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    Republic of The Philippines Court of Appeals National Capital Judicial Region First Division

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    Aya Beltran
    1) The appellee filed a brief in response to an appeal of a rape conviction. The brief argues that the trial court did not err in its decision and the conviction should be upheld. 2) It summarizes the facts of the case as presented at trial, with the victim testifying she was raped at knife point, while the appellant claims it was consensual. 3) The brief asserts that the appellant failed to prove his defense or relationship with the victim, and that his claims should be disregarded due to lack of evidence. The appellee requests that the conviction be sustained.

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    Republic of The Philippines Court of Appeals National Capital Judicial Region First Division

    Uploaded by

    Aya Beltran
    37 views6 pages
    1) The appellee filed a brief in response to an appeal of a rape conviction. The brief argues that the trial court did not err in its decision and the conviction should be upheld. 2) It summarizes the facts of the case as presented at trial, with the victim testifying she was raped at knife point, while the appellant claims it was consensual. 3) The brief asserts that the appellant failed to prove his defense or relationship with the victim, and that his claims should be disregarded due to lack of evidence. The appellee requests that the conviction be sustained.

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    1) The appellee filed a brief in response to an appeal of a rape conviction. The brief argues that the trial court did not err in its decision and the conviction should be upheld. 2) It summarizes the facts of the case as presented at trial, with the victim testifying she was raped at knife point, while the appellant claims it was consensual. 3) The brief asserts that the appellant failed to prove his defense or relationship with the victim, and that his claims should be disregarded due to lack of evidence. The appellee requests that the conviction be sustained.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    37 views6 pages

    Republic of The Philippines Court of Appeals National Capital Judicial Region First Division

    Uploaded by

    Aya Beltran
    1) The appellee filed a brief in response to an appeal of a rape conviction. The brief argues that the trial court did not err in its decision and the conviction should be upheld. 2) It summarizes the facts of the case as presented at trial, with the victim testifying she was raped at knife point, while the appellant claims it was consensual. 3) The brief asserts that the appellant failed to prove his defense or relationship with the victim, and that his claims should be disregarded due to lack of evidence. The appellee requests that the conviction be sustained.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 6

    Appellee’s Brief (Beltran, Ayana Jane R_Appellate Practice Final Exam)

    People of the Philippines v. Bong Barado


    Page 1 of 6

    x-------------------------------x
    Republic of the Philippines
    COURT OF APPEALS
    National Capital Judicial Region
    FIRST DIVISION

    PEOPLE OF THE PHILIPPINES


    Plaintiff-Appellee,

    - versus - CA-GR. No. 12345


    For: Rape
    BONG BARADO
    Accused-Appellant.
    x-------------------------------------x

    BRIEF FOR APPELLEE

    Plaintiff-Appellee, by the undersigned counsel, and to this Honorable Court


    respectfully files his brief for the Appellee.

    PREFATORY STATEMENT

    The Trial Court did not commit any error on its decision and that it must be
    sustained.

    THE PARTIES

    JANICE YOUNG is the victim as represented by Atty. Ayana Jane R.


    Beltran, where process and notice from this court may be served at room 123
    Baliwag St. Bocaue, Bulacan, while BONG BARADO, is the Appellee is
    represented by Atty. Juan Dela Cruz.

    TIMELINESS OF THE APPEAL

    The appellee received on June 29, 2021 the Decision of the Regional Trial Court
    promulgated on the same date. A Notice of Appeal was timely filed on June 30,
    2021. appellee received on July 3, 2021 the Order from the Court of Appeals
    directing Appellee to file his Appeal Brief within fifteen (15) days from receipt.
    Appellee’s Brief (Beltran, Ayana Jane R_Appellate Practice Final Exam)
    People of the Philippines v. Bong Barado
    Page 2 of 6

    x-------------------------------x
    Appellee received the appellee’s brief on July 6, 2021. Appellee filed his Appellee’s
    Brief on July 8, 2021. Hence, this timely compliance.

    STATEMENT OF FACTS

    The appellee testified that at about 3:30 o’clock in the morning of December
    6,2012 while sleeping and her children in another room of her house, the appellant
    suddenly appeared armed with a dagger knife quickly approached and uttered, what
    would you like, “puri” or “buhay”, she further claimed that she tried to stand up but
    the appellant pushed her down, telling her not to shout or else she would be killed.
    The appellee pleaded not to do her wrong. In the meantime, her children who were
    awaken by the commotion started to cry by the appellee insisted to his sexual
    advances. She further testified that while holding in his right hand the knife, using
    his right hand accused proceeded to slide down her underwear then pulled down his
    shorts with his left hand at same time. The appellant went on the top of appellee
    while poking the knife at left side of her body.

