Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Baguio City
Branch 64

THE PEOPLE OF THE

PHILIPPINES, Crim. Case No. 34356
Complainant,
For: RAPE
-versus-

JESSE BLAIRE G. LAMPITOC,

Accused.
X----------------------------------------------------X

MEMORANDUM
(Accused)

WITH ALL DUE RESPECT TO THIS HONORABLE COURT,

Accused through counsel, respectfully submits this Memorandum

and avers the following:

STATEMENT OF THE CASE

The accused is charged of Statutory Rape under Article (Art.)

266-A of the Revised Penal Code of the Philippines. The crime was
allegedly committed as follows:
 That on the 14th day of February 2017, in the City of
Baguio, Philippines, and within the jurisdiction of this
Honorable Court, the above-named accused, allegedly willfully,
unlawfully, and feloniously sexually assaulted Julia Torres, 10
years old, by inserting his penis into the complainants vagina,
against her will, contrary to law. The mother, Juliana Torres,
allegedly saw the above-named accused in the course of the
heinous crime.

EVIDENCE FOR THE PROSECUTION

The prosecution presented the complainant and her mother as

primary witnesses and submitted several documents to support their
claim. The complainant and her witnesses alleged among others that
the accused is living with them at the time the incident happened.
The complainant alleged that on February 14, 2017 she was held by
the accused, pointed a knife at her and threatened to stab her if she
makes a noise. She stated that the accused had carnal knowledge of
her person through threats and intimidation but was caught in the act
of doing so when her mother, Juliana, entered the room. She likewise
stated that after the incident, they brought the accused in the custody
of the Barangay before going to the police to make a report. The
prosecution also presented a medical report to prove that the
complainant was indeed raped.

EVIDENCE FOR THE ACCUSED

The accused in response to the case filed against him testified

that he was in Qatar at the time of the incident corroborating this
with his passport with the stamp from the immigration office of the
said foreign country. The accused also stated that the allegation of the
complainant that he tried to insert his penis to her vagina is
impossible in any angle because he underwent a total penectomy
procedure or the removal of his penis a month before the alleged
incident. He also presented a complete medical report from the
physician who conducted the surgery to support this fact. Further,
the accused obtained an affidavit from the Barangay Captain of Kias
to contradict the allegation of the complainant that he was under the
custody of the barangay in February 14, 2017. The accused likewise
presented his current girlfriend, Margaux to attest to the fact that he
was not in the country when the alleged rape happened because they
are actually having their vacation in Qatar during those dates.

ISSUES

Whether or not the accused is guilty of the Crime of Rape as

charged?

ARGUMENTS

THE ACCUSED HAS A STRONG

AND VALID ALIBI

To establish alibi, the accused must prove by positive, clear,

and satisfactory evidence that (a) he was present at another place at
the time of the perpetration of the crime, and (b) that it was
physically impossible for him to be at the scene of the crime.

It is clear that the accused has a very strong alibi as he was able
to present his passport duly stamp by the immigration office of Qatar
proving that he was in said foreign country from February 11, 2017 to
February 17, 2017, making it impossible for the accused to commit the
crime. On February 14, 2017, when the alleged incident occurred, the
accused was still in Qatar, enjoying himself on a vacation with his
girlfriend, Margaux Buenavista. Barangay Kias, is located in the
Philippines while Qatar, is a country in the Middle East of Asia, miles
away from the Philippines. It became impossible for the accused to be
in the country unless he has the ability to multiply himself and be in
different places at the same time. This, we know, is a product of
fiction.

A passport is a document issued by the Philippine

government, which under international practice, is the official
record of travels of the citizen to whom it is issued. The entries in
that passport are presumed true. (People v. Webb, G.R. No. 176864, 14
December 2010)

This documentary evidence presented by the accused wherein a

foreign countrys immigration stamp has been verified not only once
but twice, must be given full credit with the presumption of its
authenticity. It must also be noted that the prosecution failed to
contradict this evidence and not even a single piece of evidence was
presented to controvert said evidence.

THE COMPLAINANTS
TESTIMONY IS INCONSISTENT

The testimony of the complainant was contrary to the facts

proven by the evidence presented by the accused.

