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Ligalig-Mike

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Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« on: July 10, 2010, 10:36:08 PM »
Putol Diretso Sa O-ten, Wa Nay Kaso-kaso
by Mike Ligalig (as published by the Bohol Standard newspaper

Sa pagsige nako ug  basa sa mga jurisprudence nga nahilambigit sa criminal law, magsige ko ug panaguto ug pangagho nga mosilaob sa kalagot ug kayugot tungod sa mga mabasahan nakong kaso nga diin mga gagmayng batang babaye nga dos o kaha tres anyos gipanglugos sa amahan, uyoan, silingan, o kaha estranghero.

   Ug dili kay bag-o lang ni nahitabo. Sukad pa sauna, liboan na ka mga panghitabo ang nahitala sa atong mga korte. Ug laing dili maihap nga mga krimen nga pagpanglugos ang wala masang-at sa korte sanglit nagapos sa kahadlok ug kaulaw ang mga biktima o kaha walay hibangkaagan ang biktima kung unsaon pagsumbong sa panamastamas nga nabuhat aron mapasaka sa korte ang linoog nga binuhatan.

   Ang dili ug dili nato matulon sa pagbasa kining mga kaso sa mga batang babaye nga gipanglugos sa kaugalingon nilang amahan. Dinhi sa Bohol, naay amahan, gilugos ang anak babaye, unya gilugos pud ang kaugalingong apo nga anak sa iyang gilugos nga anak. (Ug kadtong anak nga gilugos nalugos pud diay sa uyoan). “Truth is indeed stranger than fiction.” Ug dili kay kausa lang nahitabo sa usa ka bata, kon dili gibalikbalikan ug lugos ang bata hangtod nga nidako na. Pagkadaghan diay sa mga panghitabo nga ingon niini.

   Daghang wala masayod kay adunay balaod nga nagdili sa pagpublikar sa mga kaso sa panamastamas sa minor de edad. Bisan gani sa website sa Supreme Court ug sa decision mismo nga mabasa sa papel, puro ra AAA or BBB or XXX ang gipangalan sa biktima aron gyud matago ang tinuod nga ngalan. Gitago usab ang mga impormasyon sama sa gipuy-an ug lugar sa nahitaboan aron tiunay nga malilong ang sakit ug makauulaw nga krimen.

   Didto na nimo mahibaloan sa dihang magsugod ka ug utingkay sa mga desisyon sa Korte Suprema nga mabasa sa lawphil.net ug chanrobles.com. Ang mga kaso sa Supreme Court nga website dili kompleto. Ambot ngano. Wala man ma-update ang website sa gobyerno.

   Matod pa sa usa ka Justice sa Supreme Court, “there should be a special place in hell for all child molesters.” Uyon ba mo sa iyang gisulti?

   Apan kung maghisgot lang ta ug balaod diri sa yuta, sa way lipod-lipod nga estorya angayan nga pangputlan ug kinatawo ang mga manglulugos ug asinan ang ilang oten samtang nagdagayday ang dugo ug ang naputol nga  bahin isugba sa nagbaga nga kalayo ug sa pagkaluto na niini idasok sa tilaok sa kriminal. Pagkahuman, putlan sa dila, lugiton ang mga kalimutaw, putlon tanang tudlo, ibton tanang koko sa tiil, ug paamigasan ug ipapaak sa putyokan ang kalawasan.

   Syaro ug walay mahadlok nga manlugos ug mga bata o mga babaye. Kanang death penalty nga kasamtangang giwagtang sa nasod wala nay epekto. Pero kung buhaton ang gihisgotan nato nga “torture” sa mga lampingasan, sa mga way atay ug batikolon, grabe napud ug dili mokuyos ang ilang itlog.

   Dili na ta maghisgot anang human rights. Naay moingon nga kanang imong gisugyot, Mike, nga silot nakalapas na sa tawhanong katungod. Botbot! Unsa goy human rights? Tuo man mo anang human rights. Human rights alang sa mga walay sala ug inosente. Pero kadtong mga wa nay kasingkasing ug konsensya, wa gani na sila maghunahuna ug unsay human rights!

Ang mga biktima sa lugos wala diay silay human rights? Mao man goy nakalabad ning atong sistema sa balaod sa nasod, tua dapig sa mga kriminal. Mura ba ug mga polis ug sundalo nga kung tikloon, walay mosinggit ug human rights, apan kung ang pikas masamdan sa engkwentro, daghang alingogngog nga mosinggit ug human rights.

   Gawas nga langan ang proceso sa balaod bisag klaro na kung kinsay sad-an, matuis-tuis gihapon ang estorya kung dunay kwarta.

   Tan-awa nang nahitabo sa Ampatuan massacre. Ang mga alimatok nabulahan sa desisyon ni Agra. Hangtud karon, hapit na mousa ka tuig human sa linuog nga pagpang-ihaw ug tawo nga mga inosente ug walay sala, wala pay nabalhog sa Muntinlupa.

   Kining rape dili na ni angay iagi ug trial sa korte. Medical examination lang (DNA test) ug testimonya sa biktima. Pagkahuman, dakop dritso, putol sa oten, dila, unya abison nang ngabil, ug kiskisan nang ulo ginamit ang pusang botelya sa Mallorca.

   Kung di pa ta kontento sa maong silot sa mga manglulugos, pwede atong sundogon tong gibuhat ni Polpot sa S-21 Prison House didto sa Phnom Penh, Cambodia.

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fdaray

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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #1 on: July 11, 2010, 04:34:33 PM »
Mike,  tungod sa atong balaod nga subra ra ka lenient. Bisan ug makita ang criminal nga maoy nagpatay pinaagi sa usa ka witness, enocente lang gihapon mintras walay court decision.
Life is what you make.
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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #2 on: July 11, 2010, 06:03:48 PM »
there was a law before in Germany that imposed castration for criminals under this category.

