Republic Republic of the Philippines Second Judicial Region Region REGIONAL TRIAL COURT Branch 36 Santiago City
PEOPLE OF THE PHILIPPINES, Plainti, !VERSUS!
Criminal Case No Br 36!""# $or%
RAPE
KENNISON NIONES , &ccused '!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!' OPPOSITION TO DEFENSE MOTION TO QUASH (he prosecution through counsel submits this opposition to defense motion to )uash information, and argues as follo*s%
PREPARATORY PREPARATORY STATEME STATEMENT NT Rape is one of the most emotionally!charged *ords in the +nglish ocabulary -t describes an act, *hich incidentally is also de.ned as a felony, *hich betrays a fundamental lac/ of regard for the oended party0s humanity and dignity 1ore than an act rooted in se'ual grati.cation, rape is considered a iolation of the essential dignity of a person regardless of gender" Rape is a crime that eo/es global condemnation because it is abhorrence to a *oman2s alue and dignity as a human being -t respects no time, place, age, physical condition or social status -t can happen any*here and it can happen to anyone 4omen omen,, *ho *ho are are rape raped, d, as sh sho* o*n n in the the pres presen entt case case,, suer a sense of iolation that goes beyond physical in5ury (hey may may beco become me dist distru rust stfu full of men men and e'per 'perie ienc nce e feel feelin ings gs of shame, humiliation, and loss of priacy ictims *ho suer rape trau trauma ma sy synd ndrrome ome e'per 'perie ienc nce e phys physic ical al sy symp mpto tom ms su such ch as head headac ache hes, s, slee sleep p dist distur urba banc nces es,, and and fatig fatigue ue (hey (hey may may also also deelop psychological disturbances related to the circumstances of the rape, such as intense fears3 &ccused committed rape in iolation of &rticle 337 of the Reised Reised Penal Code 8RPC9, as amended by Republic &ct 8R&9 No :373 :3 73 or the the &n &nti ti!R !Rape ape ;a* of "< "<<= <= (he (he accu accuse sed d sh shou ould ld be
" ;egal reference on capital oenses ! olume -% Rape by &ttorney (heodore > (e People of the Philippines s +dgar Juma*an ?R No ":=@<7, &pril ", #"@
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conicted to sere as an e'ample for public good and in order to deter a similar act
WHO IS GENEVIEVE G. PASTOR? (he ictim, ?+N+-++ ? P&S(>R is of # years of age, $ilipino and a resident of Puro/ 3, Nagassican, Santiago City She is a caring and a loable child to her parents and siblings, full of dreams and ambitions She is a descent *oman, haing a good reputation in their Barangay +en, she0s beautiful she has no boyfriend and neer entertained suitors because her priority is her family She i s the eldest child in their family and at early age she became the bread*inner -n fact, before she *as rape, she is *or/ing, at 1abini 1assage Parlor as ?uest Relation >Dcer Eespite of poerty she *as reared in a family that alued human dignity and presere irginity until marriage She neer /no*s the accused and has no ill motie to impute him for raping her nor ma/e any false accusation against the accused
FACTUAL BACKGROUND (he accused clearly iolated &rticle 337 of the Reised Penal Code 8RPC9, as amended by Republic &ct 8R&9 No :373 or the &nti!Rape ;a* of "<<= (he crime of Rape *as committed as follo*s% (hat on or about =%## o0cloc/ in the eening of June "#, #"7, in the City of Santiago, Philippines and *ithin the 5urisdiction of this Fonorable Court, the aboe!named accused, *ith le*d design, did then and there *illfully, unla*fully and feloniously, had carnal /no*ledge of one &lice Catalon against her *ill by means of force, iolence, intimidation and threat (he ictim after leaing, at 1abini 1assage Parlor *here she *or/s as ?R>, for, years got a tricycle droe by the accused 4hile on board on her *ay home to Nagassiccan, Santiago City, accused po/ed a motorcycle tool at her and brought her to a grassy area near a rier *here there is no light (hen, the accused told her to undress and laid her on the ground (he accused *ent on top of her and remoed her under*ear, inserted his penis into her agina and pumped on her (hereafter, the accused escaped using his tricycle@
ARGUMENT THE COURT HAS JURISDICTION OVER THE PERSON OF THE ACCUSED -n the motion to )uash, the defense argues that the court has no 5urisdiction oer the person of the accused because of the illegality his of @ -nformation .led dated June 6, #"7
arrest Contrary to the said allegation, the prosecution beliees other*ise (he court clearly has 5urisdiction oer the person of the accused -t obtain 5urisdiction oer the person of the accused after the said accused *as arrested by irtue of a *arrant of arrest issued against him by Fon Judge &nastacio &nghad of Regional (rial Court, Branch 36, Santiago City on June 7, #"7 & copy of the said 4arrant of &rrest is attached here*ith as &nne' & -t *as directed to and e'ecuted by Senior Police >Dcer Reo Nes and Senior Police >Dcer " &rchie Cayaban of Police Station ", Santiago City >n June "", #"7, the accused after he *as informed of his right and the nature and cause of his arrest, he *as successfully arrested in his residence at Calao +ast Santiago City (hereafter, the accused *as immediately turnoer by the arresting oDcer to the proper authority (he issuance of the *arrant of arrest complied *ith the proisions of Section , &rticle --- of the "<:= Philippine Constitution Section , &rticle --of the "<:= Philippine Constitution proides that% The right of the people to be secure in their persons, houses, papers and eects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue, except upon probable cause to be determined personally by a judge, after examination under oath or armation of the complainant and the witnesses he may produce, particularly describing the place to be searched, or the persons or things to the seized. (he *arrant of arrest *as issued on the e'istence of probable cause determine personally by the 5udge after personal e'amination under oath or aDrmation of the complainant and the *itnesses he may produce in the form of searching )uestions and ans*ers, in *riting and under oath7 Based on the aboe statements the accused *as arrested by irtue of a la*fully issued *arrant of arrest and not *arrantless arrest as claimed by the defense counsel of the accused Fo*eer, een if the accused *ere illegally arrested, such arrest does not inest eye!