Republic of the Philippines
REGIONAL TRIAL COURT
10th Judicial Region
Branch 30
Surigao City
PEOPLE OF THE PHILIPPINES,
Complainant,
CRIMINAL CASE NO. 5580
-versus- For: Rape (Art. 335, par (3), Revised
Penal Code)
JOSE A. GONZALES,
Defendant.
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MEMORANDUM
(For the Defendant)
PLAINTIFF, through counsel, to this Honorable
Court, most respectfully alleges:
I.
STATEMENT OF THE CASE
This is a complaint for Rape under Art. 355, par (3), of
the Revised Penal Code filed by the complainant against the
defendant for committing carnal knowledge towards the victim
on December 15, 2016, March 3, 2017, and September 17,
2018.
II.
STATEMENT OF THE FACTS
1. That Jose A. Gonzales, Filipino, of legal age, a board
member of the Province, with residence at No. 12
Bautista Street, Barangay Palanan, Makati City.
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2. That on April 1, 2016 Mr. Jose A. Gonzales met the
victim, Ms. Areola Marrie L. Malibugan in the school of
the victim.
3. That the victim was still 12 years old at that time.
4. That despite that knowledge, Mr. Jose A. Gonzales
continued to court the victim.
5. That because of fear knowing that Mr. Jose A. Gonzales,
a public officer, has so much influence, the victim agreed
to have a relationship with him.
6. That on December 15, 2016, March 3, 2017, and
September 17, 2018, Mr. committed the crime of Rape.
7. It took me several years before the victim was able to
overcome my fear and told me, Teresa Malibugan, what
happened to her.
8. The elements of rape are carnal knowledge, force or
intimidation, and the commission of the act without the
consent or against the will of the woman, or when the
latter is under twelve (12) years of age or when she is
deprived of reason or otherwise unconscious.
9. Based on the foregoing, it is beyond cavil that respondent
Patrick Mercado committed the crime of rape punishable
under Art. 266 par. D of the RPC. He had sexual
intercourse with the victim despite knowing that she was
just twelve years old. This constitutes statutory rape as
defined in our laws.
III.
STATEMENT OF ISSUES
1. Whether or not the defendant is guilty of Statutory Rape?
IV.
ARGUMENTS
THE DEFENDANT IS LIABLE FOR RAPE UNDER (Art. 335, par
(3), Revised Penal Code)
Article 335. When and how rape is committed. - Rape is
committed by having carnal knowledge of a woman under any
of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise
unconscious; and
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3. When the woman is under twelve years of age, even though
neither of the circumstances mentioned in the two next
preceding paragraphs shall be present.
The crime of rape shall be punished by reclusion perpetua.
Whenever the crime of rape is committed with the use of a
deadly weapon or by two or more persons, the penalty shall be
reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall be death.
When rape is attempted or frustrated and a homicide is
committed by reason or on the occasion thereof, the penalty
shall be likewise death.
When by reason or on the occasion of the rape, a homicide is
committed, the penalty shall be death. (As amended by R.A.
2632, approved June 18, 1960, and R.A. 4111, approved June
20, 1964).
In People v. Apron, citing People v. Macafe, the court
explained that consent is immaterial, and force and
intimidation are not necessary in every prosecution for
statutory rape, viz:
Rape under paragraph 3 of Article 335 is termed
statutory rape as it departs from the usual modes of
committing rape. What the law punishes is carnal knowledge
of a woman below twelve years old. Hence, force and
intimidation are immaterial; the only subject of inquiry is the
age of the woman and whether carnal knowledge took place.
The law presumes that the victim does not and cannot have a
will of her own on account of her tender years; the child’s
consent is immaterial because of her presumed incapacity to
discern evil from good. (Emphasis in the original and
underlining supplied)
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V.
CONCLUSION
With the laws and jurisprudence presented, the plaintiff,
through their counsel believes that the defendant is liable for
statutory rape.
VI.
PRAYER
WHEREFORE, premises considered plaintiff respectfully pray
to the Honorable Court that judgment be rendered in their
favor as follows:
1. Declare Jose A. Gonzales liable for statutory rape under
Art. 335 par. 3 or the Revised Penal Code.
Some other relief and remedies as may be deemed just and
equitable under the premises are likewise prayed for.
RESPECTFULLY SUBMITTED.
Surigao City, August 26, 2020.
JOSE ROLLY B. GONZAGA
Assistant City Prosecutor
IBP No. 534585; 03/10/2015- Quezon City
PTR No. 64936; 03/10/2015- Quezon City
Roll No. 061793; 02/17/2015
MCLE No. 5-321; 01/15/17
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Copy Furnished:
Atty. VANNESA R. COMPASIVO
City Prosecutor
City Prosecutor’s Office
Hall of Justice, Capitol Compound
Surigao City