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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #3 on: July 12, 2010, 10:25:54 AM »
Mike, uyon ko sa imong decision nga putlan plus  bitayon pinatuwad
        nga hubo ibabaw sa balay sa hulmigas sa tunga sa plaza unya latigohon.
        Pagka hayop ug  maayo hinayopon ug tratar, panitan sama
            sa kanding gibitay... >:(
Every Christian has GPS -God-Provided Salvation!
It may not guide you to everywhere you want to go in this world, but it will ensure  that you arrive safely in heaven.

bugsay

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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #4 on: July 13, 2010, 11:32:47 AM »

light ra kaayo nga punishment, maam StatesV....para nako...dubduban. >:(
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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #5 on: July 13, 2010, 09:17:16 PM »
Unsaon na lang ug babaye maka commit ug krimen, unsa man pod ang putlon?  ???
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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #6 on: July 14, 2010, 08:59:31 AM »

As in, baje ang mag-rape? Hmm...
...than to speak out and remove all doubt." - Abraham Lincoln

islander

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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #7 on: July 14, 2010, 09:28:26 AM »

naa ba kahay laking moreklamo?
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

islander

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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #8 on: July 14, 2010, 10:05:25 AM »
ang hadlok lang ani nga punishment kay simbako ug:

1)  case of mistaken identity
2)  nisumbong ang babaye ug rape pero ang baye diay ang nang-rape.  unya kay adunahan ang baye ug ang laki nga putlanan wa jamo, di gani intawon maka-hire ug good lawyer

like capital punishment (death), di ko pabor ani.  sa ato ra ba kay kung wrongful sentence di baya mobayad ang gobyerno.  maayog amerika kay daghan nag nakasuhan nga nabayran.  bisan pa, a big part of one's life has been lost.

life sentence na lang kaha.  prisohon nga way parole. :(  

cujo

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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #9 on: July 14, 2010, 10:16:58 AM »
Maybe put a mark on his forehead that says "RAPIST",so that everywhere he goes people would know!
By the way in the biblical book how did God mark Cain for killing his brother Abel ?

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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #10 on: July 14, 2010, 10:23:31 AM »
dila,[/b] unya abison nang ngabil, ug kiskisan nang ulo ginamit ang pusang botelya sa Mallorca.


Nganong apilon man og putol ang dila? ???

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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #11 on: July 15, 2010, 12:02:08 PM »
This case was decided by the Supreme Court in January 2010 (just this year)

Republic of the Philippines
SUPREME COURT
Manila

FIRST DIVISION

G.R. No. 177152 :: January 6, 2010

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MANUEL BAGOS, Accused-Appellant.

D E C I S I O N

LEONARDO-DE CASTRO, J.:

On appeal is the Decision1 dated December 19, 2006 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 01669 which affirmed with modification an earlier decision2 of the Regional Trial Court (RTC) of Burgos, Pangasinan, Branch 70 in Criminal Case No. B-130, finding accused-appellant guilty beyond reasonable doubt of the crime of rape and imposing upon him the penalty of reclusion perpetua.

Consistent with our decision in People v. Cabalquinto,3 the real name of the rape victim in this case is withheld and, instead, fictitious initials are used to represent her. Also, the personal circumstances of the victim or any other information tending to establish or compromise her identity, as well as those of her immediate family or household members, are not disclosed in this decision.

In the RTC, accused-appellant was charged with the crime of rape in an Information4 dated July 27, 1998. The crime was alleged to have been committed as follows:

That on or about the month of May, 1998, along the river bank of Baling-caguing River, at sition Camanggaan, barangay Caranglaan, municipality of Mabini, province of Pangasinan, Philippines and within the jurisdiction of this Honorable Court, the above-named accused with lewd design, by means of force and intimidation, did then and there, willfully, unlawfully and feloniously grab, pull and force [AAA], 10 years old, a minor to sit on his lap, thereafter removed her panty and his pants, inserted his penis to her vagina and have carnal knowledge to the said victim, to her damage and prejudice. (Words in bracket ours)

x x x           x x x          x x x

When arraigned on November 25, 1998, accused-appellant pleaded not guilty to the crime charged. In the course of the trial, the prosecution presented the testimonies of AAA, the victim; BBB, the victims mother; Dr. Maribel Lazo, Municipal Health Officer of Mabini, Pangasinan; and PO2 Alonzo Bagua, member of the Philippine National Police in Mabini, Pangasinan.

The prosecutions version of the incident is succinctly summarized by the Office of the Solicitor General in its Appellees Brief,5 to wit:

Sometime in the month of May 1998, [AAA], her older brother [CCC], younger sister [DDD] and friend Michael (surname not on record) went to Baling-Caguing River, sitio Camanggaan, barangay Caranglaan, Mabini, Pangasinan from their house to take a bath.

While they were bathing, [CCC] and Michael decided to fish at a different location in the river about fifty (50) meters from where the sisters were bathing. Thereafter, [DDD] left [AAA] to join the two (2).

Later, [AAA] prepared to leave and follow her companions. However, appellant Manuel Bagos who was bathing nearby suddenly pulled her left leg causing her to slip towards him. He then lowered the panty of [AAA] up to the level of her knees and, thereafter, removed his pants.

Appellant sat down and seated [AAA] on his lap while they were in the water which was neck-deep in that position. [AAA] boxed the thighs of the appellant saying: "no uncle." Despite [AAAs] protestations, appellant placed his left hand over her stomach and used his right hand to insert his penis inside her vagina which caused her pain. After satisfying his lust, appellant threatened to shoot [AAA] if she reported the incident to anybody.

[AAA] was frightened by the threat of appellant because she had seen his gun when they played in his house one time prior to the incident. [AAA] then went to the river bank and waited for her companions after getting dressed.

[BBB], [AAAs] mother, testified that [AAA] was ten (10) years old when the incident happened since she was born on July 18, 1987 as shown by her birth certificate which was identified and marked as Exhibit B. On June 17, 1998, she was troubled by the unusual questions of her daughter such as: "Mama, is my stomach getting bigger?"; and "Mama, is my neck beating faster?" She then confronted [AAA] and asked her if somebody molested her. [AAA] answered in the affirmative and identified appellant as the culprit.

[AAA] underwent physical examination on June 18, 1998 which was conducted by Dr. Maribel Lazo who prepared the medico-legal report with the following findings:

Healed laceration of the hymen with non-coaptable borders and retraction of the edges indicating that the laceration took place long before the day of the physical examination.

Dr. Lazo explained that the report meant that the hymen had been ruptured and that the laceration took place longer than two weeks before the day of the physical examination or that [AAA] was no longer a virgin at the time of the physical examination.6 (Words in bracket ours)

On the other hand, the defense relied on the lone testimony of accused-appellant himself. The CA summarized the defenses version as follows:

For the defense, accused-appellant was the sole witness. He denied swimming or bathing in the river near his house in May 1998, and claimed that he only went near the river to gather coconuts. While gathering coconuts, he noticed that a number of children were bathing in the river, including [AAA], as well as her brother and sister. Accused-appellant has known [AAAs] parents for approximately ten years because they were neighbors. [AAAs] grandmother and accused-appellants father are also first cousins. He insisted that he stayed at the river bank while gathering coconuts, but never went near [AAA]. He denied that he raped [AAA], much less squatted on the river while raping [AAA], explaining that he is inflicted with a physical defect that renders him incapable of squatting down. He recounted that when he went to their barangay hall, the barangay captain asked him if he could afford to settle the case. Accused-appellant answered that he would not settle because he was innocent of the crime charged against him.

