CASE: For violation of Republic Act 8353 (Rape )

SKELETAL NARRATION OF FACTS:

This is the narration of facts as stated and duly admitted by the victim:

That the complainant, JUANA DELA CRUZ, 17 years old, single, employed as helper in
AAA Restaurant located in Malamig st. Mandaluyong City, and a resident of Brgy.
Bagabag Mandaluyong City;

That the accused, PEDRO MASAHOL, 50 years old, married, works at a bank in Makati
City and is residing at unit 101 MHLY Bldg. Mandaluyong City;

That on August 14, 2014, at about 6 oclock in the morning, while the complainant
DELA CRUZ was waiting for a ride to go to her place of work, the accused MAHALAY
who was driving a silver gray Toyota camry with plate # XXX 01, called her attention to
asked for directions to a remittance center in the area. The victim willingly told her where
the nearest remittance center was. However the accused told her he is not familiar with
the place, he asked her to show her where the remittance center is. He convinced her to
get in the car so she could show him exactly where it was. The complainant rode in the
car to help accused, having no doubt as to the accuseds intention because he look well
dressed, spoke very well and a nice person.

Once inside the car, the accused locked the doors and pointed her a gun, told her to strip.
She tried getting off the car but it has an automatic lock near the drivers seat. Shocked,
and in fear of her life she reluctantly undress herself while the accused was driving
around and the gun still pointed at her. The accused stopped in front of an abandoned lot
adjacent to a residential house.

That the accused attempted to rape her by trying to kiss her and touching the victims
vital body parts. The victim tried to stop the accused and struggled with him and she kick
him at his reproductive organ which put the accused in so much pain. The complainant
immediately reached the automatic lock to open the car and jump out.

Thereafter, the victim, naked, was seen clutching her clothes, was immediately assisted
by bystanders and a security guard who saw her jumping off the car. She was brought to
the barangay outpost where the victim got dressed and told her story. Thereafter she was
brought to the nearest police station. She was assisted by GEMMA PELLAGIO, service
desk officer in charge of Brgy. Makapili, Mandaluyong City.

During the time she was at the police station, she was asked by Gemma Pellagio of what
actually happened after being forced to undress, she answered hinalikan niya po ako
tapos ipinasok niya ang kamay niya sa pepe ko, pero pinilit ko pong manlaban.sinuntok
niya ako sa tiyan kaya nanghina po ako. patuloy pa rin niyang hinahawakan ang
maseselang parte ng katawan ko habang nakatutok ang baril sakin. Nilakasan ko na po
ang loob ko dahil sa takot at sinipa ko siya sa kanyang ari. Nakita ko pong namilipit siya
sa sakit kaya kaagad ko pong inabot ang automatic lock para makalabas ng kotse.
Tumalon po ako sa kotse at may nakakita po sakin at tumulong.

Due to the incident, the complainant suffered mental, psychological and emotional
anguish.



DOCUMENTARY EVIDENCE AND OBECT EVIDENCE




DOCUMENTARY EVIDENCE

PURPOSE
- Sworn Affidavit
(Executed by Juana Dela Cruz
before the service desk officer of
Mandaluyong City Police Station )

- To prove the authenticity of the narration
of facts and circumstances
- CCTV footage of the incident

(taken when the victim jump off the
car naked )


- to give actual visualization of the
circumstances that happened on the day of
the incident and to show the plate # of the
car as covered in the cctv
- Sworn affidavit
( executed by the bystanders and
the security guard who assisted her
and saw her jumping off the car )

- to prove authenticity of the narration of
facts
- Authenticated Certificate of Car
Registration
(issued by the LTO )
- to prove that the accused is the owner of
the car with plate # XXX 01 as shown in
the CCTV footage
- Medico-Legal Report

-(Issued by DILG PNP
Crime Laboratory, Camp Crame)



WITNESSES TO BE PRESENTED




NAMES DESIGNATION PURPOSE
Juana Dela Cruz

-complainant / victim - to testify that the accused
commited all the alleged
acts
Bystander 1

Bystander who saw the
incident
- to prove the actual
incident that transpired
when victim jumped off the
accuseds car
Bystander 2


Bystander who saw the
incident
- to prove the actual
incident that transpired
when victim jumped off the
accuseds car
Security Guard

Witnessed the incident - to prove the actual
incident that transpired
when victim jumped off the
accuseds car
Gemma Pellagio

Service desk officer of
Mandaluyong police station
- to prove what transpired
after the incident




MAIN DEFENSE


The accuseds alleged acts is in violation of Article 266-A of the Revised Penal code as
amended by Republic Act 8353 in relation to Article 266-D

Article 266-A. Rape, When and How committed-

1. By a man who shall have carnal knowledge of a woman under any of the
following;
a. Through force, threat or intimidation
b. By means of fraudulent machination or grave abuse of authority
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 orifice, or any instrument or object, into the genital or anal orifice of
another person.
xxxxxx


All of the aforementioned acts are said to be committed by the accused to the victim.
Proving these acts abovementioned would establish the guilt beyond reasonable doubt of
accused PEDRO MASAHOL, which would then be subject to the penalties prescribed in
Republic Act 8353.









































San Beda College Alabang
School of Law
Muntinlupa City







A CASE BUILD
UP REPORT



SUBMITTED TO : ATTY. NOEMI S. MACABABBAD


SUBMITTED BY: GLORY T. PEREZ


DATE: September 2, 2014