Republic of the Philippines Department of Justice ALBAY PROVINCIAL PROSECUTOR Ligao Sub Office Ligao City

Mayleyn D. Hesita Complainant, Versus

I.S. No. 07-00021 For: Rape in relation to R.A. 7610

Alfredo D. Llamas, Respondent

RESOLUTION

This resolves the complaint for Rape in relation to R.A. 7610 allegedly committed against complainant MAYLEYN HESITA y DECENA, ( 14 years old), by the respondent. Complainant Mayleyn Hesita y Decena, claimed that she was sexually molested for five (5) times by Alfredo Llamas wherein it was started when she was still in grade three (3) sometime in year 2008 and repeatedly happened sometimes in year 2010 wherein she cannot recall the exact dates and months of the 4th incident only remember the 5th incident and it happened last November 2010 at about 7:00 oclock in the morning at the back of their house, when her parents leave to work in the ricefield she was pulled by Alfredo Llamas and threatened her with knife to lay on the sand and there consummated his sexual desire. Mayleyn presented Medico Legal Certificate issued by Dra. Marie Jane N. Revereza the Municipal Health Officer of Busac, Oas, Albay with the conclusion that :child made disclosure of sexual abuse evident by the Anogenital findings which are suggestive of blunt force or penetrating trauma and presence of healed laceration. Respondent did not submit his counter-affidavit despite the subpoenas and notices issued to him, according to Sec (3) of Rule 112 fo the Rules of Court an investigating prosecutor can file a resolution based on the evidence presented by the complainant after the lapse of reglementary period given the accused to submit his counter-affidavit. Complainant also submitted her Certificate of Live Birth which shows that she was born on May 23, 1996 and that she was fourteen years old a minor at the time of commission of the offense against her. After the evaluation of the evidence adduced by the complainant, we find merit to the complaint for Rape in relation to R.A. 7610.

The Rape was allegedly repeated in almost the same manner and fashion for about five (5) times first when Mayleyn was in grade three (3) and then four times on 2010 where in she recalled the month of last act to be November 2010.

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 is be present. 2.) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another persons mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. Article III Sec 5 (b) of R.A. 7610 Child Prostitution and other sexual abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: (b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse. It is very clear from the evidence that respondent committed rape against Mayleyn. It should be stressed that Mayleyn stated in her complaint affidavit that respondent place or inserted his penis into her vagina and thus consummated the act of rape. The testimony of the offended party most often is the only one available to prove directly the commission of rape, the accused was known to the victim being a neighborhood make her easy for him to identify him. With regards to the exact date of the commission of the crime the Revised Penal Code does not enumerate the time as an element of the crime of rape, it is enough that there is a sexual intercourse or a penetration under the condition enumerated by the Revised Penal Code.

Wherefore, we resolve that there is sufficient probable cause to charge the respondent for five (5) counts of rape under Article 266-A paragraph 1 of the Revised Penal Code in realtion to Article III Sec 5 (b) of R.A. 7610, committed against MAYLEYN HESITA y DECENA.

Ligao Albay, July 9, 2011.

APPROVED:

JOAN CORDIS-PINEDA Assisstant Prosecutor

_________________ Prosecutor

Copy furnished: Myleyn D. Hesita Busac, Oas, Albay Alfredo D. Llamas Busac, Oas, Albay