(Rape) Xv-09-Inv-16d-00518 (Dela Paz) - Rape (Rpc266-A)

Republic of the Philippines
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
Marikina City
KDPV MINOR-VICTIM INV-16D-00518, (14 NPS DOC. NO. XV-09-INV-16D-00518

years old) Assisted by: KATHERINE DELA
PAZ y VILLANUEVA
Complainant, -for-
RAPE under Art. 266-A, number 1 (a)

of the Revised Penal Code, as
LOREN LANDER SOSA, amended, in relation to Republic Act
Respondent. No. 7610
x----------------------------------------------------------x
RESOLUTION
This resolves the complaint for RAPE under Article 266-A, number 1 (a) of the
Revised Penal Code, as amended, in relation to Republic Act No. 7610 filed by Minor
Complainant, assisted by her mother, KATHERINE DELA PAZ y VILLANUEVA against
respondent LOREN LANDER SOSA (SOSA) and IRISH NOAH MADRILEJOS ALINSOD
(ALINSOD).
Respondent ALINSOD is no longer considered part of the legal proceedings before

this Office after having presented an NSO authenticated Certificate of Live Birth on 9 June
2016 showing that he is only 14-years-old
Minor complainant alleged in her SINUMPAANG SALAYSAY that the incident

occurred at around 11:30 p.m. on 17 April 2016 at the bathroom of the Ser Ball Resort at 49 F.
Josef St., Araneta Sbdv., Brgy. Concepcion Uno, Marikina City. She avers that on the day in
question, she, along with several friends, went to the Ser Ball Resort for a night of
swimming and merriment. At around 10:45 p.m. minor complainant and her friends started
drinking liquor, specifically 1-litre bottle of Emperador. As the night progressed, minor
complainant began to feel inebriated. Consequently, she proceeded to go to the comfort
room for women to relieve herself. Minor complainant closed the door behind her but
neglected to lock the same. Subsequently respondent ALINSOD entered the bathroom and
blocked minor complainants path as she proceeded to exit the room. Shortly thereafter
respondent SOSA entered the room and proceeded to turn off the lights and locked the
door. At this point, minor complainant attempted to leave the room but was prevailed upon
by respondent SOSA by twisting her arm. Then said respondent forcibly removed minor
complainant shorts and forced the latter to sit atop the former while respondent was seated
at the toilet bowl. It was in this position that respondent successfully penetrated minor
complainant. After respondent SOSA satisfied his bestial desires, respondent ALINSOD
then proceeded to rape complainant in the same manner.
Minor complainant further asseverates that her resistance to the advances of her
assailants proved futile because of the superior strength of the latter and that her state of
druken stupor disabled her from fully defending her virtue.
Respondent SOSA in his SINUMPAANG KONTRA-SALAYSAY denied the material
allegations of minor complainant. In his version of the story, he admits to having been
within the vicinity of the womens bathroom while minor complainant relieved herself but
denied having entered the same. According to his narration, he remained outside the door
of the bathroom for about 30 minutes until minor complainant came out with respondent
ALINSOD. Respondent SOSA adds that after minor complainant had exit the bathroom
there was no indication that she had been harmed because she still participated in the
merriment then on-going.
We now resolve.
After prudent analysis of the issues involved and the evidence presented, we find
probable cause to indict respondent for one (1) count of rape through sexual intercourse
under the first (1st) paragraph of Article 266-A of the Revised Penal Code, as amended, in
relation to Republic Act No. 7610.
The first paragraph of Article 266-A of the Revised Penal Code, as amended, has the
following elements, to wit:
(1.)That the offender is a man;
(2.)That the offender had carnal knowledge of a woman;
(3.)That such act is accomplished under any of the following circumstances:
0 (a.) By using force or intimidation, or
1 (b.) When the woman is deprived of reason or otherwise unconscious, or
2 (c.) By means of fraudulent machination or grave abuse of authority, or
3 (d.) When the woman is under 12 years of age or demented.
4
In the instant controversy, complainant, a 14-year-old female minor, was able to give
in detail the harrowing and humiliating experience she had endured in the hands of the
respondent, an 18-year-old male, in at least one (1) occasions, particularly on the 17 th of
April, 2016. It was sufficiently shown, and uncontroverted, that respondent employed force
to facilitate his lewd designs. This is apparent from complainants assertion that respondent
twisted her arm and forcibly covered her mouth. In a long line of cases the Supreme Court
has held that it is not necessary that the victim should have resisted unto death or sustained
physical injuries in the hands of the rapist. It is sufficient if intercourse takes place against
her will or if she yields because of genuine apprehension of harm to her if she did not do
so1.
The allegation that there were other persons within the vicinity of the resort
rendering it impossible for such malevolent acts to be committed or at least for complainant
to seek help is to shallow for there is no rule that rape can only be committed in seclusion.
As held, the presence of people nearby does not deter rapists from committing their odious
act2.
WHEREFORE, there being probable cause, respectfully recommended the filing of

