Republic of the Philippines Sixth Judicial Region Regional Trial Court Branch 32 Iloilo City PEP!E " T#E P#I!IPPI$ES% Plaintif, & 'ers 'ersus us &
Cri( Cri())
Case Case
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++, "or* Rape -R./! SR$0$% Accused. x-----------------------------------------x PPSITI$ T .E1RRER The Plaintif, PEP!E " T#E P#I!IPPI$ES , through the the unde unders rsiigned gned couns ounsel el,, oppo oppose ses s the the .E1R .E1RRER RER " submitted by the deendant EI.E$CE -R./! SR$0$.
I) "-CT-! B-C40R$. Plaintif Cassie Lee is the girlriend o Chave orongon. Chav have orongon is the brothe ther o the accus use ed, Ardyl orongon. !n the night o "ebruary #$, %&#', Ardyl, Chave and Cassie (ere supposed to meet at !cean City )estaurant at mallv mallvill ille e Comple Complex, x, *adurr *adurraio aio,, +loilo +loilo City City. The accused accused planned or the dinner. At around 'pm Cassie arrived at the restaurant but only Ardyl (as there. Chave canceled last minute due to (or/ related reasons. Ardyl and Cassie agreed to continue (ith the dinner (ithout Chave. Ardyl used to have a crush on Cassie. 0ut Cassie (as already the girlriend o his brother. o they continued their dinner (ithout malice. hortly beore they let, Cassie (ent to the (ash room. 1hen she came bac/, bac/, Ardyl insisted that she 2nish her drin/s. The drin/s (ere spi/ed by Ardyl (ith a sedative drug. 1hen they (ere about to leave the restaurant, Ardyl ofered to ta/e cassie home. !n their (ay to the car, Cassie elt di33y and nauseous. 1hen they got to the car, Cassie elt (ea/er and her di33iness (orsened. Ater several minutes, Cassie elt the car stop and she (as transerred to the bac/ seat. Ater a (hile, Cassie sa( Ardyl positioning himsel on top o Cassie. And ater that Cassie totally lost consciousness. The morning
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ater Cassie reali3ed that she had been drugged the night beore and raped by Ardyl.
II) -R01E$TS5.ISCSSI$ The 4emurrer is completely (ithout merit. A demurrer to evidence is an allegation that, admitting the acts o the preceding pleading to be true, as stated by the party ma/ing it, he has yet sho(n no cause (hy the party demurring should be compelled by the court to proceed urther. 54ans, 6r. vs. People, 7# CA4 %&89. A demurrer admits the truth o all material acts plead, giving the complaint a reasonable interpretation, reading it as a (hole and its parts in their context. The demurrant improperly argue the acts and include acts that are not part o the complaint and testimonial evidence presented during the trial. All allegations must be ta/en as true on a demurrer. u:cient acts (ere alleged or the commission o rape and the demurrant should ta/e these allegations as true. The considerations in rape cases are 5#9 An accusation or rape can be made (ith acility; it is di:cult to prove but more di:cult or the person though innocent, to disprove the same; 5%9 +n vie( o the intrinsic nature o the crime o rape (here only t(o persons are usually involved, the testimony o the complainant must be scrutini3ed (ith extreme caution; and 5$9 The evidence or the prosecution must stand or all on its o(n merits and cannot be allo(ed to dra( strength rom the (ea/ness o the evidence or the deense. 5People vs an 4iego $% C)A '889. 1hat is decisive in a rape charge is the complainant
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into her drin/s. !ne o the (itnesses or the prosecution is the sole (aiter or the restaurant during the night o the rape incident. =e has testi2ed that he sa( the accused put a (hite pill in the drin/s o the victim. 1hen as/ed (hy he can vividly remember the things that happened during that night, he ans(ered that it (as his 2rst night assigned as a (aiter. +t is a natural human reaction to be excited and remember every 2rst experience in their lives and this (aiter (as not an exception. "urthermore, the (aiter, 4ave Capada, recalled that there (ere only t(o tables that night. +t (ould not be unusual or a (aiter to recall every single detail o his customers, especially i there (ere only t(o tables or the night. Assuming or argument) L##8?% August #, #7789. Carnal /no(ledge o a (oman (ho is asleep constitutes rape. 5People vs. )amos $' C)A #89. 1hen the testimony o a rape victim is consistent (ith the medical 2ndings, su:cient basis exists to (arrant a conclusion that the essential re@uisite o carnal /no(ledge has thereby been established. 5People vs. *otos $#8 C)A 7?9. The prosecution has ofered as (itness, 4r. *aricel Peniero, o the +loilo *ission =ospital to testiy on her medical 2ndings o the rape victim. Along (ith the medical certi2cate she has sho(n in court, 4r. *aricel Peniero, has proven that rape (as committed. +n cases (here the victim is raped in a state o unconsciousness, the act o sexual assault and the identity o the assailant can be established rom the events
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preceding or ollo(ing the victim
III) C$C!SI$ +n denying a demurrer to evidence, the court need not state that the prosecution has established Bproo beyond reasonable doubt D it is su:cient that (ords o similar
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import, such as those stated in the instant case 5Bthe essential elements o the crime charged9 be present to indicate that there (as a 2nding o guilt beyond reasonable doubt o the accused. 5Antonio vs. CA, %8$ C)A $%9. The prosecution (as able to sho( that all the elements or the crime charged (ere present. And that positive identi2cation o the accused (as established. The prosecution has successully discharged its onus to sho( that the general considerations or an accusation or rape (ere in avor o the plaintif and against the accused. 0ased upon the oregoing, the prosecution has sho(n that the evidence is su:cient to prove beyond reasonable doubt, or through circumstantial evidence, that the accused committed the crime o rape (hile unconscious against the complainant. +t is respectully prayed that the =onorable Court overrule the 4emurrer to Evidence presented by the accused. !ther relies, Fust and e@uitable, are li/e(ise prayed or. +loilo City, Philippines, 4ecember , %&#.
-tty) Phillip 6en Binayas Assistant City Prosecutor
-tty) .ionne 0lenn Sal'illa Private Prosecutor
Copy "urnished
-tty) "er(in Sornito Jr) Counsel or the Accused
-TT/) Cecil cha'o Counsel or the Accused
