VILLACERAN, KENT-KENT R.

TOPIC: SUMMARY OF STENOGRAPHIC NOTES

A criminal case was charged by Julia Torres, eighteen years old, against the accused
Ronald Galang, twenty years old, both were resident of Barrio Talaan, Batangas.
The information from the interrogation by the prosecution as follows:
On that evening, Ronald and Julia met by prior agreement at Celia’s house right in the
Barrio.
That on the wedding of Celia on June 12, Julia attended to the party, she had the high
spirit when she met a lot of her friends and had a good time while someone exploded firecrackers
nearby and this caused a scare for her. Then, Ronald want to talked to her but she ignored and
dislike him. At about 11pm, Julia took the leave to go and started to walk home alone in the
moonlight across Mario’s farm to take a shortcut in the direction of their house, walking alone
did not bother Julia because she knew everyone in the barrio. And when Julia was about fifty
meters from Mario’s house, Ronald came behind Julia and requested to walk her home but Julia
declined and doubled her steps. Then suddenly while walking doubled steps, the accused caught
her arm and wrestled to the rough dry ground, in the rice field near Mario’s house, Ronald
covered Julia’s mouth with a hand so she could not shout. Then Ronald pointed the knife at Julia
and threatened that she will be stab if she called for help or persisted in fighting back and forced
to yield to him. Out of fear by the victim, she gave up and raped by the accused. Julia kept the
matter to herself for a while since she was afraid of the trouble that will happen if her parents
and brothers found out, because they love her so much.
After two days of worrying and feeling bad, the Julia finally told her aunt about the raped
and she in turn told Julia’s parent. Her parents because quite furious and wanted to take the
matter into their own hands but cooler heads prevailed. Then, they went to the police station to
complain and submitted herself under medical examination.
The prosecution questioned Dr. Amado Ampil, medical examiner, who conducted the
medical examination of the victim. The medical report found out that the victim’s body suffered
from laceration of the cervix posterior portion and laceration of the vaginal canal posterior
portion for about two days old. The medical examiner did not find any other injuries on the
victim’s body.
The information from the questioned by the defense attorney as follows:
Ronald Galang, accused, contend that they are sweethearts for over two months before
June 12 which Ronald had sexual relation during that night. That night Ronald had some fun with
his friend. Then, one of his friend jest that Ronald’s had some other girl, and Julia became
annoyed and refused to talk to him. Ronald left the brood outside and stay outside about an
hour, and return to the party after a friend called Ronal to come inside. After the party was ended,
Ronald walked alongside Julia and tried to explain the jokes played by his friends but Julia did not
want to believe me at first. After a while, Ronald convinced her to sit with him on a piece of log
near the house of Mario. That evening was romantic and eventually reconciled, Ronald and Julia
started kissing, embracing, and forgetting themselves while they made love on the grass. After
that day when Ronald Galang walked with her up to about twenty meters of her house, Julia
insisting to Ronald to marry her because she was afraid, she might have become pregnant. But
Ronald declined because he had to look after his parent. Then, Julia became angry and
threatened to complain to her parents that Ronald raped her but Ronald still refused to marry
her.
After presenting the accused, the defense attorney called for Mario Perez, the one
residing in the place where rape of Julia took place, that he slept late because he had to watch
his sick daughter while his wife took her turn to rest. During Mario’s turn to watch for her
daughter after that night, he remembered that was not so dark because of the moon shone
brightly in the sky and there was no outcry from outside of the house.

I. Establish: The Legal Dispute of the Case

The legal dispute of the case refers to the plaintiff or complainant’s cause of action and the
defendant or respondent’s defenses. There is a legal dispute when one party complains of a
violation of his right by another who, on the other hand,
denies such a violation.

The legal dispute, recast in the format of an issue, provides the principal issue in every case.
In the case presented in the Transcript of Stenographic Notes, write in the space provided
below the legal dispute of the case. *

Julia Torres complain that she was raped by Ronald Galang, accused. The accused contend that
he did not raped her but had a sexual relation during that night.
From the legal dispute of the case, recast the legal dispute in the form of an issue. Write in the
space below the principal issue of the case. *
Whether or not the accused is guilty beyond reasonable doubt of the rape

II. Discover (and Summarize): The Relevant Facts

It is only when you have an idea of what the principal issue is, could you make a good job of
extracting the relevant
facts from your material. For this exercise, the material came from raw and uncluttered facts
from a Transcript of Stenographic Notes. The relevant facts must be consolidated in the form of
a summary.
In our last meeting, you were tasked to summarize from raw and uncluttered facts from a
Transcript of Stenographic Notes.