*itness accounts *ith constitutional in.rmity as Gfruits of the poisonous treeH thus, *here the coniction could be secured on the strength of testimonial eidence gien in open court, the illegality of the arrest cannot be ino/ed to reerse the coniction 6. $urthermore, the .ling of charges and the issuance of the *arrant of arrest against a person inalidly detained *ill cure the defect of that detention, or at least deny him the right to be released =. 4hat constitutes a reasonable or unreasonable arrest in any particular case is purely a 5udicial )uestion, determinable from a consideration of the circumstances inoled
7 Rule "6, Sec 6, Rules of Court 6 People SalaIar, ?R No <<377, &ugust "", "<<= = $rancisco Juan ;arranaga Court of &ppeals, ?R No "3#6@@, 1arch "3, "<<:
(he illegality of arrest is not suDcient ground for motion to )uash and to deny 5ustice to ictims of crime
THE OFFICER WHO FILLED THE INFORMATION HAD AUTHORITY TO DO SO (he second ground presented by the defense counsel for the )uashing of information sho*s that they *ere desperate Fon Reynaldo 1 +smeralda is not a priate prosecutor as alleged by the defense counsel but rather a public prosecutor -n fact, he *as appointed as city prosecutor on 1arch : #"# -n fact such authority is respected by the defense la*yer in the .rst page of their motion to )uash addressing the latter as a city prosecutor & copy of the said appointment is attached here*ith as &nne' B (herefore there is no patent defect in the information so as to render it inalid and renders the court ac)uires 5urisdiction to try the accused thereon 1oreoer, the doctrine lay do*n by Supreme Court in the case of illa s -baneI, etc :: Phil @#, as claimed by the defense is not applicable in the present case since the information *as .led by a )uali.ed and authoriIed oDcer Fo*eer, assuming arguendo, that Fon Reynaldo 1 +smeralda is a priate prosecutor, still it is allo*ed under the rules of court under Section 7 4ho must prosecute criminal action ! &ll criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor In ca! "# $!a%& '"() c$!*+! "# -$! +/0c ("!c+-"( "( 0n -$! !%!n- "# ac) "# +/0c ("!c+-"(, -$! (0%a-! ("!c+-"( 1a& /! a+-$"(02!* 0n '(0-0n3 /& -$! C$0!# "# -$! P("!c+-0"n O4c! "( -$! R!30"na S-a-! P("!c+-"( -" ("!c+-! -$! ca! +/5!c- -" -$! a("%a "# -$! c"+(-. >nce so authoriIed to prosecute the criminal action, the priate prosecutor shall continue to prosecute the case up to end of the trial een in the absence of a public prosecutor, unless the authority is reo/ed or other*ise *ithdra*n:
NON6PREJUDICIAL FORMAL DEFECTS WILL NOT BE SUSTAINED AS A GROUND FOR QUASHING THE INFORMATION. (he formal parts of a complaint or information are proided for in Section 7 to " of Rule ""# of Rules of Criminal Procedure -t is ob5ect of a complaint or information to enable a man of common understanding to /no* *hat oenses he is charged of &n information *hich sets forth the names of the defendant and the oended parties, designates the crime charged and relates the acts complained of as constituting the crime in ordinary and concise language and states the oense *as committed *ithin the 5urisdiction of the court is suDcient<
: Section 7, Rule ""# of the Reised Rules of Criminal Procedure as amended by &1 N> #!!#=!SC 8+ectie 1ay #", ##9
&nd mere defects in form or those *hich do not tend to pre5udiced a substantial right of the accused *ill not inalidate a 5udgment So, a motion to dismiss a complaint or information in a criminal case *ill not be sustained *hen the facts therein are set out in such a manner that a person of common understanding may /no* *ith *hat he is charged, -t is suDcient if the complaint or information states the essential elements *hich constitute the oense re)uired in the statute and it is not necessary to follo* the e'act language of the statute"# -f such defects are properly and opportunely raised, an amendment of the compliant or information may be ordered by the court under Section @, Rule "-= Since all the allegations of the defense are non!pre5udicial formal defects, therefore it *ill not sustain as a ground for )uashing the information $urthermore, the defense oerloo/ed the certi.cation attached to the information
PRAYER 4herefore, considering the manifest legality of the arrest giing the court 5urisdiction oer the person of the accused, the undoubted authority of the city prosecutor, and the non!pre5udicial formal defects, *hich cannot sustain as a ground for )uashing the information -t is respectfully prayed that the information for rape .led against the accused should not be )uashed July 3, #"7
HON. REYNALDO M. ESMERALDA City Prosecutor Roll No =:#" &pril 7, ##= 1C;+ Compliance No !<#"6:< Santiago City, Philippines
COPY FURNISHED7 (F+ C;+RK >$ C>LR( S+C>NE JLE-C-&; R+?->N R+?->N&; (R-&; C>LR(!BR&NCF 36
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