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LRW Resolution

This document is a draft Resolution from the Office of the City Prosecutor in Caloocan City regarding a rape complaint filed by Maria Clara y Realonda against Juan Dela Cruz. The Resolution outlines the allegations, evidence presented, including medical reports and witness statements, and concludes that there is probable cause to believe the crime of rape has been committed. It recommends that an Information for Rape be filed against the accused in the proper court.

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0% found this document useful (0 votes)
8 views5 pages

LRW Resolution

This document is a draft Resolution from the Office of the City Prosecutor in Caloocan City regarding a rape complaint filed by Maria Clara y Realonda against Juan Dela Cruz. The Resolution outlines the allegations, evidence presented, including medical reports and witness statements, and concludes that there is probable cause to believe the crime of rape has been committed. It recommends that an Information for Rape be filed against the accused in the proper court.

Uploaded by

rolan.mercado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Okay, I can construct a document formatted as a legal "Resolution" based on the information

provided in the sources. This document will summarize the case as presented by the Complaint-
Affidavit and the Counter-Affidavit, incorporate details from the supporting affidavits and the
medico-legal report, and conclude with a hypothetical finding based solely on the information
available in the sources.

Please note that this is a reconstruction based on the provided excerpts and follows the general
structure of a Resolution from a City Prosecutor's Office in the Philippines. Standard legal
templates often include specific phrasing for introduction, findings, and conclusion that are not
explicitly in the sources but are necessary for the form. Any information added to conform to the
document type (like standard legal headings or concluding phrases) will be based on common
legal practice and not derived from the specific source content itself, unless it's directly
supported by the sources (e.g., citing the law). I will also use placeholder information where
details like case numbers or specific prosecutor names are missing.

Here is the draft Resolution based on the sources:

REPUBLIC OF THE PHILIPPINES OFFICE OF THE CITY PROSECUTOR Caloocan


City

MARIA CLARA Y REALONDA, Complainant,

-versus-

JUAN DELA CRUZ, Accused/Respondent. x-----------------------------x

RESOLUTION IS NO. [Insert Placeholder Case Number Here] For: RAPE under Article
266-A of the Revised Penal Code

This resolves the Complaint-Affidavit filed by MARIA CLARA Y REALONDA against JUAN
DELA CRUZ for the crime of Rape under Article 266-A of the Revised Penal Code, and the
Counter-Affidavit filed by the Accused/Respondent, JUAN DELA CRUZ.

ANTECEDENTS

The Complainant, MARIA CLARA Y REALONDA, residing at 5th Street, Caloocan City,
alleges that on or about February 14, 2025, at around 6:00 pm, the Accused, JUAN DELA
CRUZ, entered her house, which was left open. She claims that by means of force, threat, and
intimidation, the Accused willfully, unlawfully, and feloniously had carnal knowledge with her
against her will.

According to the Complainant, she was intoxicated from a Valentine's celebration with her
friends, Olga de la Pena and Paulina Garcia, which made her vulnerable. She states that she
resisted the advances, but the Accused overpowered her, causing her fear and physical injuries.
The Complainant confided the incident to her friends Olga and Paulina who had left the house
before the Accused entered. They encouraged her to report the incident to the nearest police
station and submit to a medical examination. The Complainant immediately reported the incident
to the Caloocan Police Station Women’s Desk, which was reported at 6:30 pm on February 14,
2025. A referral for medical examination was issued, and the Complainant underwent a medical
examination at Caloocan City Medical Center.

Attached to the Complaint-Affidavit are a copy of the Joint Sworn Statement dated March 1,
2025, from Olga de la Pena and Paulina Garcia as Annex “A”, a copy of the Women and
Children Protection Desk Blotter Report dated February 14, 2025, as Annex “B”, and a copy of
the medico legal report dated February 14, 2025, as Annex “C”.