The following are the steps in summarizing:

1. Identify the legal dispute.
2. Rewrite the legal dispute into the format of an issue.
3. Using the issue as guide, peel away from the narration all the facts that are not connected to
such dispute. It will hold your aim, guide you to the relevant facts.
4. Put the facts in a logical/chronological sequence.
5. Make a summary in a third-person narrative.

A summary is systematically prepared notes (vs. random notes) that adequate capture the
entire factual terrain of the case, with the important points properly marked out. You can
better understand and absorb written materials when you summarize their contents. Your
summary serves as a detailed map in your hand, able to guide you in negotiating your way
through the legal dispute involved.

You were tasked to write your summary in sheet/s of yellow paper and submit this in our next
meeting.
SUBMIT and UPLOAD your Summary of the Transcript of Stenographic Notes here. You may
take a picture of your assignment or scan your assignment, and send a .pdf or .jpg or .png file. *
ADD FILE
BACK
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III. Know: The Applicable Law or Rule

After working on the testimonies and documents in your case, you would have produced a
summary of the facts that are relevant to the legal dispute that it presents. Now you are ready
to make a search for those specific laws or rules that, applied to the facts, will either help or
burden you in prosecuting or defending your side of the dispute.

There are two general sources of laws and rules:

1. Statute Law - refers to laws, rules and regulations, policies enacted by Congress (statutes and
legislation) in the exercise of legislative powers and as enacted by administrative agencies
(executive decrees of the President and administrative orders issued by his alter ego or the
cabinet secretaries) in the exercise of their quasi-legislative powers. It could also refer to
ordinances issued by local government units (LGU).

2. Case Law - refers to jurisprudence or Supreme Court Decisions. According to Art. 8 of the Civil
Code, it forms part of our legal system.
The Transcript of Stenographic Notes is about a criminal case. The victim is Julia and the
accused is Ronald. What crime did Julia accuse Ronald of? *
Rape

Although you have not yet taken up Book II of the Revised Penal Code, research ahead about
the definition, nature and the elements of the crime allegedly committed by Ronald. Write your
answers in the space provided below. Do not forget to write your legal basis. *

Art. 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
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).

Carnal knowledge is defined as the act of a man in having sexual bodily connections with a woman
(Black's Law Dictionary. Fifth Edition, p. 193).

On the other hand, Article 6 of the same Code provides:

Art. 6. Consummated, frustrated, and attempted felonies. — Consummated felonies as well as

those which are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and accomplishment
are present; and it is frustrated when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a felony directly by overt
acts, and does not perform all the acts of execution which should produce the felony by reason
of some cause or accident other than his own spontaneous desistance.

Let us assume that you are the prosecutor of this case. A prosecutor is a lawyer of the
Government/State who is responsible for proving that Ronald is guilty of the crime. The
prosecutor must present evidence by which the Ronald's guilt is proven beyond reasonable
doubt. One way that this is done is by making sure that all of the elements of the crime is present,
and is supported by evidence or testimony of credible witnesses. In the space provided below,
(1) enumerate the elements of the crime, and (2) write the relevant testimony or corresponding
evidence (as mentioned in your summary) for each element of the crime. As a guide, look at the
example given here. *

The testimonies or evidences to be presented in a crime of rape, based on its elements, provided
under Article 335 of the Revised Penal Code.

1. That the victim was raped through force or intimidation – pointed the knife at Julia and
threatened that she will be stab if she called for help or persisted in fighting back and forced to
yield to him and the testimony of Mario coincide that there was no outcry from outside of the
house.
2. That the accused raped her - The medical report (medico legal) found out that the victim’s
body suffered from laceration of the cervix posterior portion and laceration of the vaginal canal
posterior portion for about two days old.

When a woman testifies that she has been raped, she says in effect all that is necessary to show
that rape was committed provided her testimony is clear and free from contradiction and her
sincerity and candor, free from suspicion (People v Alfonso, G.R. No. 72573, August 31, 1987, 153
SCRA 487; People v. Alcid, G.R. Nos. 66387-88, February 28, 1985, 135 SCRA 280; People v. Soterol
G.R. No. 53498, December 16, 1985, 140 SCRA 400). The victim in this case did not only state that
she was raped but she testified convincingly on how the rape was committed. The victim's
testimony from the time she told her aunty and complain to the police station up to the time she
was brought to the hospital was corroborated by the medical report.

