C.

PRESUMPTION OF INNOCENCE

15. PEOPLE vs. ORLANDO FRAGO.

FACTS:
The accused, Orlando Frago was charged with rape and
attempted rape docketed as criminal cases nos. 9144 and 9145.
The information states that the accused Orlando Frago committed
the crime in the early morning of 26 September 1990 in the
Poblacion of Quezon, Palawan.
Jicelyn Lansap, 15 years old girl, was boarding in a house
which belongs to Fortunato Moral with her relatives. Before
intruding the house of Jicelyn, first the accused who was ice cream
vendor went inside the residence of Ronalyn Pastera secretly at
around three forty-five in the morning. He was about to take
Ronalyn out of the room but she suddenly woke up and shouted for
help. Then, her father immediately responded by switching the
lights up. Thus, the accused had to escape from the house. Since
he fail to defile Ronalyn, he next went to the boarding house of
Jicelyn which was fifty meters away from the house of Ronalyn.
Jicelyn Lansap was bodily carried by accused Orlando Frago to a
nearby house belonging to Dado Andor. Then at around five-thirty
in the morning, she was awakened by appellant who was already
strangling her. She was hurt by the accused especially her private
part and found out that she had been raped. At the same day,
Ronalyn's father and Jicelyn reported to police authorities.
ISSUES: Whether or not he is guilty of rape in crim. case no. 9144?
HELD:
In Crim. Case No. 9145, it was acquitted due to lack of clear
and convincing evidence that the accused Frago performed the act

of crime of rape against Ronalyn Pastera. In Crim. Case No. 9144,

the accused claimed that at nine in the evening of september 25,
1990, he fell asleep with his family after his tiring work and woke
up at six on next morning. In his appeal, he imputes error to the
trial court in convicting him on the basis of an identification which
was made without the assistance of counsel. Also, according
credence to the story of Jicelyn, thereby it is denying his
constitutional right to be presumed innocent until proved guilty
beyond reasonable doubt.
The court sustains the defense on the insufficiency of the
identification of appellant Orlando Frago. With the testimony of
Jicelyn, she has no reliable basis for pointing to the accused as the
person who raped her. She said that the face was covered, and she
did not have the opportunity to observe the height of the rapist;
and, that the only evidence of sexual intercourse is the result of the
medical examination. On the other hand, the Pastera sisters may
have recognized the accused positively because their room was
lighted and also he was not wearing anything on his face. They
identified him on 28 September 1990, 14 whereas Jicelyn pointed
him out only on 8 October 1990. Since they are neighbors, Pastera
family might have shared the identity of accused to Jicelyn. Then,
the identification of appellant by Jicelyn is doubtful.
RESOLUTION:
WHEREFORE, the decision of the court a quo finding
accused-appellant ORLANDO FRAGO guilty of rape in Crim. Case
No. 9144 is REVERSED and SET ASIDE, and he is ACQUITTED as his
guilt has not been proved beyond reasonable doubt. It appearing
that he is detained, his immediate release from custody is ordered
unless he is held for another cause. Costs de oficio.
SO ORDERED.