He speculated that [AAAs] family accused him of raping [AAA] due to a family misunderstanding. According to him, [AAAs] family cut a tamarind tree in a parcel of land owned by his deceased grandfather, made lumber out of the said tamarind tree, and used it to build a house. Upon instruction from his father, accused-appellant then told the family of [AAA] to stop cutting the tree. The rape charge could also have been spawned by a boundary dispute between [BBBs] father and accused-appellant himself. The father of [BBB] allegedly did not observe the correct boundaries in fixing his fence; thus, accused-appellant advised him to build his fence farther so as not to intrude on accused-appellants own land.7 (Words in bracket ours)

In a decision8 dated December 15, 1999, the RTC rendered its decision convicting accused-appellant of the crime of rape, the dispositive portion of which stated:

WHEREFORE, premises considered, this Court finds accused Manuel Bagos guilty beyond reasonable doubt of the crime of Rape as charged and hereby sentences him to suffer Reclusion Perpetua. As regards the accused pecuniary liabilities, he is ordered to indemnify the complainant [AAA] the amount of P50,000.00 as civil indemnity in addition to another P50,000.00 as moral damages. (Words in bracket ours)

SO ORDERED.9

Accused-appellant filed a Notice of Appeal dated January 26, 2000 with this Court.10

On September 20, 2004, conformably with our pronouncement in People v. Mateo11 which modified the provisions of the Rules of Court insofar as they provide for direct appeals from the RTC to this Court in cases where the penalty imposed by the trial court is death, reclusion perpetua or life imprisonment, the Court resolved to refer the case to the CA for appropriate action and disposition.12

In the assailed Decision dated December 19, 2006, in CA-G.R. CR-HC No. 01669, the CA upheld the conviction of accused-appellant and affirmed with modification the decision of the RTC. The CA added an award of exemplary damages in the amount of P25,000.00 in line with prevailing jurisprudence.

From the CA, the case was then elevated to this Court upon filing by accused-appellant of a notice of appeal on January 8, 2007.13 In its Resolution14 of June 27, 2007, the Court required the parties to submit their respective supplemental briefs, if they so desire. Both parties, however, manifested that they were dispensing with the filing of a supplemental brief as their arguments have already been substantially discussed in their respective briefs filed before the CA.15

In support of his appeal, accused-appellant assigns the following errors:

    I

    THE COURT A QUO ERRED IN GIVING DUE WEIGHT AND CREDENCE TO THE UNRELIABLE AND UNCORROBORATED TESTIMONY OF THE COMPLAINING WITNESS, THEREBY CASTING GRAVE DOUBTS AS TO THE CRIMINAL CULPABILITY OF THE ACCUSED-APPELLANT.

    II

    THE COURT A QUO ERRED IN CONVICTING ACCUSED-APPELLANT OF THE CRIME CHARGED DESPITE THE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.16

Accused-appellant contends that the testimony of AAA is incredible, unconvincing and inconsistent with human nature. He particularly points out the part of her testimony where accused-appellant allegedly pulled her panty down to her knees, removed his pants while standing, made her sit on his lap while in the water and inserted his penis into her vagina. Accused-appellant claims that this is incredulous, considering that he had a slight physical defect on his leg and could not have inserted his penis into AAAs vagina with ease and without ripping her panty if the same had been pulled down only to AAAs knees. According to accused-appellant, that AAA did not shout for help during the incident was likewise contrary to common experience. AAA could have done so since she knew fully well that her companions were fishing nearby and could have heard her.

Accused-appellants contentions essentially assail the credibility of AAAs testimony. We must reiterate that, ultimately, when the issue is one of credibility of witnesses, appellate courts will generally not disturb the finding of the trial court unless it has plainly overlooked certain facts of substance and value that, if considered, might affect the result of the case. This is so because the trial court is in a better position to decide the question, having heard the witnesses and observed their deportment and manner of testifying during the trial.17 Accused-appellant miserably failed to convince us that his case presents an exception to this established rule. The observation of the RTC on this point is worth quoting here:

It can be deduced from the foregoing testimony of [AAA] that she was credible, straightforward, categorical and logical and that she was not motivated by ill will and malice in testifying against Manuel Bagos, notwithstanding the vigorous and extensive cross-examination by the defense. She wants justice in this case.18 (Words in bracket ours.)

It should not be forgotten that the victim in the present case was only ten (10) years old when the rape happened. Despite her very young age, her narration of her ordeal on the witness stand was straightforward, spontaneous and candid. Under rigid cross-examination, she was steadfast in the telling of her tragic tale of defilement and openly narrated in court her nightmarish experience at the hands of accused-appellant. We reproduce the relevant portions of AAAs testimony here:

(cross-examination removed by tubagbohol for privacy protection)

From the foregoing narration, sexual intercourse was clearly proven. Moreover, the prosecution has adequately established that the complainant was only 10 years old at the time of the rape incident, as evidenced by her Certificate of Live Birth.20 Undeniably, the instant case is one of statutory rape, the gravamen of which is the carnal knowledge of a woman below 12 years old. Sexual congress with a girl under 12 years is always rape. Thus, force, intimidation or physical evidence of injury is immaterial.21

The victims testimony that accused-appellant inserted his organ into her vagina is further corroborated by the medical findings of Dr. Maribel Lazo, the health officer who examined her. The fact that Dr. Lazo found healed hymenal lacerations about three or four weeks old, when she examined the victim on June 17, 1998, confirmed the victims claim that she was raped sometime in May 1998. Dr. Lazo explained that these lacerations could have been caused by a male sexual organ or any blunt instrument. She further testified that the victim was no longer a virgin at the time of her examination. When a rape victim's account is straightforward and candid, and is corroborated by the medical findings of the examining physician, the same is sufficient to support a conviction for rape. Where a rape victim's testimony is corroborated by the physical findings of penetration, there is sufficient basis for concluding that sexual intercourse did take place.22

