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COURT OF APPEALS
Manila
Third DIVISION
JUANITO DALAWAHAN,
Accused-Appellant,
- versus
PREFATORY STATEMENT
premise
made
THE PARTIES
Saballla vs. NLRC, ibid, citing Nicos Industrial Corp vs CA, 206 SCRA 127
I
STATEMENT OF FACTS
l.1 Juanito Dalawahan is a forty seven (47) years old man who drives
a passenger jeep as a means of livelihood. The private complainant,
Rosalinda Ayamor is the niece of the accused who was then studying
at Sampaloc Elementary School, Tanay, Rizal;
1.2 Private complainant alleged that she was raped by her uncle,
accused-appellant in the instant case, on two occasions, in the
afternoon of March 24 and March 29, 1998 inside the passenger jeep
being driven by the latter;
1.3 The passenger jeep was parked in a broad daylight infront of
several houses. The jeep had partially glass doors with the back door
open and the wind shield not covered where the offense charged was
allegedly committed by the accused-appellant;
1.4 On the dates of the alleged commission of the offense charged,
the accused-appellant was engaged with his usual work, transporting
passengers using his vehicle;
1.5 The Medical Report of the alleged rape was made on April 9,
1999, a lapse of more than a year after the commission of the alleged
offense charged.
II
ASSIGNMENT OF ERRORS
2.
III
ARGUMENTS
1.
Delay in
Doubtful.
Filing
Complaint
Renders
Rape
Charge
Incredible.
With the presence at the premises and the alleged
rape was consummated on the front seats of the jeepney
at a public area on broad daylight, the opportunity to
commit the rape is hardly present. More than that the
alleged rape was committed at 3:00 oclock in the
afternoon, the elements of secrecy had been totally
ignored of disregarded which is quite unbelievable and
d.
e.
The inconsistency
testimony.
of
the
prosecutions
witness
Alibi.
Accused was physically impossible to commit the
crime of rape. On March 24 he was busy engaged in
driving his passenger jeep, as a school service. This was
corroborated by Elena Padios, mother of one of his
passengers who rode on the jeep on that same day. They
arrived at school around 2:00 p.m. and left at 5:30 p.m.
at the afternoon.
g.
Motive.
The Ramos ruling as appreciated by the trial court
in its decision cannot be taken credence for the
complaint was a concoction of a well planned revenge of
the family of the alleged victim. As provided in the
testimony of the appellant, this began when the accused
had an altercation with the victims father regarding
money matters.
This created a rift between them.
Despite this, the accused remained patient and kind to
allow her niece, to play and watch television in his
residence. Plus, the victim had a history of delinquency.
Barangay Secretary Jaime Ruelo testified during trial
that Maricel Dela Cruz, victims sister reported to him at
the barangay hall that the victim went with her
2.
b.
By:
VERIFICATION/CERTIFICATION
JUANITO DALAWAHAN
Doc. No.: 1
Page no.:1
Book no.:I
Series of 2010
Copy Furnished:
Office of the Provincial Prosecutor
Tanay, Rizal
EXPLANATION
Pursuant to Section II, Rule 13 of the 1997 Rules of Court, the
foregoing Brief is sent by registered mail due to lack of messengerial
personnel and time constraint in the filling thereof.
10