Lacbay and Paragsa v. Samoy
Lacbay and Paragsa v. Samoy
Lacbay and Paragsa v. Samoy
RULING:
1. Force and intimidation were not proven. Mirasol did not offer any
resistance or vocal protestation against the alleged sexual assault.
3. Still another circumstance is the fact that Mirasol did not bother
at all to rebut the testimony of the appellant and his witnesses to
the effect that the accused and Mirasol were actually sweethearts;
4. She did not feel any pain. She did not bleed (so she wasn’t
virgin); 4 ejaculations -> easy time doing it
These requisites are all present in this case. Hence, the silence of
Mirasol may be safely construed as an admission of such assertion.
ACQUITTED.
PEOPLE VS. LARRANAGA o It takes only 1 hour to travel by plane from Manila
to Cebu and there are 4 airline companies plying
FACTS: the route.
4 motions of reconsideration (SC decision) filed separately by o 4 witnesses identified Larranaga as one of the two
appellants: men talking to Marijoy and Jacqueline.
o Francisco Juan Larranaga o Shiela Singson saw Larranaga approach the sisters
o Josman Aznar at the West Entry of Ayala Center. The incident
o Rowen Adlawan, Alberto Cano, and Ariel Balansag reminded her of Jacqueline’s prior story that he was
o James Anthony Uy and James Andrew Uy Marijoy’s admirer.
They assailed the Feb. 3, 2004 resolution convicting them of o The security guard corroborated this testimony.
the crimes (a) special complex crime of kidnapping and
serious illegal detention, and (b) simple kidnapping and Re: Prior Charge Against Larranaga
serious illegal detention. The Court also mentioned that this was not the first time
Larranaga’s defenses: Larranaga was charged with or complained of assaulting
o Court erred in barring Larranaga and NBI Regional young female students in Cebu.
Director Florencio Villarin from testifying Months before the abduction of Marijoy and Jackie, the
o Police planted evidence parents of a certain Rochelle Virtucio, complained about
o Sufficiently proved alibi Larrañaga’s attempt to snatch their young daughter and drag
o Prevented the introduction of key defense evidence her in a black, stylish Honda Civic.
o Corpse found was not Marijoy (ravine of Tan-awan It happened just near the gate of Rochelle’s school, thus,
Carcar) showing his impudence.
o Rusia was a coached witness The parents sent a letter addressed to Student Affairs Office
Aznar: TC violated rights of the accused and due process of University of Sancarlos:
o Court erred in discharging David Rusia as State o Monday, 5PM: Rochelle with other classmates,
Witness and convicting them mainly on the basis of while on their way to get a ride home near the
Rusia’s testimony school campus, a black Honda Civic with five
Adlawan, et. Al: Rusia is not qualified to be a state witness young male teenagers including the driver,
o Rusia’s testimony is inconsistent suddenly stopped beside them, and
James Andrew and James Anthony Uy: minors at the time simultaneously one of them, Larranaga,
Larranaga submitted separate study of Dr. Rosario-Fortun to grabbed Rochelle by her hand to try to get
show that the examination conducted by prosecution expert Rochelle to their vehicle.
witnesses on the body found is inadequeate. o Rochelle resisted and got away. Sensing people
Aznar submitted an affidavit: 1) police investigation was were watching, they hurriedly sped away.
flawed; 2) he was involved because of possession of a pack The presence of such complaint does not enhance
of shabu and firearms; 3) Rusia is not a credible witness Larranaga’s chance of securing an acquittal.
o OSG filed comment: no new argument raised.
o Aznar’s reply: OSG read out of context certain Re: Other Defense Witnesses
portions which exposes flawed investigation Prof. Bailen – properly excluded; not a fingerprint expert but
In summary, issues raised is the Court erred: an archaeologist; and report consists merely of results of
o in according credence to Rusia’s testimony visual inspection of exhibits several months old.
o In rejecting appellant’s alibi; Atty. Villarin: failure to testify; Affidavit is neither helpful nor
o In holding that the trial court did not violate their encouraging Aznar’s cause
right to due process when it excluded the testimony o He just wanted to impress that he deserved the
of other defense witnesses promotion. (Police officers, prosecutors promoted)
o In holding that the body found in Tan-awan, Carcar Separate study of Dr. Fortun- not newly-discovered evid
was not that of Marijoy
Re: Body found
RULING: Fingerprint expert Lenizo testified fingerprints matched
Points raised are mere rehash of arguments set forth in their Marijoy’s
respective briefs. Packaging tape and handcuff -same items placed on Marijoy
and Jacqueline when detained
Re: Rusia’s testimony Same clothes
Rusia’s testimony was not viewed in isolation. The trial court Members of Chiong family identified
took into consideration the physical evidence and
corroborative testimonies of other witnesses. Re: Uy brothers
The presence of Marijoy’s ravished body with tape on her Secure from NSO a clear and legible copy of birth certificates
mouth and handcuffs on her wrists bolstered Rusia’s
testimony. MR DENIED.
o Davillo and Minoza witnessed Jacqueline’s 2 failed
attempts to escape from appellants near Ayala
Center
o Molina and Vergara recognized Rowen who
inquired for vechicle for hire on the evening.
o Duarte saw Rowen when he bought barbeque and
heard voices of quarreling male and female
emanating from van.
o Manuel Camingao and Rosendo Rio testified on
presence of Larranaga and Josman.
Re: Alibi
Appellants failed to meet the requirements of alibi. They failed
to establish it was physically impossible for them to be at the
Ayala Center, Cebu City when the Chiong sisters were
abducted.
Appellants were within the vicinity of Cebu City.
Not even Larranaga who claimed to be in QC satisfied the
required proof of physical impossibility.