Accused-appellants belabored attempt to characterize the complainants testimony as being contrary to human experience for failing to shout for help must also fail. The victims failure to shout for help does not vitiate the credibility of her account. She was only 10 years old at the time of the rape, thus, inexperienced in the ways of the world. This Court has noted in several cases that minors could be easily intimidated and cowed into silence even by the mildest threat against their lives.23 Although an older person may have shouted for help under the same circumstances, the young victim in the instant case might have been overcome by fear and was not able to shout for help. Indeed, AAA declared in open court that she was afraid when asked why she failed to shout when accused-appellant pulled down her underwear.24 Be that as it may, the absence of struggle or an outcry from the victim is immaterial to the rape of a child below 12 years of age. The law presumes that such a victim, on account of her tender age, does not and cannot have a will of her own.25

The theory of accused-appellant that that it was not possible for him to rape the complainant in a sitting position because of his physical defect was properly rejected by the RTC in this wise:

His allegation that he cannot rape [AAA] in that sitting position because of his physical defect was disproved when the Court required him to sit by placing his buttocks on the floor. With more reason then that he can sit under water which is easier to perform. This Court found to be credible and reliable the testimony of [AAA] on how she was raped by Manuel Bagos in the river.26 (Words in bracket ours)

Accused-appellant resorted to imputing ill-motives on the part of complainants family and tried desperately to impress upon the Court that the case was instituted against him because of family grudge and in order to force him to shell out money to settle the instant case. We are unconvinced. Pertinently, we held in People v. Monteron27 that:

...Not a few accused in rape cases have attributed the charges brought against them to family feud, resentment, or revenge. But such alleged motives have never swayed this Court from lending full credence to the testimony of the complainant where she remains steadfast in her direct and cross examination. Besides, no parent would expose his or her own daughter to the shame and scandal of having undergone such debasing defilement of her chastity if the charges were not true. It is unnatural for a parent to use his own offspring as an engine of malice, especially if it will subject a daughter to embarrassment and even stigma.

It must be remembered that among the witnesses for the prosecution was AAAs mother. A mother would not sacrifice the honor of her daughter to give vent to a grudge that would tarnish the latters reputation forever. It is a natural fact that mothers are protective of their children and they are willing to give up their lives to spare them from any threat or from any embarrassment, ridicule and any taint on their reputation.28 Moreover, courts usually give greater weight to the testimony of a girl who is a victim of sexual assault, especially a minor, as in this case, because no woman would be willing to undergo a public trial and put up with the shame, humiliation and dishonor of exposing her own degradation were it not to condemn an injustice and have the offender apprehended and punished.29

Anent accused-appellants objection to the purported lack of corroboration of AAAs testimony, we find the same unmeritorious. The testimonies of complainants companions at the river were dispensable and the absence thereof does not weaken the stand of the prosecution. The crime of rape is essentially one committed in secrecy, hence it is usually only the victim who can testify with regard to the fact of forced coitus. As a result, conviction may be based solely on the plausible testimony of the private complainant.30

In the present case, the conviction of accused-appellant was premised on the testimonies of complainant, her mother, and the physician who conducted a medical examination on her, as well as the medico-legal report31 presented by the prosecution which the trial court found sufficient. The judgment of conviction cannot, therefore, be regarded as unfounded or baseless.

We, thus, sustain the conviction of accused-appellant for the crime of statutory rape under Article 266-A, paragraph 1(d)32 of the Revised Penal Code (RPC).33 The penalty of reclusion perpetua was likewise correctly imposed in accordance with Article 266-B of the RPC.34 The penalty for statutory rape is reclusion perpetua, which being a single indivisible penalty, is imposable regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed.35

In line with prevailing jurisprudence, the victim, in a case for simple statutory rape, is entitled to P50,000.00 as civil indemnity, P50,000.00 as moral damages36 and P25,000.00 as exemplary damages.37 In addition to the damages awarded, we also impose on all the amounts of damages an interest at the legal rate of 6% from this date until fully paid.38

WHEREFORE, the Decision dated December 19, 2006 of the CA in CA-G.R. CR-HC No. 01669 is hereby AFFIRMED. Accused-appellant Manuel Bagos is found GUILTY beyond reasonable doubt of the crime of Rape and sentenced to suffer the penalty of reclusion perpetua. He is also ordered to pay complainant civil indemnity in the amount of P50,000.00, moral damages in the amount of P50,000.00, and exemplary damages in the amount of P25,000.00, plus interest on all damages awarded at the legal rate of 6% from this date until fully paid.

SO ORDERED.

TERESITA J. LEONARDO-DE CASTRO
Associate Justice

WE CONCUR:

REYNATO S. PUNO
Chief Justice
Chairperson
CONCHITA CARPIO MORALES
Associate Justice    LUCAS P. BERSAMIN
Associate Justice

MARTIN S. VILLARAMA, JR.
Associate Justice

CERTIFICATION

Pursuant to Section 13, Article VIII of the Constitution, it is hereby certified that the conclusions in the above Decision were reached in consultation before the case was assigned to the writer of the opinion of the Courts Division.

REYNATO S. PUNO
Chief Justice

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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #12 on: July 15, 2010, 12:29:57 PM »
On the same date (January 6, 2010), the Supreme Court release another decision on a case again related with raping a minor.

Republic of the Philippines
SUPREME COURT
Manila

FIRST DIVISION

G.R. No. 177295 :: January 6, 2010

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MARLON BARSAGA ABELLA, Accused-Appellant.

D E C I S I O N

LEONARDO-DE CASTRO, J.:

Under automatic review is the Decision1 dated September 21, 2006 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 02085 which affirmed with modification the Judgment2 promulgated on June 3, 2003 by Branch 25 of the Regional Trial Court (RTC) of Naga City convicting accused-appellant Marlon Barsaga Abella of the crime of rape, defined and penalized under Articles 266-A and 266-B of the Revised Penal Code, as amended, sentencing him to suffer the penalty of reclusion perpetua, ordering him to pay civil indemnity and damages, and further ordering him to acknowledge and support his offspring with the private offended party.

In a Minute Resolution3 dated June 27, 2007, we required the parties to file their respective supplemental briefs. The parties, however, manifested that they have exhausted their arguments before the CA and, thus, will no longer file any supplemental brief.4

The antecedent facts are culled from the records of this case. Consistent with our ruling in People v. Cabalquinto5 and People v. Guillermo,6 this Court withholds the real name of the private offended party and her immediate family members as well as such other personal circumstance or information tending to establish her identity. The initials AAA represent the private complainant and the initials BBB refer to the mother of the private complainant.

The accusatory portion of the information reads:

That sometime on December 1999, in the afternoon, at Barangay San Vicente, Municipality of Pamplona, Province of Camarines Sur, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, while armed with "Balisong" and under the influence of liquor, by means of force and intimidation and with lewd design, did then and there willfully and feloniously enter the house of herein complainant and then and there have sexual intercourse with AAA, a woman of feeble mind, against her will to her damage and prejudice.

