Republic of the Philippines DEPARTMENT OF JUSTICE OFFICE OF THE CITY PROSECUTOR ______________ ________________ __ City
JENNY S. DELA CRUZ, CRUZ , rep. by her parents, JOHNNY R. DELA CRUZ an& CRUZ an& ELENA S. DELA CRUZ, CRUZ, Copl!in!nts"
I.S. Ns. !"#!$"%$""# an& !"#!$"%$""!
FOR# RAPE AND FRUSTRATED 'URDER $%e&sus$
JA'(Y C. 'ADRI)AL " Respon'ent(
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The Respon'e Respon'ent" nt" JAM+, C( MADRI-A. MADRI-A."" /!s ch!&0e' of the c&ies of RAPE !n' FRUSTRATED MURDER in ! copl!int file' by he&ein copl!in!nts" JENN, S( MADRI-A."" ! ino& &ep&esente' MADRI-A. &ep&esente' by he& p!&ents" JUAN R( DE.A CRU1 !n' CRU1 !n' E.ENA S( DE.A CRU1( CRU1 ( In suppo&t suppo&t of he& copl!i copl!int" nt" the he&ein he&ein copl!in copl!in!nts !nts !tt!che' !tt!che' the follo/in0 follo/in0 'ocuents# 2( Copl!in Copl!intt Affi'! Affi'!%it %it of Jenny Jenny S( Del! C&u34 C&u34 5( Affi'! Affi'!%it %it of Johnn Johnny y R( R( Del! C&u34 C&u3 4 6( Affi'! Affi'!%it %it of -o&io -o&io C( Toe Toe44 7( Affi'!% Affi'!%it it of +&0y( +&0y( C!pt!i C!pt!in n 8icto& 8icto& M( Uy Uy44 9( Me'ic!l Me'ic!l Ce&tif Ce&tific!t ic!te:Re e:Repo&t po&t of of D&( +&en'! +&en'! T( T( Esol!& 4 ;( Police Police Reco& Reco&' ' of E%ents E%ents !n' othe&s( othe&s( As his counte&" the &espon'ent &espon'ent !tt!che' the follo/in0 'ocuents 'ocuents to suppo&t his 'eni!l of the !lle0!tions !0!inst hi# 2( Counte& Counte&$Af $Affi'! fi'!%it %it of J!by J!by C( C( M!'&i0!l M!'&i0!l44 5( Affi'! Affi'!%it %it of M!&io M!&io T( M!'&i0!l M!'&i0!l(( Statement of Facts
+!se' +!se' on the in%esti0!t in%esti0!tion ion con'ucte' con'ucte' by the Police In%esti0! In%esti0!to&" to&" PO5 JO8IT C
25" !t !&oun' 5#>> in the !fte !fte&n &noo oon n o&e o&e o& less less in +&0y +&0y(( C!ni C!nito to!n !n"" C!0! C!0!y y!n 'e O&o O&o City City"" Philippines" the &espon'ent" JAM+, C( MADRI-A. MADRI-A."" /ith le/' 'esi0n 'i' the&e !n' then" /ilfully" unl!/fully !n' feloniously h!' c!&n!l ?no/le'0e /ith the %icti" JENN, S( DE.A CRU1" CRU1" ! 25$ye!& 25$ye!& ol' ino&( ino&( Th!t p&io& p&io& to th the c!&n!l !ct" the %icti !n' the &espon'ent c&osse' p!ths p!ths in 9 St&eet in the s!i' b!&!n0!y b!&!n0!y(( Respon'ent Respon'ent 0&!bbe' 0&!bbe' the %icti %icti !n' '&!00e' '&!00e' he& to the bushes bushes !lon0 !lon0 the left si'e si'e of the &o!'(
the&e" h!' c!&n!l ?no/le'0e /ith the %icti( Afte& /hich" &espon'ent left the %icti( Du&in0 th!t tie" the %icti 0!ine' consciousness but un!ble to o%e( Th!t on o& !bout !n hou& l!te&" &espon'ent c!e b!c? c!&&yin0 /ith hi ! ?nife( Th!t" by e!ns of t&e!che&y !n' !buse of supe&io& st&en0th" &espon'ent !tt!c?e' !n' st!bbe' the %icti th&ee ties in the chest !n' st&uc? he& he!' /ith ! &oc?4 thus c!usin0 he& to !0!in lose consciousness( Th!t on o& !bout 2@ th of June" 5>25" !&oun' p!st i'ni0ht" the %ictis f!the&" JO> in the !fte&noon" he /!s p!ssin0 !lon0 9 th St&eet /hen he s!/ the &espon'ent ee&0in0 f&o the bushes besi'e the &o!'( > noon" he /!s !tten'in0 the bi&th'!y p!&ty of his uncle" M!&io T( M!'&i0!l" in the l!tte&s &esi'ence loc!te' in P(N( Ro!" C!0!y!n 'e O&o City( > in the !fte&noon" he b!'e 0oo'bye to his uncle !n' '&in?in0 bu''ies !n' he /en
hoe !bo!&'in0 ! eepney( > noon( > in the !fte&noon" his nephe/ b!'e 0oo'bye to hi !n' /ent hoe( The &espon'ent h!s in%o?e' !n' !%!ile' of fo& his &i0ht to ! p&eliin!&y in%esti0!tion(
A&ticle 5;;$A of the Re%ise' Pen!l Co'e specific!lly st!tes# Art. !**$A. Rape, When and How Committed. G R!pe is coitte'# 2( +y ! !n /ho sh!ll h!%e c!&n!l ?no/le'0e of ! /o!n un'e& !ny of the follo/in0 ci&cust!nces# *** b( Hhen the offen'e' p!&ty is 'ep&i%e' of &e!son o& is othe&/ise unconscious4 *** The facts of the case before us fall under the crime of rape. By force and intimidation, the respondent had taken advantage of his superior strength and employed means to weaken the defense of the victim by slapping her face and boxing her twice in the stomach which rendered the latter unconscious. Thereafter, respondent had carnal knowledge with the victim, a minor, while the latter is unconscious. Such facts are proven by the positive identification by the victim of the identity of her perpetrator as well as the corroborative identification by the witness orio . Tome and the medical report presented by "r. Brenda #smolar.
