Beruflich Dokumente
Kultur Dokumente
Department of Justice
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
PROVINCE OF ISABELA
Cabagan, Isabela
-versus- FOR:
RAPE IN RELATION TO R.A. 7610
JOEMEL S. ____________,
Respondent.
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PREFATORY STATEMENT
ARGUMENTS
The long standing rule is that when an alleged victim of rape says she
was violated, she says in effect all that is necessary to show that rape has
indeed been committed. The prosecution must carefully read the complaint
if all the elements of the crime of rape were present. If the investigating
prosecutor found out the all the elements of the crime are present then
there is probable cause to indict the respondent for the charge, otherwise, it
must fail;
Assuming without admitting and for the sake of arguments, that the
narration of sexual encounter between the complainant and respondent
took place, the same do not constitute the crime of rape.
1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
The elements necessary to sustain a conviction for rape are: (1) the
accused had carnal knowledge of the victim; and (2) said act was
accomplished (a) through the use of force or intimidation, or (b) when the
victim is deprived of reason or otherwise unconscious, or (c) when the
victim is under 12 years of age or is demented.( People vs. Patentes. G.R. No.
190178, February 12, 2014);
On the other hand, the provision of sexual abuse under R.A. No. 7610
provides:
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The elements of sexual abuse under Section 5, Article III of Rep. Act
No. 7610 are the following:
The High Court has held in People v. Amogis, 420 Phil. 278, 292 (2001)
that resistance must be manifested and tenacious. A mere attempt to resist
is not the resistance required and expected of a woman defending her
virtue, honor and chastity.
On the other hand, the term “coercion and influence” used under
Section 5 of R.A. No. 7610 is broad enough to cover force and intimidation
under the rape law. Force and intimidation under the Rape Law focus on the
specific force or intimidation employed by the offender while force and
intimidation under R.A. No. 7610 are broader concept under the term
“coercion or influence” of said law. To note, the term "influence" means the
"improper use of power or trust in any way that deprives a person of free
will and substitutes another's objective." Meanwhile, "coercion" is the
"improper use of x x x power to compel another to submit to the wishes of
one who wields it”.( People vs. Ejercito, G.R. No. 229861, July 2, 2018)
PRAYER
Other reliefs, just and equitable under the premises are likewise
prayed for.
RESPECTFULLY SUBMITTED.