Appellee’s Brief (Beltran, Ayana Jane R_Appellate Practice Final Exam)
People of the Philippines v. Bong Barado
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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.
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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
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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
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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
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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
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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
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Book No.____;
Series of 2021.