Acts contrary to law.

Accused-appellant Abella pleaded not guilty upon arraignment.7 The pre-trial conference followed and, thereafter, trial ensued.

The prosecution presented five (5) witnesses, namely, AAA,8 BBB,9 Dr. Emelito Alegre,10 Dr. Imelda Escuadra11 and Corazon Alipante,12 and documentary exhibits consisting of the Ultrasound Report13 of AAA dated September 14, 2000 issued by Dr. Alegre, the Medical Certificate14 of AAA dated July 14, 2000 and Clinical Record15 of AAA dated June 13, 2000 issued by Dr. Alcantara, the Psychiatric Evaluation16 of AAA dated September 25, 2001 of Dr. Escuadra, and the Certificate of Live Birth17 of the daughter of AAA issued by the Office of the Civil Registrar of the City of Naga.

The defense, on the other hand, presented the testimonies of the accused-appellant18 and his father, Danilo Abella,19 and documentary exhibits consisting of two (2) Barangay Blotters20 dated March 15 and September 16, 2000 issued by the Barangay Captain of San Vicente, Municipality of Pamplona, Province of Camarines Sur.

After trial, the RTC convicted the accused-appellant. The trial court found the 38-year old AAA as a credible witness and her testimony candid and truthful despite her "moderate mental retardation" or intellectual quotient of a 7 to 8-year old child. In contrast, the trial court found that the defenses of denial and alibi of the accused-appellant were flimsy and farfetched. It further ruled that the child conceived and delivered by AAA was fathered by the accused-appellant. The dispositive portion of the judgment reads:

WHEREFORE, in view of all the foregoing, judgment is hereby rendered finding accused MARLON ABELLA y BARSAGA guilty beyond reasonable doubt for the crime of Rape, and hereby sentences him to suffer the penalty of reclusion perpetua. Accused is likewise directed to recognize [xxx] as his illegitimate daughter, and provide for her support as soon as his financial means permit. Furthermore, he is hereby ordered to pay complainant the sum of P75,000.00 as indemnity, P50,000.00 as moral damages and P50,000.00 as exemplary damages. With costs de officio.

Considering that the accused has been undergoing detention during the pendency of the trial of this case, the same is hereby credited in the service of his sentence.

The decision of the RTC was directly elevated to this Court. The accused-appellant filed his Brief21 on August 23, 2005 while the plaintiff-appellee filed its Brief22 on December 19, 2005. In a Minute Resolution23 dated February 15, 2006, we transferred this case to the CA for appropriate action conformably with our ruling in People v. Mateo.24

The CA summarized the evidence of the parties as follows:

Dr. Emelito Alegre, a radiologist and sonologist, testified that he had conducted an ultrasound examination on AAA on 10 July 2000. Through the conduct of the necessary measurements and ultrasound examination, he confirmed AAAs pregnancy. At the time of the examination, AAA was already 30.7 weeks pregnant. The testimony of the Municipal health Officer, Dr. Marietta Alcantara, in turn, was dispensed with on account of the admission of the defense of the existence and genuineness of the medical certificate that she had executed in relation to the instant case.

Dr. Imelda Escuadra of the Women and Children Protection Unit of Bicol Medical Center, Naga City, and a specialist in the field of psychiatry testified that AAA was referred to her clinic for examination and evaluation by the Department of Social Work and Development (DSWD). During the first examination, she noticed that AAA was pregnant, was coughing, but responsive, coherent and relevant with no auditory nor visual hallucinations or delusions shown. AAA, as she had observed, was not psychotic at the time of the examination.

Dr. Escuadra added that AAA had recurrent thoughts of the rape incident and the threats to kill her if she would divulge the matter. It was also observed that AAA was not oriented as regards to persons and dates and that she showed poor grasp of general information. During the last examination on 24 July 2000, AAA looked depressed and claimed that her baby was moving.

Dr. Escuadra further testified that AAAs mental ability particularly on the arithmetic aspect was poor, as she could not even count from 1-100. She concluded that although AAAs chronological age was 38 years old, she manifested a mental age of between 7-8 years old. AAAs intelligence quotient was only 51, which is classified as moderate mental retardation. Aside from her mental disadvantage, AAA also suffers from dwarfism being only three (3) feet and eight (8) inches tall.

Corazon Alipante, a psychologist of the Bicol Medical Center who conducted the psychological testing on AAA, confirmed that the latters mental capacity is functioning within the moderate mental retardation level with an average intelligent quotient of 51 and that her perception of reality is impaired.

AAA testified that she knew the appellant personally since he was a child because they lived in the same neighborhood. She narrated that sometime at around 1:00 oclock in the afternoon while she was alone at home the appellant entered their house and started molesting her. Appellant pulled down her shorts with his left hand while covering her mouth with his right hand. Appellant then placed himself on top of her and inserted his penis into her vagina. At that time, she did not shout as the appellant was holding a knife. AAA recalled that when appellant inserted his penis into her vagina, she had felt pain. Afraid for her life, she did not tell her parents about the rape incident.

Continuing with her narration, AAA stated that several months after the incident, her stomach became big. Thinking that she was just ill, she drank some bitter solution upon her mothers instruction. As her stomach continued to grow, AAA was forced to tell her mother about the rape incident. Thereafter, AAA consulted a doctor who confirmed that she was pregnant. Consequently she gave birth to a baby girl.

BBB, AAAs mother, on the other hand, testified that the appellant is the cousin of her husband. She claimed that she noticed her daughter becoming pale and thinner. She also noticed that AAAs stomach was getting bigger and thus decided to bring her to a doctor, who in turn informed her that her daughter might be pregnant. An ultrasound examination confirmed that AAA was indeed pregnant. BBB then asked her daughter who was responsible for her pregnancy, AAA replied that it was the appellant.

BBB further claimed that prior to the confirmation of the pregnancy, the appellant had given her some mahogany seeds which he said AAA should take so that she will have her menstruation. But since the mahogany seeds made AAA weaker, BBB discontinued it and decided to consult a doctor instead. Upon learning that it was the appellant who had raped her daughter, BBB immediately reported the matter to the Municipal Hall of Pamplona. Thereafter, the appellant was arrested.

BBB also testified that appellants parents had tried to settle the case by offering the sum of Twenty Thousand Pesos (P20,000.00). They however declined said offer, as it was not even commensurate to the expenses they have already spent for their daughter and her child. AAA gave birth to a baby girl on 16 August [2000] but the appellant and his family had never given them any financial support.