    In the appellant’s defense, he admitted that she was in the room of the
    appellee at that time and day but denied the charge of rape because she was invited
    by her through text messages; that there was no force or intimidation as when he
    and the appellant had been in a relationship even prior to that accident. He further
    claims that he in fact had frequent sexual intercourse with her freely, almost once a
    week, while the appellee’s husband is on duty in remote nightclub.

    II

    ASSIGNMENT OF ERROR

    The trial court did not commit any error which injuriously affected the
    substantial rights of the appellee.

    III

    ARGUMENTS

    Appellant’s failure to establish


    the existence of a relationship
    between him and the appellee.
    Appellee’s Brief (Beltran, Ayana Jane R_Appellate Practice Final Exam)
    People of the Philippines v. Bong Barado
    Page 3 of 6

    x-------------------------------x
    During the trial, the accused depended heavily on his alibi and the testimony
    of his relationship with the victim. The appellant failed to establish this
    relationship and failed to provide adequate evidence to support the matter. A single
    testimony from the accused’s friend does not give further proof to the matter.

    The appellant failed to


    establish that the sexual
    encounters were consented by
    the victim.

    A victim of rape acts in different ways when confronted in such a situation.


    Not every rape victim can be expected to act conformably to the usual expectations
    of everyone. In this case, his defense was he allegedly had frequent sexual
    intercourse with the victim. In the elements of rape, it disregards the frequency.
    Provided that the incident was without the consent of the aggrieved party, it shall
    qualify as rape. In the event that consent arises as a defense, it shall be the burden
    of proof of the accused that the incident was consented.

    Appellant’s accusation that


    victim is merely hiding her
    affair to her children is
    without further basis

    Accused-Appellant’s accusation of the victim as merely hiding its


    relationship to her children is without proof and must be disregarded.

    Appellant’s statement that he


    was invited through messages
    should be disregarded on the
    ground of lack of evidence.

    Accused-Appellant alleged that he was invited through text message. It must


    be disregarded for lack of evidence. The screenshots that were presented in court
    shows no stable proof that the victim invited him for a sexual intercourse.

    IV

    PRAYER

    WHEREFORE, the Appellee respectfully prays that Decision of the trial


    court be sustained. Appellee further prays for such other relief as may be just and
    equitable in the premises.

    Respectfully submitted. Ermita, Manila. July 12, 2021.


    Appellee’s Brief (Beltran, Ayana Jane R_Appellate Practice Final Exam)
    People of the Philippines v. Bong Barado
    Page 4 of 6

    x-------------------------------x
    AYANA JANE R. BELTRAN
    Counsel for the Plaintiff-Appellee
    Roll of Attorneys No. 11111
    IBP No. 22222
    MCLE Compliance No. II-3333 valid until 1
    August 2022

    EXPLANATION ON SERVICE BY PRIVATE COURIER SERVICE

    Plaintiff-appellee, by counsel, respectfully states that due to time constraints,


    the distance between counsel’s office and that of the adverse parties, the number of
    adverse parties, and the lack of sufficient messengerial personnel to effect personal
    service, copies of the foregoing Appellee’s Brief were thus served upon the adverse
    parties by private courier service (LBC).

    AYANA JANE R. BELTRAN

    REPUBLIC OF THE PHILIPPINES )


    Appellee’s Brief (Beltran, Ayana Jane R_Appellate Practice Final Exam)
    People of the Philippines v. Bong Barado
    Page 5 of 6

    x-------------------------------x
    CITY OF MANILA ) S.S

    AFFIDAVIT OF SERVICE

    Service upon the adverse parties of the foregoing Appellee’s Brief was
    effected by private courier service as hereunder evinced by the receipts attached
    opposite their names.

    WITNESS MY HAND this 12th day of July, 2021 in Manila, Philippines.

    BARNEY A. STINSON
    NOTARY PUBLIC
    Roll of Attorneys No. 4444
    IBP No. 5555
    MCLE Compliance No. IV-7777
    valid until 1 January 2022

    SUBSCRIBED AND SWORN to before me this 12th day of July, 2021 in


    Manila, Philippines by affiant who has satisfactorily proven his identity through his
    IBP Identification Card with Roll of Attorney No. 11111

    BARNEY A. STINSON
    NOTARY PUBLIC
    Roll of Attorneys No. 4444
    IBP No. 5555
    MCLE Compliance No. IV-7777
    valid until 1 January 2022

    Doc No:____;
    Page No.____;
    Appellee’s Brief (Beltran, Ayana Jane R_Appellate Practice Final Exam)
    People of the Philippines v. Bong Barado
    Page 6 of 6

    x-------------------------------x
    Book No.____;
    Series of 2021.

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