CASE STUDY 3 - RAPE

Heart De Jesus Version:

On 8 January 2015, at around 8:00 oclock in the evening, while selling
barbeque in the corner of Sereno and Carpio Streets in Sandroville,
Pasig City, Heart De Jesus, a fifteen (15) year old Grade 9 student, was
invited by her friend John Maranan, a twenty (20) year old tricycle
driver, for a drinking session. Since John also wanted to invite Hearts
eighteen (18) year old sister, Shaine, and the latters nineteen (19)
year old friend, Precy, he and Heart went to the latters house to invite
them for the session. Shaine wanted to drink in their house but John
insisted that they drink in his rented house in Sandroville Sikat Araw,
Pasig City. John prevailed and they all went to his house which was at
the second floor of an apartment. There, John left them for a while to
buy a liter of Emperador in a store. They started drinking inside the
house at around 9:00 oclock in the evening after John returned from
the store with a bottle of Emperador. During the drinking session, it
was John who poured liquor in their respective glasses. After thirty (30)
minutes of drinking, however, Heart, Shaine and Precy decided to go
home. While on their way home, John urged Heart to return to his
house to finish the bottle of Emperador. Heart admitted returning to
Johns house without Shaine and Precys knowledge.
She also
admitted that she never saw anyone when she returned to Johns
house, which was still lighted. She likewise observed that the house
below was still lighted, although she insisted that the occupants might
have already been asleep. While inside Johns house, they staged
another drinking session, which lasted for an hour. She admitted that
in said session, she was able to consume more alcohol than John. She
remembered feeling dizzy and falling asleep on the wooden bed
located in the sala. She recounted that she was only awakened when
John started to lick her vagina. She tried to push him away and
resisted his sexual advances, but John successfully inserted his penis
into her vagina despite her opposition. She felt pain in her vagina and
lost again her consciousness shortly thereafter.
Meanwhile, back in Hearts house, Shaine cried when she learned that
Heart was not still home. As Shaine got worried of Heart, she, together
with her mother and brother and Precy, went to Johns house to look
for Heart. When John opened the door, they noticed that the room was
not lighted and that Heart was still sleeping inside. Heart admitted
that it was Shaine who woke her up, while her brother summoned the
Pasig Security Unit in Sandroville. Subsequently, without being armed
with a Warrant of Arrest, Olivia of the Pasig Security Unit arrested John,
who was prevented from going outside the house by their mother.

After the arrest, PSU Officer Olivia brought John to the barangay. Heart
admitted that she hardly remembered anything at that time and
regained consciousness only when it was already 4:00 oclock to 5:00
oclock in the morning of the next day, when she narrated what had
happened to her. She further admitted that their mother was furiously
mad at her, which was the reason why a complaint was filed in the
barangay to look at the possibility of her having been raped. She
subsequently executed her Sinumpaang Salaysay before the Pasig City
Police Station Women and Children Protection Desk with the assistance
of her mother. Police Officer Sebastian subsequently prepared a Case
Referral for the case.
As part of police procedure, Shaine accompanied Heart to the
Philippine National Police Camp Crame Crime Laboratory in Quezon
City for medico-legal examination. There, Police Chief Inspector Cruz,
who received from the Criminal Investigation and Detection Group
(CIDG) a request for genital examination on Heart, asked Heart to
accomplish a Sexual Protocol Crime form, in addition to Shaines
execution of a Manifestation of Consent to the physical and genital
examinations to be conducted. Following completion of the forms,
physical and genital examinations were conducted upon Heart. After
examination, an Initial Medico-Legal Certificate was issued to Heart
followed by a Final Medico-Legal Certificate. When asked about his
findings, Police Chief Inspector Cruz elucidated that he found in Hearts
genital area shallow healed laceration at the 3 and 9 oclock position
and explained that there is a blunt object that entered the female
genitalia that produced a trauma or lacerations.
John Maranans Version:
John confirmed knowing Heart for almost three (3) months since she
had been selling barbeque in a stall which was along his tricycle route.
He also confirmed that he had been in Hearts residence twice and had
already met her parents and siblings. He claimed that on 8 January
2015, as he about to park his tricycle near the house of his tricycle
operator, Simon, the group of Heart, Shaine and Precy approached him
to ask if he had money since they wanted to go drinking in the nearby
beer house. To save money, he suggested they just drink in his house.
The 3 agreed and after they bought a bottle of Emperador, they went
to his house where they all stated drinking. As he was so drunk, he fell
asleep and was just awakened the following morning when a police
officer went to his house and brought him to the barangay. He was
shocked to learn that Heart was accusing him of raping her. He was
brought to the Pasig City Police Station, where Heart made her
Sinumpaang Salaysay. He completely denied raping Heart, insisting
that all 3 were with him in his house when they were drinking and that

when he fell asleep, all 3 were still there drinking. He also insisted that
his arrest without a warrant was invalid and illegal.