Aside from the testimony of the [accused]-appellant, the defense also called Danilo Abella, appellants father, to the stand. Both testimonies were principally anchored on denial, and attributed that the filing of this case against the accused was ill motivated and was due to the bad blood and personal animosities between their family and that of the complainant. Appellant contends that a certain Mang Ben, a construction worker of the China Geo, was the one responsible in impregnating the complainant.

After its review of the evidence, the CA agreed with the findings of the RTC and affirmed the conviction of the accused-appellant. However, as prayed for by the plaintiff-appellee, the appellate court deleted the award of exemplary damages in favor of AAA for lack of basis, thus:

WHEREFORE, the foregoing considered, the assailed Decision is AFFIRMED with the MODIFICATION that the award for exemplary damages is DELETED. No costs.

The accused-appellant did not move for the reconsideration of the appellate courts judgment. He instead elevated for review his conviction before us.

Accused-appellant reiterates the issues and arguments he has raised before the courts below as follows:

I

The trial court gravely erred in failing to consider the motive behind the filing of the instant case against the accused-appellant.

II

The court a quo gravely erred in convicting the accused-appellant of the crime charged although his actual participation in the alleged act was not proven with certainty.

Accused-appellant asserts that he should be acquitted of the crime charged. AAA allegedly testified unsurely as to the identity of her assailant and that she testified incoherently as to the details surrounding the rape incident. Accused-appellant points out that AAA mentioned that she was raped by a certain Mang Ben. AAA then testified that the accused-appellant was holding a knife while her pants were being pulled by him with his left hand and her mouth being covered with his right hand. She also allegedly said that the accused-appellant opened his knife when he was about to molest her but he left after opening the knife.

Accused-appellant insists that AAA was coached to testify against him in furtherance of the hostility between their families. He claims that AAAs mental disability made her so subservient to her parents that she would believe everything that they tell her. He further argues that the alleged P20,000.00 offer of accused-appellants family to settle this criminal case happened before this case was actually filed which proves that the said offer was either concocted by AAAs family or they were extorting money.

The plaintiff-appellee maintains that the prosecution has proven the guilt of the accused-appellant of the crime charged. AAA allegedly testified clearly and convincingly that she was raped by accused-appellant. The plaintiff-appellee points out that AAA clarified on the witness stand that it was accused-appellant, and not Mang Ben, who raped her; that she did not say that the accused-appellant simultaneously pointed a knife at her, covered her mouth, and pulled down her pants she rather testified that, after her mouth was covered and pants pulled down, the accused-appellant forced her to lay down and then drew a knife; and that AAA said that the accused-appellant left after raping her. Assuming there were inconsistencies in AAAs testimony, the same pertain to insignificant details which rather support, not destroy, her credibility.

The plaintiff-appellee claims that the contention that the crime charged against the accused-appellant was prompted by revenge or ill-motive on the part of AAAs family was baseless and that the mental disability of AAA did not affect her credibility and veracity of her testimony. The psychiatric evaluation of AAA allegedly proves that she was generally "coherent and relevant" and that her extensive examination on the witness stand shows that she could distinguish good from bad and truth from lies.

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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #13 on: July 15, 2010, 12:30:52 PM »
continuation...

We affirm the conviction of the accused-appellant.

Article 266-A of the Revised Penal Code provides that the crime of rape is committed by a man having carnal knowledge of a woman under any of the following circumstances: (1) through force, threat or intimidation; (2) when the offended party is deprived of reason or otherwise unconscious; (3) by means of fraudulent machination or grave abuse of authority; and (4) when the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present. In People v. Andaya,25 it was held that "sexual intercourse with a woman who is a mental retardate with the mental age of a child below 12 years old constitutes statutory rape" with or without the attendance of force, threat, or intimidation.

In the case before us, the prosecution has established beyond reasonable doubt that the accused-appellant had carnal knowledge of AAA, a demented person, through force, threat or intimidation. AAA was psychiatrically evaluated as an adult woman with the mental age of a 7 to 8-year old child and that she gave birth to a child despite her mental inability to give her consent to a sexual relationship. These facts support the allegation of sexual abuse. AAA also identified without uncertainty the accused-appellant as her attacker and related distinctly that he forcibly laid her down, held her at knifepoint, and sexually abused her. She testified on direct examination as follows:

PROS. TADEO:

(direct-examination removed)

Moreover, we accord great weight and respect to the conclusion of the trial court that AAA is "candid, sincere, straightforward and simple" in her testimony as well as to the ruling of the appellate court that the alleged flaws in her statements do not affect her credibility and veracity of her testimony that the accused-appellant raped her, and that the defenses of denial and alibi of the accused-appellant cannot prevail over the positive testimony of AAA.

By well-entrenched jurisprudence, the issue of credibility of witnesses is "a question best addressed to the province of the trial court because of its unique position of having observed that elusive and incommunicable evidence of the witnesses' deportment on the stand while testifying which opportunity is denied to the appellate courts" and "[a]bsent any substantial reason which would justify the reversal of the trial court's assessments and conclusions, the reviewing court is generally bound by the former's findings, particularly when no significant facts and circumstances are shown to have been overlooked or disregarded which when considered would have affected the outcome of the case."26 In People v. Santos,27 this policy has been emphasized as follows:

We stress the well-settled doctrine that the lower court's assessment of the credibility of a witness is accorded great respect owing to its direct opportunity to observe the latter's demeanor during trial. In People v. Ayuda, we held:

"It is doctrinally settled that the factual findings of the trial court, especially on the credibility of the rape victim, are accorded great weight and respect and will not be disturbed on appeal. This is so because the trial court has the advantage of observing the victim through the different indicators of truthfulness or falsehood, such as the angry flush of an insisted assertion, the sudden pallor of a discovered lie, the tremulous mutter of a reluctant answer, the forthright tone of a ready reply, the furtive glance, the blush of conscious shame, the hesitation, the yawn, the sigh, the candor or lack of it, the scant or full realization of the solemnity of an oath, or the carriage and mien. ..." [Emphasis ours]

The foregoing doctrine is more stringently applied if the trial court is sustained by the appellate court.

It has been stressed, moreover, that the bare denials and uncorroborated alibis of an accused cannot overcome the positive identification of the accused and straightforward recounting of the accuseds commission of a crime. In People v. Nieto,28 this Court held:

It is an established jurisprudential rule that a mere denial, without any strong evidence to support it, can scarcely overcome the positive declaration by the victim of the identity and involvement of appellant in the crimes attributed to him. The defense of alibi is likewise unavailing. Firstly, alibi is the weakest of all defenses, because it is easy to concoct and difficult to disprove. Unless substantiated by clear and convincing proof, such defense is negative, self-serving, and undeserving of any weight in law. Secondly, alibi is unacceptable when there is a positive identification of the accused by a credible witness. Lastly, in order that alibi might prosper, it is not enough to prove that the accused has been somewhere else during the commission of the crime; it must also be shown that it would have been impossible for him to be anywhere within the vicinity of the crime scene.