an Information for RAPE under Art. 266-A, number 1 (a) of the Revised Penal Code, as
amended in relation to R.A. 7610.
City of Marikina. 18 July 2016.
AGATHA Z. DE JESUS
Assistant City Prosecutor
1
People v. Sending, G.R. Nos. 141773-76, 20 January 2003
2
People v. Belga, 349 SCRA 678
MCLE Compliance No.
APPROVED:
JASON ANTONIO AMANTE

City Prosecutor
MCLE Compliance No.
Cc:
Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Marikina City
PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. ___________________

Plaintiff, (NPS DOC. NO. XV-09-INV-16D-00518)
-versus- -for-
LOREN LANDER A. SOSA, RAPE under Art. 266-A, number 1 (a) of

Accused/s. the Revised Penal Code, as amended, in
x-----------------------------------------------x relation to Republic Act No. 7610
INFORMATION
The undersigned Assistant City Prosecutor accuses LOREN LANDER A. SOSA of

the crime of RAPE under Art. 266-A, number 1 (a) of the Revised Penal Code, as amended,
in relation to Republic Act No. 7610, committed as follows:
That on or about the 17th day of April, 2016, in the City of Marikina, Philippines and
within the jurisdiction of this honorable court, the above-named accused, with lewd design
and by means of force, violence and intimidation, did then and there, willfully, unlawfully
and feloniously have carnal knowledge of one KATHREEN CARL V. DELA PAZ, 14 years
of age at the time of the commission of the offense, by inserting his penis inside her vagina
against her will and without her consent, which act of the accused by deeds debases,
degrades, or demeans the intrinsic worth and dignity of the minor as a human being and is
prejudicial to her normal growth and development.
CONTRARY TO LAW.
Marikina City, 18 July 2016.
AGATHA Z. DE JESUS
MCLE Compliance No.
APPROVED:
JASON ANTONIO AMANTE

City Prosecutor
MCLE Compliance No. V-0002158
I HEREBY CERTIFY that I have conducted a preliminary investigation in this case in

accordance with the law; that the complainant was personally examined and that on the
basis of the sworn-statements and other evidence presented, there is reasonable ground to
believe that a crime charged has been committed and that the accused is probably guilty
thereof; that the accused was informed of the complaint and of the evidence presented
against him and was given the opportunity to submit controverting evidence. I further
certify that the filing of this Information is with the prior authority and approval of the City
Prosecutor.
AGATHA Z. DE JESUS
MCLE Compliance No.
SUBSCRIBED AND SWORN to before me this ________________ in the City of
Marikina.
Witnesses:

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Republic of the Philippines

KDPV MINOR-VICTIM INV-16D-00518, (14 NPS DOC. NO. XV-09-INV-16D-00518

RAPE under Art. 266-A, number 1 (a)

Respondent ALINSOD is no longer considered part of the legal proceedings before

Minor complainant alleged in her SINUMPAANG SALAYSAY that the incident

WHEREFORE, there being probable cause, respectfully recommended the filing of

City of Marikina. 18 July 2016.

JASON ANTONIO AMANTE

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. ___________________

LOREN LANDER A. SOSA, RAPE under Art. 266-A, number 1 (a) of

The undersigned Assistant City Prosecutor accuses LOREN LANDER A. SOSA of

JASON ANTONIO AMANTE

I HEREBY CERTIFY that I have conducted a preliminary investigation in this case in

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