REPUBLIC OF THE PHILIPPINES NATIONAL NATIONAL CAPITAL JUDICIAL REGION REGIO N REGIONAL TRIAL COURT Makati City, Branch 113 PEOPLE OF THE PHILIPPINES ,
- versus -
Plaintiff , Criminal Case No.: R-PSY-09-0112-CR For: Violation of Article 266-A of the Revised Penal Code as amended by R.A. No. 8358 also known as the Anti-Rape Law of
1997 LUIS MARK GARCIA y LEONES and RONALD RECOLIN y GARCIA ,
Accused. x-------------------------------------------------x
OPPOSITION TO THE PETITION FOR BAIL The State, through undersigned counsel, respectfully OPPOSES the admission to bail of the accused LUIS MARK GARCIA Y LEONES and states:
1. That the complainant is a Filipino, a minor, 12 years of age, born st December 23, 2009 in Manila, 1 year student at Pasay West High st school, with residence at P10-21-12-1 Villamor Airbase, Pasay City. 2. The accused, Luis Mark Garcia y Leones is currently detained in the Makati City Jail for the crime of raping the herein mentioned
minor. 3. That no bail has been recommended for the accused’s temporary release because evidence of guilt is strong. ARUGMENTS OPPOSITOR respectfully submits that the accused should not be admitted to bail on the ground that evidence of guilt is strong based on the sworn affidavit of the minor victim, Cathlea Mae Acana y Carisma and presents the following to support its positon: I. Credibility of the testimony of minor females
The Courts has always recognized the trustworthiness of the testimonies of minors in rape cases. The case of People v. Ponsica 433 Phil. 365 highlights how unlikely it is for a young, unmarried woman to concoct a story to the detriment of her reputation and honor: It bears emphasis that when the offended parties are young and immature girls from the ages of twelve to sixteen, courts are inclined to lend credence to their version of what transpired, considering not only their relative vulnerability but also the shame and embarrassment to which they would be exposed by court trial if the matter about which they testified is not true. It is instinctive for a young, unmarried woman to protect her honor and it is thus difficult to believe that she would fabricate a tale of defloration, allow the examination of her private parts, reveal her shame to the small town where she grew up, and permit herself to be subject of a public trial had she not really been ravished. The sworn affidavit of Cathlea Mae Acana y Carisma (herein attached as Annex “A”) regarding the events that had transpired and the circumstances of the wicked crime committed against her is in itself is proof that evidence of the herein accused’s guilt is strong. Cathlea, a child of 12 tender years, would not invent a story of being raped and besmirched of her honor not just by one, but by two men and risk being shamed and disgraced publicly. It is also important to take note of that according to the the sworn affidavit of her father (herein attached as Annex “B”), Jose Novo Acana
y Tupan, he became angry upon finding out that his young minor daughter had a boyfriend, therefore implying that he did not allow his daughter to have any romantic relationships. Since Cathlea kept her relationship with her boyfriend Joseph from her father, it would be very unbelievable of her to fabricate a story of being deflowered by two men and tell her father about such a sensitive matter involving her honor and purity when it is obvious he is very strict with her. II. Lack of lacerated wounds: Does not negate sexual intercourse The accused, in his petition for bail, is arguing that the accused never raped Cathlea as evidenced by the Medico-Legal report, which stated that there was no evident injury on her private parts at the time of the examination. However, they omitted the fact that there was a qualification to such statement: “… but medical evaluation cannot exclude sexual abuse.” Thus, the findings do not exclude possibility of sexual abuse, and the likelihood of sexual intercourse, despite the absence of injuries at the time of the examination.
Furthermore, noteworthy is the case of People v. Dy 425 Phil. 608 wherein the Court held the absence of lacerated wounds on the vagina does not negate sexual intercourse, and a victim’s credible testimony is sufficient enough to convict the accused regardless of the result of the medical examination: Further, lack of lacerated wounds does not negate sexual intercourse. A freshly broken hymen is not an essential element of rape. Even the fact that the hymen of the victim was still intact does not negate rape. As explained by Dr. Maximo Reyes, medicolegal officer of the NBI, there are hymens that may admit without necessarily producing laceration and there are hymens that may admit injuries that will produce such laceration. At any rate, "in crimes against chastity, the medical examination of the victim is not an indispensable element for the successful prosecution of the crime as her testimony alone, if credible, is sufficient to convict the accused thereof, as in this case. "
PRAYER
WHEREFORE, foregoing premises considered, it is respectfully prayed that this Honorable Court issue an ORDER denying PETITION FOR BAIL filed by the Accused for reasons cited above. Makati City, 03 August 2014.
MERCADO , NITURA, FELICIANO, LEE, & RECENTES LAW FIRM Counsel for the Accused Unit 1919 East Tower, One Rockwell, Rockwell Drive, Makati City Tel. No. (632) 897-8770 Telefax. (632) 896-2116 Email:
[email protected]
By:
MERCEDES C. FELICIANO IBP No. 9139238 01-08-14/Makati City PTR No. 913458/01-08-14/Makati City Roll of Attorneys No. 51313 MCLE Com. No. IV-002248413/06-17-14
Copy Furnished by Personal Service to:
The City Prosecutor Office of the City Public Prosecutor Makati City
SHEENALYN R. TENGCO Counsel for the Accused Fondevilla & Fondevilla Law Offices Unit 2501-E, One Rockwell East Tower Makati City ALSC.MidtermExercise.OppositiontoPetitionforBail.3August14
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