Resolution: Office of The City Prosecutor

Republic of the Philippines
Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Baguio City
AAA, assisted by her father BBB,1 NPS DOCKET NO. I-01-INV-01C-

00001
Complainant,
-versus-
For: Rape in relation to R.A. No.
7610
SALVADOR CURRY,
Respondent.
x-------------------------------------------------------------------------------------------------x
RESOLUTION
This resolves the complaint for Rape in relation to Republic Act No.
7610, allegedly committed against complainant (AAA, 20 years old, with
the mental age of 10), by the Respondent.
COMPLAINANT’S VERSION
Complainant alleged that on January 4, 2019 at around 3:00 pm, she

was playing outside their house and Respondent called her come to her
house for some snacks. AAA, went to the house of the Respondent and she
was given snacks. AAA, alleges that after she take her snacks, Respondent
invited her to play “Bahay-Bahayan” (House) in his room, where the
Respondent will pretend as the father and the Victim shall be the mother.
When AAA, entered the room, Respondent unleashed his lustful desire to
the victim. Respondent, undressed the victim where she tricked the victim
into having carnal knowledge with him. AAA, allege that respondent made
her play what husbands and wives do. AAA stated in her “Sinumpaang
Salaysay” that Respondent after undressing her, kissed her lips, touch her
private parts and inserted her penis into her genitalia and made a push and
pull movement of his hips. After what the Respondent had done to her, she
threatened the victim to keep the incident a secret. AAA’s father had
1
Real name of the Complainant and her father is withheld to protect them and their privacy
AAA, vs. Salvador Curry, 2
NPS DOCKET NO. I-01-INV-01C-000001
RESOLUTION
known the incident because of the blood in her Jeans. After telling his
father what happened. She fainted and was brought to the Hospital.2
BBB, 45 years old, and a resident of Engineer’s Hill, Baguio City,

when he was being interviewed stated that when he came home from
work, and he saw her daughter crying. He asked why she was crying, and
told her what the Respondent did to her. After that he tried to confront the
Respondent on the same date but the latter was not in his house.3
RECSON BANGIBANG, 40 years old and a resident of the same,

during the investigation of the case that she saw AAA enter the house of
the Respondent at around 3:00 pm of January 4, 2018 and he saw AAA
leave the house of the respondent crying at around 5:00 pm of the same
date.4
Medico-Legal Investigation Report states that the victim had carnal

knowledge on the date of incident and based on the findings of PCI
TEOFILO M. RIVERA Jr., that the victim suffered sexual assault.5
RESPONDENT’S VERSION
Respondent on his defense alleges that on the date of the incident, he

was not in the place of the incident because he was taking a vacation at
Vista Hotel, Palaui, Cagayan from January 3, 2019 to January 6, 2019. He
was accompanied by her girlfriend VON MAHALAY. He presented
photographs and receipts to show his presence at Palaui, Cagayan. He also
allege that this case was a scheme by BBB, to extort money from him.6
VON MAHALAY, and MARIA BARIA OTSENTA, the Respondent’s

house helper, on their affidavit corroborates what the Respondent alleged
in his counter-Affidavit.7
EXISTENCE OF PROBABLE CAUSE
2
Sinumpaang Salaysay of Juana Marupok
3
Siumpaang Salaysay of Jojo Dagson
4
Sinumpaang Salaysay of Recson Bangibang
5
Medico-Legal Examination
6
Counter-Affidavit of Salvador Curry
7
Affidavit of Witness (Von Mahalay and Sel Ganuelas)
RESOLUTION
The undersigned Prosecutor finds that there is probable cause for the
filing of information of Rape in relation to R.A. No. 7610 against the
respondent. Art. 266-A of the Revised Penal Code provides that:
“Rape, When and How Committed.--- Rape is Committed ---
1. By a man who shall have carnal knowledge of a woman

under any of the following circumstances:
a. Through force, threat, or intimidation;
b. When the offended party is deprived of reason or
otherwise unconscious;
c. By means of fraudulent machination or grave abuse of
authority;
d. When the offended party is under twelve (12) years of
age, or otherwise demented.
xxx”
Respondent case falls unto the last circumstance, a crime of rape was
committed by having carnal knowledge with a woman who is under
twelve years old a “child” or otherwise demented. “Children” refers to
persons below eighteen (18) years of age or those but unable to fully take
care of themselves or to protect themselves from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental condition.8
Based on the evidence presented by the Complainant and the

