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FOR

ATTY. SUSAN MUNZING

FROM

Edlyn C. Galinato

RE

Rape Case of Liza

DATE

July 10, 2014

ISSUE:
Whether or not the suspect is criminally liable under RA 8353 or the Anti-Rape
Law.
ANSWER:
Yes. The suspect is criminally liable under RA 8353 for raping the victim one day
after midnight as she was walking on her way home.
FACTS:
Liza, 16 years old was raped as she was walking with her classmate Ana on their
way home from a disco joint after midnight. The suspect who wore a bonnet during that
time was recognized by them when his bonnet momentarily slipped off his face.
During the Police line-up, the suspect was positively identified by Ana and the
victim. He is a worker in a factory located within the near vicinity of the crime scene.
The suspect insisted his innocence and interposes in his defense that he is a
stay-in factory worker and it was impossible for him to be at the crime scene. This was
supported by the testimony of his two witnesses, the night guard and the utility worker of
the factory who saw him in his sleeping quarters in the early evening of that day. His
claim was also affirmed by his co-workers, that since he was a stay-in worker, he sleeps
within the company premises.
ARGUMENTS AND ANALYSIS:
Based from the foregoing facts and circumstances, the suspect claimed that as a
stay-in factory worker it is impossible for him to leave the premises. His claim is
untenable. In any establishments, stay-in workers are allowed to leave the premises of
his working area after his work to attend to his other needs with the knowledge and
approval of his immediate supervisor. And the duty guard during such time will take the
responsibility of recording the time when the employee leaves the premises and the
time he returned
The testimony of the two witnesses, the night guard and the utility worker of the
factory stating among others that they saw the suspect sleeping in his quarters in the
early evening of the day when the crime was committed is not sufficient to make a
conclusion that the suspect did not leave his quarters or the factory premises on the
whole evening.
The rape was committed after midnight and during which, the witnesses was not
already aware whether the suspect is still sleeping inside his quarters. The presumption
of the two witnesses that the suspect slept the whole night inside his quarters cannot be
sustained, it must be supported by other evidences that would prove their allegations
such as the testimony of suspects roommate/s.

The suspect was also positively identified by Ana and the victim when his bonnet
momentarily slips off his face and during the Police line-up. Although the rape was
committed after midnight and the surroundings was dark, considering the circumstances
that the suspect while on top of the victim raping her, and his bonnet momentarily
slipped off on that situation, his face can easily be recognized since being an employee
of the factory near the residence of the victim and Ana, his face is already familiar with
them. And this cannot be denied when he was still positively identified during the Police
line-up.
However, the suspect may argue that having no use of force and intimidation
Liza voluntarily submits herself to sexual intercourse. And having the opportunity to
escape, to shout or cry for help, she did not do so. These arguments cannot be denied
most especially that during the rape, her friend Ana was also present. In People v
Carlo Dumadag y Romio, GR 176740, June 22, 2011, the Court held that the failure
of the victim to shout or cry for help is because she was overcome by fear. Minors, like
the victim could be easily intimidated and cowed into silence even by the mildest threat
against their lives..
LEGAL PROVISIONS RELIED ON:
The suspect violated Republic Act 8353 or the Anti-Rape Law of 1997.
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;
b) When the offended party is deprived of reason or otherwise
unconscious
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned above
be present.
2) By any person who, under any of the circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual assault by inserting his penis into another person's
mouth or anal orifice, or any instrument or object, into the genital or anal orifice of
another person.
Article 266-D. Presumptions. Any physical overt act manifesting resistance
against the act of rape in any degree from the offended party, or where the offended
party is so situated as to render her/him incapable of giving valid consent, may be
accepted as evidence in the prosecution of the acts punished under Article 266- A.
The failure of AAA to flee despite opportunity does not necessarily deviate from
natural human conduct. It bears emphasis that human reactions vary and are
unpredictable when facing a shocking and horrifying experience such as sexual
assault. There is no uniform behavior expected of victims after being raped. Moreover,
[n]ot all rape victims can be expected to act conformably to the usual expectations of
everyone. AAA, being then a minor and subjected to a threat to her life, should not
be judged by the norms of behavior expected of mature persons.

The fact that there is no evidence of resistance on the part of AAA does not cloud her
credibility. The failure of a victim to physically resist does not negate rape when
intimidation is exercised upon [her] and the latter submits herself, against her will, to the
rapists assault because of fear for life and physical safety. (People v Carlo Dumadag y
Romio, GR 176740, June 22, 2011)

CONCLUSION:
The act of the suspect of raping the victim against her will is punishable under
RA 8353 or the Anti-Rape Law.
RECOMMENDATION:
The rape committed against Liza shall be reported to the nearest Police Station
for proper disposition and investigation and for the appropriate filing of case in court
against the suspect.
Liza, a minor and her mother can be referred to the Department of Social Welfare
and Development for counselling.