Under Article 6 paragraph 2 of the Revised Penal Code states that:

"A felony is consummated when all the elements necessary for its execution and accomplishment
are present; and it is frustrated when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator."

Now let us assume that you are the lawyer for the defense or the defense counsel. Your job is to
defend Ronald, the accused in this case. You do not have to prove his innocence because, under
the law, the accused shall be presumed innocent unless proven guilty beyond reasonable doubt.
The prosecution has the burden of proving the guilt. In the Transcript however, Ronald is
adamant that there is no crime committed because of a certain defense. What was his defense?
If proven to be true, it will refute the allegations made by Julia. What is this defense called? *

According to the medico legal of Dr. Amado Ampil, medical report found out that the victim’s
body suffered from laceration of the cervix posterior portion and laceration of the vaginal canal
posterior portion for about two days’ old which was normal in having a sexual relationship with
a virgin while there was no sign of force or intimidation based on the medical report stated that
no other injuries on the victim’s body. And during the night, the testimony of Mario while
watching his sick daughter, the did not able to see even if the moon shone brightly that night and
only the silence of the night was stated. While considering the fact that Ronald Galang was a
suitor for 12 months, she did not able to discourage from pursuing her which indicate a fact that
Julia also liked her. It was also corroborated that the accused being wrestled in the rough dry
ground but there was no other injuries was reported.
Research for jurisprudence about Ronald's defense and write it in the space below. Do not forget
to state your legal basis or case citation. *

Resistance Should be Made Before the Rape is Consummated. (G.R. No. 212193, February 15,
2017 PEOPLE v. MARQUEZ)
Three things are thus clear from the testimony of "AAA:" first, appellant never employed the
slightest force, threat or intimidation against her; second, "AAA" never gave the slightest hint of
rejection when appellant asked her to have sex with him; and, third, appellant did not act with
force since he readily desisted when "AAA" felt the slightest pain and tried to move during their
sexual congress. Commented [SB1]: Cited

In People v. Amogis, G. R. No. 133102 - October 25, 2001 this Court held that resistance must be
manifested and tenacious. A mere attempt to resist is not the resistance required and expected
of a woman defending her virtue, honor and chastity. And granting that it was sufficient, "AAA"
should have done it earlier or the moment appellant's evil design became manifest. In other
words, it would be unfair to convict a man of rape committed against a woman who, after giving
him the impression thru her unexplainable silence of her tacit consent and allowing him to have
sexual contact with her, changed her mind in the middle and charged him with rape.

(Reexamine: Facts) Having discovered the laws or rules that apply to your case, you should now
be in a better position to review your summary of the facts and add to it the other relevant facts
that you may have omitted. You could also subtract from your summary those facts that now
appear irrelevant to the applicable laws or rules and precedents that you have discovered. In the
space below, write what you would change (add or remove) from your summary of facts. If there
is nothing to change, write 'There is nothing to change in the summary presented.' *
The parties had an disagreement of the

After making a short summary of the relevant facts of the case and ascertaining the laws or
rules that apply to those facts, your next step in pre-work is to pinpoint the specific issues that
the conflicting claims of the parties present and to put those issues down in writing. Identifying
the issues and writing them on paper are indispensable to all kinds of legal writing for a simple
reason: everything you write - the facts, the law, the argument, and the relief - must take
bearing on those issues. You write aimlessly when you are unable to understand the issues in
your case or unable to hold on to it.

Issues are not too difficult to spot. There is an issue when the contending parties do not agree
on a given point. To detect an issue, all you need is compare the facts and the laws that two
sides claim and identify the areas of disagreement. For a closer evaluation, it should make
sense in pre-work to draw up a list of all the issues that the opposing claims of the parties
present. But first, it should equally make sense to take note of what the parties agree on (non-
issue/s).
Compare the testimonies, evidence, and laws of two opposing claims in the case under study.
What part/s do the parties AGREE on? What are the NON-ISSUE/S? List in the space below. *

There was a carnal knowledge between Julia Torres and Ronald Galang during the night in the
rice field near Mario’s House which no outcry of a woman can be heard by Mario.

Compare the testimonies, evidence, and laws of two opposing claims in the case under study.
What part/s do the parties DISAGREE on? Where do the conflicts between the parties lie? What
are the ISSUE/S? List in the space below. *

During the carnal knowledge, there was a force or intimidation by the accused based on the
testimony given by Julia Torres. While Ronald Galang contend that they have a mutual sexual
relation that night, the issue of rape only arises when Ronald Galang based on his testimony, he
did not agree with the proposal to marry Julia Torres.
Resistance between the victim prior the act of execution of rape by the accused.
According to medico legal or the medical report by the doctor, there was no other sign of
injuries except for the laceration on the vagina inflicted by the sexual intercourse through force
or not.