A&ticles 57@ !n' 59> of the Re%ise' Pen!l Co'e specific!lly st!te# Art. !+. Murder. G Any pe&son /ho" not f!llin0 /ithin the p&o%isions of A&ticle 57;" sh!ll ?ill !nothe&" sh!ll be 0uilty of u&'e& !n' sh!ll be punishe' by reclusion perpetua to 'e!th if coitte' /ith !ny of the follo/in0 !tten'!nt ci&cust!nces# 2( Hith t&e!che&y" t!?in0 !'%!nt!0e of supe&io& st&en0th" * * *" o& eployin0 e!ns to /e!?en the 'efense" * * *4
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Art. !-". enalty for frustrated parricide, murder, or homicide. G The cou&ts" in %ie/ of the f!cts of the c!se" !y ipose upon the pe&son 0uilty of the f&ust&!te' c&ie of p!&&ici'e" u&'e& o& hoici'e" 'efine' !n' pen!li3e' in the p&ece'in0 !&ticles" ! pen!lty lo/e& by one 'e0&ee th!n th!t /hich shoul' be ipose' un'e& the p&o%isions of A&ticle 9>(
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The facts of the case also fall under the crime of frustrated murder. The time element that lapsed in between, when respondent left the victim after the commission of rape and when he returned back to kill the latter to ensure her death, sufficiently constitute treachery on the part of the respondent. $e committed the act of killing against the person of the victim and employed means in the execution thereof, by hitting the victim%s head with a rock and stabbed her thrice in the body, in order to insure the execution thereof. Thus, the crime committed is murder. $owever, although the respondent has performed all the acts of execution which would produce the crime of murder as a conse&uence, nevertheless it did not produce it by reason of causes independent of the will of the perpetrator, that is due to the survival of the victim reslting from her timely rescue and able medical attendance rendered to the latter which prevented her demise. Therefore, the crime of frustrated murder is also committed under the facts stated.
On the p!&t of the 'efense of the &espon'ent" it is ! settle' &ule th!t !libi is the /e!?est of !ll 'efences bec!use it is f!cile to f!b&ic!te !n' 'ifficult to 'isp&o%e" !n' is 0ene&!lly &eecte'( Fo& !libi to p&ospe&" it is not enou0h to p&o%e th!t the 'efen'!nt /!s soe/he&e else /hen the c&ie is coitte'" th!t he ust li?e/ise 'eonst&!te th!t it /!s ipossible fo& hi to h!%e been !t the scene of the c&ie !t th!t tie PP %s( M!le!n!" 7= SCRA ;2>( The 'efense of !libi c!nnot p&e%!il o%e& the positi%e i'entific!tion of the !ccuse' !s the pe&pet&!to& of the c&ie( Fo& it to p&ospe&" the !ccuse' ust est!blish physic!l ipossibility to h!%e been !t the locus criminis !t the tie of the coission of the c&ie PP %s( J!cinto" -(R( No( 2@556" M!&ch 2;" 5>22( 's regards the alibi of the respondent, that he was not at the place when the crime was committed but only thereafter as he was passing the street, heard whimpers behind the bushes and saw the body of the victim amongst it, such cannot be appreciated since the respondent failed to convince that he satisfactorily sustain such defense. 'side from the corroborative affidavit of the witness (ario (adrigal submitted by the respondent, the latter presented no further evidence to support his denial. )n addition, it is a well*settled rule that the defense of alibi cannot prevail over the positive identification by the victim of her perpetrator, when she was able to directly, positively, and categorically assert the identity of respondent as the one committing the crimes of rape and frustrated murder against her. Thus, the respondent%s defense of alibi is untenable. HEREFORE, IN /IE OF THE FORE)OIN), it is ost &espectfully &ecoen'e' th!t Info&!tions fo& the c&ies of R!pe !n' F&ust&!te' Mu&'e& be file' !0!inst the &espon'ent JAM+, C( MADRI-A.(
C!0!y!n 'e O&o City" Octobe& 2" 5>>@(
'ADELONE C. LONCION Assist!nt City P&osecuto&
APPRO8ED +,#
'ARY LYN CHARISSE A. LA)A'ON Chief City P&osecuto&
Copy Fu&nishe'# 2 J!by C( M!'&i0!l G +&0y( C!nito!n" C!0!y!n 'e O&o City 5 Johnny R( Del! C&u3 $ +&0y( C!nito!n" C!0!y!n 'e O&o City