In their Joint Sworn Statement, Olga Dela Peña and Paulina Garcia affirm they are close friends
of the Complainant. They state they were with the Complainant at her residence for a Valentine’s
Day celebration on February 14, 2025, from around 2:00 PM. They attest that during the
celebration, the Complainant consumed alcoholic beverages and became visibly intoxicated,
making her physically weak and unable to fully defend herself. They state they left shortly before
6:00 PM and Juan Dela Cruz was not present when they left. They further state that the
Complainant contacted them later that evening in distress, informing them that the Accused had
arrived after they left, entered her home, and had sex with her despite her resistance. They
corroborated that the Complainant disclosed how the Accused overpowered her due to her
intoxicated state, causing fear and physical injuries. They advised and encouraged her to report
the incident and accompanied her to the Caloocan Police Station WCPD and supported her
medical examination.

The Women and Children Protection Desk (WCPD) Blotter Report from the Caloocan City
Police Station, dated February 14, 2025, reports the incident at approximately 6:00 PM at the
Complainant’s residence. It details the Complainant's account of being sexually assaulted by the
suspect, Juan Dela Cruz, who allegedly entered her home, took advantage of her intoxicated state
after her friends had left, and forcibly had carnal knowledge with her against her will. The report
notes that the Complainant resisted but was overpowered. Actions taken include interviewing the
Complainant, issuing a referral for medical examination, requesting a physical/genital
examination, advising the filing of a formal complaint, and ongoing investigation. Olga Dela
Peña and Paulina Garcia are listed as witnesses who provided sworn statements.

The Medico-Legal Report from Caloocan City Medical Center, dated February 14, 2025, details
the examination of Maria Clara y Realonda at 8:00 p.m., following an incident alleged to have
occurred at 6:00 p.m. that day. The Complainant’s allegation as recorded is "Pinilit ako ni Juan
Dela Cruz na makipag-sex sa kanya. Sinaktan niya ako at hindi ako nakalaban," meaning "Juan
Dela Cruz forced me to have sex with him. He hurt me and I couldn't fight back". The physical
examination noted the Complainant was alert but visibly distressed, anxious, and tearful, with
signs of psychological trauma. Her clothing included a torn blouse and undergarments, stained
with mud. External injuries documented include linear abrasions on the left cheek consistent with
fingernail scratches, petechiae on the neck suggestive of attempted strangulation, bruises on both
wrists indicative of forceful restraint, and contusions on inner thighs likely from forced
separation. Genital examination revealed erythema and swelling of the labia majora, fresh
lacerations at the 3 o’clock and 9 o’clock positions of the hymen consistent with recent
penetration, vaginal wall abrasions, and the presence of seminal fluid collected for DNA
analysis. Laboratory findings included vaginal/cervical swabs positive for spermatozoa and a
positive Acid Phosphatase Test indicating the presence of seminal fluid. The Medical Officer
concluded that the physical injuries were consistent with physical struggle and forcible restraint,
the genital findings were highly suggestive of non-consensual sexual intercourse, and the
psychological state showed acute stress reaction. The Final Diagnosis was Physical and Genital
Injuries Consistent with Forcible Sexual Intercourse (Rape) under Article 266-A, RPC.

The Accused/Respondent, JUAN DELA CRUZ, residing at 5th Street South Caloocan City,
vehemently denies all allegations against him, stating they are completely false, malicious, and
fabricated. He asserts that he was not present at the alleged crime scene (complainant’s residence
at 5th Street, South Caloocan City) on February 14, 2025, at around 6:00 PM. As his defense, he
presents an alibi supported by his witness, Ramon Montenegro, a longtime friend and City Hall
employee. He claims that he was at the Caloocan City Hall from 3:00 PM to 8:00 PM on the said
date, assisting in election-related activities.

The Accused/Respondent contends that the entire duration of the alleged incident coincides with
his presence at City Hall, making it physically impossible for him to have been at the
Complainant’s residence. He states that the City Hall premises have CCTV footage that can
confirm his alibi, which he is willing to present as evidence. He also asserts he is a person of
good moral character, with no prior criminal record or history of violence, as can be attested by
his colleagues and neighbors. He believes the complaint was filed with malicious intent, possibly
due to personal grudges or ulterior motives. He expresses willingness to submit additional
evidence, including sworn statements from other witnesses and official records from City Hall,
to prove his innocence. He respectfully requests the dismissal of the complaint for lack of merit
and insufficiency of evidence.