Respondent, there is probable cause that the respondent committed the
crime charged. Probable cause means such reasons, supported by facts and
circumstances as will warrant a cautious man in the belief that his action
and the means taken in prosecuting it are legally just and proper. 9 A
finding of probable cause needs only to rest on evidence showing that
more likely than not a crime has been committed and there is enough
reason to believe that it was committed by the accused. It need not be based
on clear and convincing evidence of guilt, neither on evidence establishing
absolute certainty of guilt. A finding of probable cause merely binds over
the suspect to stand trial. It is not a pronouncement of guilt. The term does
not mean actual and positive cause nor does it import absolute certainty. It
is merely based on opinion and reasonable belief. x x x. Probable cause
8
Section. 3 (a), Republic Act No. 7610
9
Microsoft Corporation vs. Maxicorp, Inc., G.R. No. 140946, September 13, 2004
RESOLUTION
does not require an inquiry into whether there is sufficient evidence to
procure a conviction.10
Alibi was the resort of the defendant in evading this suit against him.
Settled is the rule that the defense of Alibi is inherently weak and crumbles
in the light of positive declarations of truthful witnesses who testified on
affirmative matters.11 On the top of its inherent weakness, alibi become less
plausible as a defense when it is corroborated only by relatives or close
friends of the accused.12
Respondent alleges that the complaint against him are self-serving

and it is a scheme to extort money from him. The investigating Prosecutor
is not in the position to determine the truth and falsity of the statement or
the admissibility of the evidence presented, where the court is in the better
position to decide the merits of the case. The counter-allegations of
respondents essentially delve on evidentiary matters that are best passed
upon in a full-blown trial. The issues upon which the charges are built
pertain to factual matters that cannot be threshed out conclusively during
the preliminary stage of the case. Precisely, there is a trial for the
presentation of prosecution's evidence in support of the charge. 13 The
presence or absence of the elements of the crime is evidentiary in nature
and is a matter of defense that may be passed upon after a full-blown trial
on the merits. The validity and merits of a party’s defense or accusation, as
well as admissibility of testimonies and evidence, are better ventilated
during trial proper than at the preliminary investigation level.14
WHEREFORE IN VIEW OF THE FOREGOING, the undersigned

Prosecutor resolves that there is sufficient probable cause to charge
respondent for Rape in relation to R.A. 7610 committed against AAA and
to recommend for filing information against respondent.
Baguio City, February 5, 2019.
VINCENT JAN N. TUDAYAN

Assistant City Prosecutor
Approved:
10
Galario vs. Office of the Ombudsman (Mindanao), G.R. No. 166797, July 10, 2007
11
People vs. Rollon, G.R. No. 131915, September 23, 2003
12
People v. Datingginoo, G.R. No. 95539, June 14, 1993
13
Quiambao vs. Desierto, G.R. No. 149069, September 20, 2004
14
Andres vs. Cuevas, G.R. No. 150869, June 9, 2005
RESOLUTION
ELVIE P. TALIB
City Prosecutor
Copy Furnished:
SALVADOR CURRY
Engineer’s Hill, Baguio City

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Republic of the Philippines

AAA, assisted by her father BBB,1 NPS DOCKET NO. I-01-INV-01C-

Complainant alleged that on January 4, 2019 at around 3:00 pm, she

BBB, 45 years old, and a resident of Engineer’s Hill, Baguio City,

RECSON BANGIBANG, 40 years old and a resident of the same,

Medico-Legal Investigation Report states that the victim had carnal

Respondent on his defense alleges that on the date of the incident, he

VON MAHALAY, and MARIA BARIA OTSENTA, the Respondent’s

EXISTENCE OF PROBABLE CAUSE

“Rape, When and How Committed.--- Rape is Committed ---

1. By a man who shall have carnal knowledge of a woman

Based on the evidence presented by the Complainant and the

Respondent alleges that the complaint against him are self-serving

WHEREFORE IN VIEW OF THE FOREGOING, the undersigned

Baguio City, February 5, 2019.

VINCENT JAN N. TUDAYAN

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