In the present case, we do not perceive any cogent reason to justify the reversal of the trial and appellate courts high regard of the truthfulness of AAAs testimony and we find the bare denials and uncorroborated alibis of the accused-appellant devoid of any evidentiary value. We quote with approval the pertinent disquisitions of the trial court on the testimonies of the witnesses as follows:

By the very nature of the crime of rape, the same precludes any eyewitness to the incident, except the victim and the perpetrator. Hence, to prove the same will depend largely from the testimony of the victim, and the acquittal of the accused will not lie on the strength of his defense. Thus, the case for the prosecution will rise or fall on the basis of the victims testimony, which the court will consider with utmost caution.

In the instant case, victim AAA was a mental retardate, which the court finds, not only on the basis of the expert testimony of Dr. Escuadra but also on the basis of its observations. It noted that even if the victim had a mental age of a 7 to 8 year-old child, yet, she was candid, sincere, straightforward and simple in her testimony in court despite the grueling cross-examination conducted by Atty. Manlangit. The aforesaid demeanor of the complainant only showed that she was telling the truth. Complainant never wavered in her testimony, that it was Marlon who raped her, the circumstances or details under which she was raped; and in positively identifying Marlon in court. The court likewise noted the limited mental ability and poor aptitude of the complainant when she was extensively grilled and cross-examined, and even upon clarificatory questions from the court, thus giving the impression to the court that she was just being obedient and was coached by her parents in filing this instant case against Marlon. She likewise admitted that a certain Mang Ben also raped her, but, later corrected herself. Such was understandable. Even Atty. Manlangit noted that the victim was already tired and exhausted while testifying in court. (TSN, p. 43, Sept. 24, 2002) Besides, there was no testimony from the complainant that she was merely instructed by her parents to file the rape case against Marlon even if the same were not true. The court considered the inconsistencies in complainants testimony as minor inconsistencies which even strengthen her testimony. Xxx xxx xxx

The Court notes that the appellate courts own evaluation of the evidence concurred with the findings and conclusions of the trial court as follows:

We likewise find no merit in the insinuations made by the [accused]-appellant that the instant complaint was motivated by the malevolent design of the complainants family to put him down or the greedy scheme of the latter to extort money from his family. At best, these insinuations, trivial and inane, are merely conclusory and unfounded. It cannot tarnish AAAs account of how the [accused]-appellant had sexually assaulted her.

As aptly observed by the court a quo, it is hard to fathom that a parent would use her children as engines of malice, especially if the same would subject them to humiliation, nay stigma. No mother would expose her child to possible public ridicule if the only motive is to get back at the [accused]-appellant. Said the trial court:

"Marlon and his father, Danilo, attributed ill-will, personal animosities and bad blood between their family and that of the complainant as the reasons behind why a fabricated case was filed against Marlon. It is incomprehensible to the mind of the court that because at one time or another Marlon chased complainants father with a hoe, or the complainants brothers unlawfully entered the premises of the accused, or that they peeped or pried upon Marlons privacy, causing the latter to chase them with a bolo as the reasons why, out of revenge, a rape case was concocted and filed against him. Such are flimsy excuses, which do not deserve belief from any reasonable being. This Court could not, in the exercise of sound judgment, accept the flimsy reasons advanced by the accused that the victim, a mental retardate, was only coached by her parents in implicating the accused as the person responsible for the crime. A mother will never compromise the reputation of her daughter in order to implicate a person with a crime he did not commit. Besides, it was quite absurd and illogical that families in feud would make their mental retardate a tool to give a scripted and concocted testimony in court that she was raped just to send her familys enemy to jail. It is unnatural for a parent to use his offspring as an engine of malice especially if it will subject a daughter to embarrassment and even stigma. No parent in their right mind would possibly stoop so low as to subject their daughter to the hardship and shame concomitant to a rape just to assuage their own hurt feelings." [Citations omitted]

The criminal information failed to allege the qualifying circumstance that the accused-appellant knew of the mental disability of the private offended party, thus, his conviction of statutory or simple rape committed with the use of a deadly weapon, instead of qualified rape, is in order.

We also accord high respect to the ruling of the trial court, as well as to the appellate courts deference thereto, that the accused-appellant was the biological father of the two-year old daughter of AAA as a result of the rape incident and in view of their "striking facial similarities and features." The order to acknowledge and support accused-appellants offspring is in accordance with Article 345 of the Revised Penal Code.

This Court, however, modifies the award of civil indemnity and damages in favor of AAA. In line with recent case laws, the compensation to be awarded in favor of the private offended party in cases of statutory rape or simple rape committed with the use of a deadly weapon should be in the amounts of P75,000.00 as civil indemnity and another P75,000.00 as moral damages.29 Exemplary or corrective damages are imposed by way of example or correction for the public good and when the crime was committed with one or more aggravating circumstances.30 According to current jurisprudence, exemplary damages should be awarded in favor of the private offended party in the amount of P30,000.00 in statutory or simple rape cases.31 In the present case, the award of P75,000.00 as civil indemnity and another P75,000.00 as moral damages in favor of AAA is appropriate. The award of P30,000.00 as exemplary damages should also be imposed as a public example in order "to protect hapless individuals from [sexual] molestation"32 and because of the presence of the aggravating circumstance of the commission of the crime in the dwelling33 of AAA.

WHEREFORE, in view of the foregoing, the Decision dated September 21, 2006 of the CA in CA-G.R. CR-HC No. 02085, which affirmed with modification the Judgment promulgated on June 3, 2003 by Branch 25 of the RTC of Naga City, is hereby AFFIRMED with the MODIFICATION that accused-appellant is hereby ordered to pay the private offended party civil indemnity in the amount of Seventy-Five Thousand Pesos (P75,000.00), moral damages also in the amount of Seventy-Five Thousand Pesos (P75,000.00), and exemplary damages in the amount of Thirty Thousand Pesos (P30,000.00), plus interest on all damages awarded at the legal rate of 6% from this date until fully paid. No costs.

SO ORDERED.

