbles Paredes, is 24 years old, a senior student of the UEP College
of Law, Catarman, Northern Samar.
Defense: Admitted your honor.
Prosecution: That accused Gardo Jay Versosa is 25 years old, a senior student of
the UEP College of Law.
Defense: Admitted your Honor.
Prosecution: That complainant Ms. Pebbles Paredes and accused Mr. Gardo Jay
Versosa is an ex-lovers.
Defense: Denied your Honor for lack of information sufficient to form a belief as to
material averment of the complaint.
Prosecution: That on August 25, 2015 at 3:00 oclock in the morning, at Hillside
Street, UEP University Town, Catarman, Northern Samar, Mr. Gardo Jay Versosa
entered the dwelling of Ms. Pebbles Paredes and poked her with the knife and raped
her.
Defense: Denied.
Judge: Defense, do you have stipulations of facts?
Defense: That the sexual intercourse happened because the accused was in love to
each other as lovers.

Prosecution: Denied your Honor

Defense: That it was the victim who gave the motive for sexual intercourse.
Prosecution: Denied your Honor for lack of information sufficient to form a belief as
to material averment of the complaint.
Defense: That there was slight penetration of the penis to the vagina of the accused.
Prosecution: Denied your Honor for lack of information sufficient to form a belief as
to material averment of the complaint.
Defense: That will be all your Honor.
Judge: Next, let us go to the witness. Prosecution, how many witness do you have?
Prosecution: Six your Honor.
Judge: Who are they?
Prosecution: SPO1 Leonard Santos, will testify on the investigation conducted by
him before the filling of the complaint.
PO3 Tiburcio Virtudes will corroborate the testimony of SPO1 Santos.
Dr. Samuel Irinco who will testify the Medical Examination conducted
on the victim.
Ms. Myrna Surio, the board mate and friend of the defense who will
testify that she was in the boarding house on August 25, 2015 and she heard the
commotions happened in the boarding house during the incident.
Ms. Lerma Poso will corroborate the testimony of Ms. Surio
Mr. Jemuel Sosa wil corroborate the testimony of Ms. Surio.
Judge: We will limit the number of your witness into three. I will not allow you to
present PO3 Virtudes, Ms. Poso, and Mr. Sosa, anyway there testimonies is just
corroborative.
Defense how many witness do you have?
Defense: Eight witness your Honor.
Judge: Who are they? What are their testimonies?

Defense: Mr. Herbert Securata, a friend of the victim and the accused will testify that
the accused and the victim were ex-lovers.
Mr. Bernardo Lagrimas will corroborated the testimony of Mr. Securata
Mr. Lenard Ortega will also corroborate the testimony of the Mr. Securata and
Lagrimas.
Ms. Zyra April Paredes will testify that there was no commotion happened on
August 25, 2015 on the boarding house.
Ms. Kyla Magpayo will corroborate the testimony Paredes
Mr. Kirby Morales will corroborate the testimony of Ms. Paredes
Ms. Noreen Claire Sosing will corroborate the testimony of Ms. Morales and
Paredes.
Dr. Samuel Irinco who will testify the Medical Examination conducted on the
victim.
Judge: Let us limit the number of your witness to the most important witness. In this case
you will have only three.
Let us proceed to the marking of evidence. Prosecution you may now introduce your
exhibits.
Prosecution: Your Honor, Here is the sworn statement of Ms. Paredes let it be marked as
Exhibit A.
Your Honor, here is a Medico-Legal Report let it ne marked as Exhibit B
Your Honor, here is videotape of the CCTC camera inside the boarding house
of Ms. Paredes. Let it be marked as exhibit C
No further exhibits your honor.
Judge: Defense, present your exhibit.
Defense: Your Honor, Here is a love letter written by Ms. Paredes to the accused. Let it be
marked as exhibit 1 for the defense.
No further exhibits your Honor.
Judge: Are there any further matters both parties want to discuss?
Prosecution and Defense: None your Honor

Judge: If that is the case then the accused and the defense will sign the pre-trial
agreement.
Session is adjourned.