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DGreat Law Office

444 Julo Street, Hinoba-an, Negros Occidental


January 29, 2013
Mr. Sam Villa
234 Rizal Street
Cebu City Cebu

Re: Possible Criminal Charges against You

Dear Mr. Villa:


You requested legal opinion from our law office regarding possible criminal charges
against you by your girlfriends parents and a possible civil and criminal charges against
you by Cathy dela Cruz .
The facts gathered, from you and your documents are as follows:
The victim, Lucy Silva was your girlfriend. At the day of the consummation of the crime
you, together with your girlfriend was at your friends party. At the party you got terribly
drunk. The last thing you could remember is that you dragged Lucy to the stairs and
when you woke up in your friends room, Lucy was crying beside you. She accused you
of forcing yourself unto her. According to you the incident was witnessed by another
guest in the house. Afterwards Lucys parents arrived with the police wherein you were
arrested and detained.
Our answer is that a rape charged, in order to be proved consummated must be
without reasonable doubt and must fulfill the requisites of rape under RA 8353. These
are:
1) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:
a) Through force, threat or intimidation;
b) When the offended party is deprived of reason or is otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority;
d) When the offended party is under twelve (12) years of age or is demented, even
though none of the circumstances mentioned above be present.
2) By any person who, under any of the circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual assault by inserting his penis into another
persons mouth or anal orifie, or any instrument or object, into the genital or anal
orifice of another person.

The issue here is clear: its whether or not you committed rape. In my opinion, you are
not liable for rape in terms of the information given by you to us that states; The last
thing you could remember is that you dragged Lucy to the stairs and when you woke up
in your friends room, Lucy was crying beside you. She accused you of forcing yourself

unto her. According to you the incident was witnessed by another guest in the house.
Here, rape must not be allege but must be proved.
In the dissenting opinion of Justice Abad Santos on the case of People v. Balbuena and
Torres, he states that if there was sex, it could be with the victims consent. The
circumstances support the consensual view.
1) There was no determined resistance by Elvira nor did she shout for help considering
that there were other persons in the premises.
2) She had no signs of extragenital injury nor any kind of injury for that matter. While it
is true that there can be a conviction for rape even absent signs of injury still there
must be other convincing evidence. In the case at bar there is none other than the
say so of the complainant.

In the foregoing circumstances it would be impossible for rape to happen considering


the facts that there was a party and Lucy could easily get help among the guests if she
wanted to. And considering also the fact that you are drunk without a weapon it would
make it easier for her to run away and ask for help which was described above on the
first view of Justice Abad Santos on People v. Balbuena and Torres. Since you did not
mention any medico legal report, I cannot say about the second circumstance
mentioned. Also in People v. Lago regarding your dragging of Lucy and her allege
refusal it was pointed out by the Supreme Court according to the case that there must
be physical struggle, taxing her power to the utmost. Thus, mere initial resistance of the
offended party in rape cases is not the manifest and tenacious resistance that the law
requires.
Also the fact that shes crying and accuses you of forcing yourself into her does not
mean that rape was consummated. It is clear for rape to be consummated there must
be a clear showing that you have carnal knowledge with her which was not found in the
information that you send.
The case of People of the Philippines v. Rodel Singson the Court in its decision states;
With so many inconsistencies and incompatibilities with common experience, the
Court is unable to see the unfiltered truth. To conclude, the evidence failed to overcome
the constitutional presumption of innocence of the accused. Which I strongly believe
will be applicable in your situation base on the facts you presented to us.
But be aware that even though you may be acquitted of rape you might still be liable for
other charges that the parents may file considering she is yet a minor at the time of the
happening of the event.

Aside from the rape charges, you were also concerned on your relationship with Cathy
dela Cruz who resides in Dumaguete City wherein you were engaged with her.
According to you Cathy is two months pregnant and you two is scheduled to be married
as soon as you get a stable job. However you changed your mind when you met Lucy.
Breach of promise to marry is not an actionable wrong. In fact, Congress deliberately
eliminated from the draft of the new Civil Code the provisions that would have it so. It
must not be overlooked, however, that the extent to which acts not contrary to law may

be perpetrated with impunity, is not limitless for Article 21 of the Civil Code provides
that any person who willfully causes loss or injury to another in a manner that is contrary
to morals, good customs or public policy shall compensate the latter for the damage.

One thing: my opinion is based on the laws and the jurisprudence applicable to your
situation. If by any circumstance they take their plight in court and file rape charges
against you, I am confident of your acquittal.

Very truly yours,


Juan Romulo R. Taleon

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