TERESITA J. LEONARDO-DE CASTRO
Associate Justice

WE CONCUR:

REYNATO S. PUNO
Chief Justice
Chairperson
CONCHITA CARPIO MORALES
Associate Justice    LUCAS P. BERSAMIN
Associate Justice

MARTIN S. VILLARAMA, JR.
Associate Justice

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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #14 on: January 19, 2011, 10:01:47 AM »


Dubduban ang panit para himoong kilawin?  ;D

Lorenzo

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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #15 on: January 19, 2011, 10:19:16 AM »
Putol Diretso Sa O-ten, Wa Nay Kaso-kaso[/b]
by Mike Ligalig (as published by the Bohol Standard newspaper

Sa pagsige nako ug  basa sa mga jurisprudence nga nahilambigit sa criminal law, magsige ko ug panaguto ug pangagho nga mosilaob sa kalagot ug kayugot tungod sa mga mabasahan nakong kaso nga diin mga gagmayng batang babaye nga dos o kaha tres anyos gipanglugos sa amahan, uyoan, silingan, o kaha estranghero.

   Ug dili kay bag-o lang ni nahitabo. Sukad pa sauna, liboan na ka mga panghitabo ang nahitala sa atong mga korte. Ug laing dili maihap nga mga krimen nga pagpanglugos ang wala masang-at sa korte sanglit nagapos sa kahadlok ug kaulaw ang mga biktima o kaha walay hibangkaagan ang biktima kung unsaon pagsumbong sa panamastamas nga nabuhat aron mapasaka sa korte ang linoog nga binuhatan.

   Ang dili ug dili nato matulon sa pagbasa kining mga kaso sa mga batang babaye nga gipanglugos sa kaugalingon nilang amahan. Dinhi sa Bohol, naay amahan, gilugos ang anak babaye, unya gilugos pud ang kaugalingong apo nga anak sa iyang gilugos nga anak. (Ug kadtong anak nga gilugos nalugos pud diay sa uyoan). “Truth is indeed stranger than fiction.” Ug dili kay kausa lang nahitabo sa usa ka bata, kon dili gibalikbalikan ug lugos ang bata hangtod nga nidako na. Pagkadaghan diay sa mga panghitabo nga ingon niini.

   Daghang wala masayod kay adunay balaod nga nagdili sa pagpublikar sa mga kaso sa panamastamas sa minor de edad. Bisan gani sa website sa Supreme Court ug sa decision mismo nga mabasa sa papel, puro ra AAA or BBB or XXX ang gipangalan sa biktima aron gyud matago ang tinuod nga ngalan. Gitago usab ang mga impormasyon sama sa gipuy-an ug lugar sa nahitaboan aron tiunay nga malilong ang sakit ug makauulaw nga krimen.

   Didto na nimo mahibaloan sa dihang magsugod ka ug utingkay sa mga desisyon sa Korte Suprema nga mabasa sa lawphil.net ug chanrobles.com. Ang mga kaso sa Supreme Court nga website dili kompleto. Ambot ngano. Wala man ma-update ang website sa gobyerno.

   Matod pa sa usa ka Justice sa Supreme Court, “there should be a special place in hell for all child molesters.” Uyon ba mo sa iyang gisulti?

   Apan kung maghisgot lang ta ug balaod diri sa yuta, sa way lipod-lipod nga estorya angayan nga pangputlan ug kinatawo ang mga manglulugos ug asinan ang ilang oten samtang nagdagayday ang dugo ug ang naputol nga  bahin isugba sa nagbaga nga kalayo ug sa pagkaluto na niini idasok sa tilaok sa kriminal. Pagkahuman, putlan sa dila, lugiton ang mga kalimutaw, putlon tanang tudlo, ibton tanang koko sa tiil, ug paamigasan ug ipapaak sa putyokan ang kalawasan.

   Syaro ug walay mahadlok nga manlugos ug mga bata o mga babaye. Kanang death penalty nga kasamtangang giwagtang sa nasod wala nay epekto. Pero kung buhaton ang gihisgotan nato nga “torture” sa mga lampingasan, sa mga way atay ug batikolon, grabe napud ug dili mokuyos ang ilang itlog.

   Dili na ta maghisgot anang human rights. Naay moingon nga kanang imong gisugyot, Mike, nga silot nakalapas na sa tawhanong katungod. Botbot! Unsa goy human rights? Tuo man mo anang human rights. Human rights alang sa mga walay sala ug inosente. Pero kadtong mga wa nay kasingkasing ug konsensya, wa gani na sila maghunahuna ug unsay human rights!

Ang mga biktima sa lugos wala diay silay human rights? Mao man goy nakalabad ning atong sistema sa balaod sa nasod, tua dapig sa mga kriminal. Mura ba ug mga polis ug sundalo nga kung tikloon, walay mosinggit ug human rights, apan kung ang pikas masamdan sa engkwentro, daghang alingogngog nga mosinggit ug human rights.

   Gawas nga langan ang proceso sa balaod bisag klaro na kung kinsay sad-an, matuis-tuis gihapon ang estorya kung dunay kwarta.

   Tan-awa nang nahitabo sa Ampatuan massacre. Ang mga alimatok nabulahan sa desisyon ni Agra. Hangtud karon, hapit na mousa ka tuig human sa linuog nga pagpang-ihaw ug tawo nga mga inosente ug walay sala, wala pay nabalhog sa Muntinlupa.

   Kining rape dili na ni angay iagi ug trial sa korte. Medical examination lang (DNA test) ug testimonya sa biktima. Pagkahuman, dakop dritso, putol sa oten, dila, unya abison nang ngabil, ug kiskisan nang ulo ginamit ang pusang botelya sa Mallorca.

   Kung di pa ta kontento sa maong silot sa mga manglulugos, pwede atong sundogon tong gibuhat ni Polpot sa S-21 Prison House didto sa Phnom Penh, Cambodia.

Mike, dili lang ang oten i-putol, ang ulo pood.

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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #16 on: January 19, 2011, 07:14:22 PM »

BIG YES. DIHAY BABAYE NGA MIREKLAMO.
ANG IYANG GISANG-AT NGA KASO IS ATTEMPTED RAPE.

Nasuko siya nganong wa gidayon.
Nabitin. Nyahahahahahaha !!! ;D ;D ;D

hubag bohol

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Re: Putol Diretso Sa Oten, Wa Nay Kaso-kaso
« Reply #17 on: January 19, 2011, 07:39:41 PM »

Ingon ani jud tingali ning mga baje. Sama ani niya...

Baje: Huhuhu, di na ko birhen. Imo kong gihilabtan, kaduha pa gyod!
Lalaki: Paghilom diha, kausa ra gani.
Baje: Di diay ko nimo usban?


Bwahaha!  ;D






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