In his Affidavit, Ramon Montenegro, residing at Brgy. 49 Grace Park West South Caloocan City,
confirms he is a City Hall employee and longtime resident of Brgy. 49. He states he has known
Juan Dela Cruz since childhood. He is aware of the allegations. He attests that on February 14,
2025, Juan Dela Cruz was with him at City Hall from 3:00 p.m. to 8:00 p.m. to solicit volunteers
for local government unit activities. He states it was impossible for Juan Dela Cruz to be at the
crime scene during this period because he did not leave the premises of the city hall, which is
evidenced by their office's CCTV footage. He also attests that Juan Dela Cruz is a person of good
moral character with no history of violence or misconduct.

FINDINGS

The task of the Office of the City Prosecutor in a preliminary investigation is to determine
whether there is sufficient ground to engender a well-founded belief that a crime has been
committed and that the respondent is probably guilty thereof, and should be held for trial. It is
not a trial on the merits where guilt or innocence is finally determined.

The Complainant presents a clear and specific account of the alleged rape, including the date,
time, and place. Her account details the circumstances leading to her vulnerability (intoxication),
the force used by the Accused (entering open house, overpowering her), her resistance, and the
resulting fear and physical injuries. Her immediate reporting to the authorities is corroborated by
the WCPD Blotter Report, filed just 30 minutes after the alleged incident time.

Crucially, the Complainant's allegations of physical injuries consistent with struggle and
restraint, and genital findings highly suggestive of non-consensual sexual intercourse, are
strongly corroborated by the Medico-Legal Report. The report documents specific injuries like
abrasions, petechiae, bruises, and contusions, as well as hymenal lacerations, vaginal abrasions,
and the presence of spermatozoa, leading to a final diagnosis consistent with forcible sexual
intercourse. The friends, Olga and Paulina, provide corroborating testimony regarding the
Complainant's intoxicated state before the incident and her distressed state and account of being
overpowered shortly after.

On the other hand, the Accused presents a defense of alibi, asserting he was at City Hall from
3:00 PM to 8:00 PM on the date of the incident. This alibi is supported by the affidavit of Ramon
Montenegro, who confirms the Accused's presence at City Hall during the critical timeframe of
6:00 PM and states that City Hall CCTV footage can prove this.

While the Accused's alibi, if proven, could potentially negate his presence at the crime scene, its
conclusive determination requires examination of the evidence cited, particularly the CCTV
footage, and further evaluation of witness credibility, which is best done in a trial setting. At the
stage of preliminary investigation, the detailed and corroborated account of the Complainant,
particularly when supported by objective medical findings consistent with her allegations of
force and non-consensual sexual intercourse, establishes a prima facie case and a reasonable
belief that the alleged crime occurred and the Accused is probably involved. The alibi presented
is a matter of defense that needs to be substantiated during trial.

Given the positive findings in the Medico-Legal Report consistent with the Complainant's
narrative of forcible sexual intercourse, coupled with her immediate reporting and corroboration
from her friends regarding her state and subsequent distress, there appears to be sufficient
probable cause to hold the Accused for trial. The conflicting evidence, particularly the alibi,
raises factual issues that are better resolved during a full-blown trial where parties can present
and cross-examine witnesses and formally offer evidence like the alleged CCTV footage.

CONCLUSION

WHEREFORE, premises considered, the undersigned Prosecutor finds probable cause to believe
that the crime of Rape under Article 266-A of the Revised Penal Code has been committed and
that respondent JUAN DELA CRUZ is probably guilty thereof.

DISPOSITION

Let an Information for RAPE under Article 266-A of the Revised Penal Code be filed against
JUAN DELA CRUZ before the proper court.

Caloocan City, [Insert Date of Resolution Here, e.g., March 15, 2025].
(Sgd.) [Insert Placeholder Prosecutor Name Here] Assistant City Prosecutor Office of the
City Prosecutor Caloocan City

This document is constructed based solely on the information provided in the source materials
and follows the structure of a Philippine Prosecutor's Resolution. Placeholders for case numbers,
dates, and names of officials are included as they were not specified in the sources but are
necessary components of such a document.

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