The Court has adhered to the rule that when the testimony of
a woman who states under oath that she has been raped meets the
test of credibility, the accused may be convicted on the basis of
such testimony. A rape victim who testifies in a categorical,
straightforward, spontaneous and frank manner, and who remains
consistent, is a credible witness. (People vs. Supnab, G.R. Nos. 133791-
94, 8 August 2001)
 However, such will not apply in the present case, as it was
evident that during the cross-examination of the complainant, certain
inconsistencies surfaced concerning her sworn testimony. Specifically
in the following:

TSN (Angelina W. Reyes)

Q: Ms. Witness, can you tell us what happened on the 14 th day

of February of this year?

A: Yes, sir. Tatay Amboy raped me on that day and he inserted

his penis in my vagina. It was really painful, sir.

Q: Can you tell us what part of his penis was inserted in your
vagina?

A: only the tip sir, because it was big and he cannot insert it
completely in my vagina.

Q: (Shows the picture of a penis that underwent total

penectomy) Can you point in this picture the part of his penis that
was inserted in your vagina?

A: There is nothing in that picture, sir.

Q: What do you mean there is nothing in this picture?

A: The part of Tatay Amboys penis that he inserted in my

vagina is not present in that picture, sir.

Q: This is how your Tatay Amboys penis looks like after he

underwent a total penectomy procedure. No further questions Your
Honor.
 The above-quoted testimony of the complainant showed the
inconsistency and impossibility of her very own version of the story.
Her story, no matter how detail she may have relayed it in her sworn
statement cannot be supported with facts due to the fact that the
accused no longer has the object, his penis, that the complainant is
claiming to have been inserted in her vagina. This fact is difficult to
contradict with the presence of the doctors medical report regarding
the surgery performed on the accused and a simple physical
examination will strengthen this fact.

A witness who testifies about something she never saw runs

into inconsistencies and makes bewildering claims. A lying
witness can make as positive an identification as a truthful witness
can. (People v. Webb, G.R. No. 176864, 14 December 2010)

THE ELEMENTS OF
STATUTORY RAPE IS NOT
PRESENT IN THE CASE

Statutory rape is committed by sexual intercourse with a

woman below twelve years of age regardless of her consent, or the
lack of it, to the sexual act. (People v. Jalosjos, G.R. NOS. 132875-76,
November 16, 2001, 369 SCRA 179) Proof of force, intimidation or
consent is unnecessary; they are not elements of statutory rape; the
absence of free consent is conclusively presumed when the victim is
below the age of twelve. (People v. Escultor, G.R. NOS. 149366-67,
May 27, 2004, 429 SCRA 651) At that age, the law presumes that the
victim does not possess discernment and is incapable of giving
intelligent consent to the sexual act. Thus, to convict an accused of the
crime of statutory rape, the prosecution carries the burden of proving:
(1) the age of the complainant; (2) the identity of the accused; and (3)
the sexual intercourse between the accused and the complainant.
 The age of the complainant, Juliana, is not a disputed fact. Both
parties accept that she is still a minor and a 10-year-old child.
However, the identity of the true perpetrator remains in dispute, as
the accused was able to prove that it is impossible for him to have
committed the crime charge. The complainant may have firmly
identified her perpetrator but this was not consistent with the
evidence presented by the defense and the prosecution failed to
counter any of these evidence.

By established jurisprudence, sexual intercourse is shown by

proof of entry or the introduction of the male organ into the female
organ; rape is consummated by the mere "touching" or "entry" of the
penis into the labia majora or the labia minora of the pudendum of
the victims genitalia. (People v. Aguiluz, G.R. No. 133480, March 15,
2001, 354 SCRA 465)

January 6, 2017, the accused underwent a total penectomy

procedure wherein his penis was removed due to a rare disease
called Fournier Gangrene. It is now beyond the means and effort of
the prosecution to show that the third element of statutory rape exist
because it is now impossible for the accused to have sexual
intercourse with the complainant not only because he is actually not
in the country during the time that the alleged incident happened but
also because of the fact that his penis was already removed at that
time.