Issues can be further categorized as (1) Factual and (2) Legal Issues. An issue is factual when the
contending parties cannot agree that a thing exists or has actually happened. An issue is legal
when the contending parties assume a thing exists or has actually happened but disagree on its
legal significance or effect on their rights. From the issues you have listed above, copy+paste your
answer in the space below, and then label each either as FACTUAL or LEGAL ISSUE. *

FACTUAL ISSUE:
During the carnal knowledge, there was a force or intimidation by the accused based on the
testimony given by Julia Torres. While Ronald Galang contend that they have a mutual sexual
relation that night, the issue of rape only arises when Ronald Galang based on his testimony, he
did not agree with the proposal to marry Julia Torres.

There was a carnal knowledge between Julia Torres and Ronald Galang during the night in the
rice field near Mario’s House which no outcry of a woman can be heard by Mario.

Resistance between the victim prior the act of execution of rape by the accused.

LEGAL ISSUE:
According to medico legal or the medical report by the doctor, there was no other sign of injuries
except for the laceration on the vagina inflicted by the sexual intercourse through force or not.

In crafting your arguments, you need to be guided by your thesis statement or proposition. In
this case under study (about Julia and Roland), you have to declare where do you stand in the
issue, after careful study of the facts and the applicable law. Note that a thesis statement or
proposition must be complete, it must have a subject and a predicate. Write your thesis
statement or proposition below. *

Ronald Galang is liable for the crime of rape

Now that you have a thesis statement or proposition, let us now give a sound argument of your
stand. There are many ways by which this could be done, but the simplest way would be to
outline your arguments using CATEGORICAL SYLLOGISM. This is not to say that your argument
shall only be three short sentences. But rather, we follow the logical flow of a categorical
syllogism. The MAJOR PREMISE is a general categorical statement that is always true. The law is
always right, it is always true, it is the authority. So state the legal basis/applicable law of your
argument as your major premise. The MINOR PREMISE is a statement applying the general
statement (major premise) to the specific case. Thus, as for your minor premise, apply the law of
the case with the related facts. And then make a CONCLUSION. The conclusion must mirror your
thesis statement or proposition. See the sample below. Draft your argument and write on the
space below. *

PREPOSITION/THESIS STATEMENT:
Ronald Galang is liable for the crime of rape.
MAJOR PREMISE/APPLICABLE RULE OR JURISPRUDENCE:
Pursuant to 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
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.

Carnal knowledge is defined as the act of a man in having sexual bodily

connections with a woman (Black's Law Dictionary. Fifth Edition, p. 193).

Resistance Should be Made Before the Rape is Consummated. (G.R. No. 212193,
February 15, 2017 PEOPLE v. MARQUEZ)

Three things are thus clear from the testimony of "AAA:" first, appellant never
employed the slightest force, threat or intimidation against her; second, "AAA" never
gave the slightest hint of rejection when appellant asked her to have sex with him; and,
third, appellant did not act with force since he readily desisted when "AAA" felt the
slightest pain and tried to move during their sexual congress. Commented [SB2]: Cited

In People v. Amogis, G. R. No. 133102 - October 25, 2001 this Court held that
resistance must be manifested and tenacious. A mere attempt to resist is not the
resistance required and expected of a woman defending her virtue, honor and chastity.
And granting that it was sufficient, "AAA" should have done it earlier or the moment
appellant's evil design became manifest. In other words, it would be unfair to convict a
man of rape committed against a woman who, after giving him the impression thru her
unexplainable silence of her tacit consent and allowing him to have sexual contact with
her, changed her mind in the middle and charged him with rape.

MINOR PREMISE/APPLY THE LAW TO THE SPECIFC FACTS.

In the case at bar, it is clear that Ronald was acquitted of the crime of rape.
Considering the fact that Ronald Galang was a suitor for 12 months, and Julia did not able
 to discourage or stopping him from pursuing her which indicate a fact that Julia also liked
her. It was also corroborated that the victim being grabbed her hand by the accused and
wrestled in the rough dry ground but there were no other injuries was reported caused
by the force made by the accused to the victim under the medical report issued by the
doctor, that only the laceration and no other injuries was found in the physical
examination. The control of the situation was consensual for the both parties, and there
was no resistance that should be made before the rape was consummated.

CONCLUSION:
Ronald Galang is acquitted of the crime of rape, then both shall be liable for cost de officio.