Given all these arguments and evidences, it is now questionable

that the crime of statutory rape, of which the accused is being
charged of, was actually committed by the accused.

Statutory rape is a crime that needs to be penalized but no

innocent person must be put behind bars to answer for a heinous
crime he did not commit and is actually impossible for him to
commit.

SUMMARY AND CONCLUSION

NO RAPE AS ALLEGED BY THE COMPLAINANT. The

accused was no longer staying with the complainants mother. In
fact, the accused is already in a romantic relationship with his new
girlfriend, Margaux. This is clear as based on the following facts:

(1) Witnesses and the accused categorically and clearly established

several situations which depict, show and manifest that the
incident being pinned on the accused would not have been
possible to happen;

(2) That from February 11, 2017 to February 16, 2017, the accused
is in Qatar and it is impossible for him to have committed the
crime on February 14, 2017;

(3) That the complainants testimony is bereft of truth because the

accused cannot possibly enter his penis to her vagina due to the
fact that he underwent total penectomy on January 6, 2017 or
more than a month prior the alleged happening of rape;

(4) The complainants allegation that the accused was brought in

the custody of the Barangay was lacking truth as the Barangay
Captain himself testified to the contrary of such allegation.

These facts as shown in this case proved that the complainant

has been lying before the police authorities who took her statement as
well as before the honorable court based on her inconsistent
testimonies and due to these inconsistent testimonies made by the
complainant, all of her testimonies bears no credibility at all.
 WHEREFORE, PREMISES CONSIDERED, it is respectfully
prayed of this Honorable Court that the accused be acquitted from
the present charge of RAPE for failure of the prosecution to prove his
guilt beyond reasonable doubt.

Such other reliefs and remedies under the premises are likewise
prayed for.

Baguio City, Philippines, this 12th day of May 2017.

Atty. Ranjan Kalyl U. Wanget

Notary Public
Until December 31, 2020
PTR No. 117819; 7-7-19/Baguio City
Roll of Attorney No.69122
IBP Lifetime Membership No. 07819 Baguio-Benguet
MCLE No. III-006572
Commission Serial No. 07-NC-10 (R)
TIN: 925-189-572
Rm. 107 De Leon Bldg.,
Session Road, Baguio City

(074) 447-5792/ 09397728626

REPUBLIC OF THE PHILIPPINES}
CITY OF BAGUIO} S.S.
x ---------------------------------------------- x

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, JESSE BLAIRE G. LAMPITOC, of legal age, single,

Filipino citizen and a resident of No. 1 Kias, Baguio City, Philippines,
after having been duly sworn to in accordance with law hereby
depose and state that:

1. I am the accused in the above-entitled Complaint;

2. I have caused the preparation and filing of the foregoing

Memorandum;

3. I have read and understood the contents thereof and that

the same is true and correct to the best of my own
personal knowledge and based on authentic records;

4. I have not commenced any action involving the same

issues and the same parties in any court or tribunal or
quasi-judicial agency and to the best of my own personal
knowledge, no such other action or proceeding is
pending before any other courts, tribunal or agency, and
if I should thereafter learn of a similar action or
proceeding before any court, tribunal or agency, I
undertake to report such fact within five (5) days
therefrom to the court wherein the said petition has been
filed.
 IN WITNESS WHEREOF, I have hereunto set my hand this
12th day of May 2017, at Baguio City, Philippines.

JESSE BLAIRE G. LAMPITOC

Affiant

SUBSCRIBED AND SWORN TO BEFORE me this 12th

day of May 2017, at Baguio City, Philippines. Affiant personally
appeared and exhibited to me his Tax Identification Number 143-878-
564 to establish his identity and acknowledged to me that he had
read and understood the contents of his affidavit and that the same
are all true and correct of his own personal knowledge.

Doc. No. 1
Page No. 2
Book No. III
Series of 2017.

Copy furnished:

ATTY. DENVER G. GOMEZ

City Prosecutor, Baguio City

Copy of the foregoing pleading was furnished via registered

mail considering the urgency of time.

RANJAN KALYL U. WANGET