Facts:

In the consolidated cases of Iris Kristine Balois Alberto and Benjamin D. Balois vs. Hon. Court of Appeals, et al., the case revolves around allegations of rape, serious illegal detention, and forcible abduction involving Iris Kristine Balois, a minor at the time of the incidents. The petitioners, Iris (born December 30, 1984) and her grandfather Benjamin, accused several individuals, including Gil Anthony Calianga and attorney Rodrigo A. Reyna, among others, of these serious crimes.

The events unfolded in three distinct incidents. On December 28, 2001, Iris, who was 16 years old, was allegedly coerced by respondent Gil Anthony Calianga into sexual intercourse after being incapacitated by food and drinks he had brought. Gil denied the allegations, claiming they had a consensual relationship.

The second incident occurred on April 23-24, 2002, during which Iris alleged that Gil, with the assistance of other respondents, abducted her at knifepoint and forced her into a relationshi

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Facts:

Incidents of December 28, 2001

• Petitioners alleged that at around midnight on December 28, 2001, respondent Gil Anthony Calianga contacted petitioner Iris Kristine Alberto, then 16 years old, informing her that he was at their garage with food and drinks.
• Initially, Iris refused to see him due to fear of being reprimanded, but eventually, she accepted the food.
• While conversing, Iris suddenly felt weak and dizzy and attempted to return to her room; Gil assisted her and laid her on a bed.
• Gil then began kissing Iris, which prompted her to scream. He subsequently covered her mouth with a pillow and, using force and intimidation, engaged in sexual intercourse with her.
• Before leaving, Gil warned Iris not to disclose the incident under threat of killing her.
• In rebuttal, respondents claimed that the encounter was consensual, asserting that Gil and Iris met at the Mormon Church in Muntinlupa City and, as sweethearts, initiated an amorous physical relationship, with their first intimate night occurring in Iris’s bedroom.

Incidents of April 23 to 24, 2002

• Petitioners contended that on April 23, 2002, Gil called Iris—then 17 years old—and told her he would pick her up for a church-related volleyball practice.
• They met at South Green Heights around 5:30 p.m. and proceeded to Camella, where they met respondent Jessebel Calianga and her friend Grace Evangelista.
• At approximately 6:30 p.m., Gil and Iris boarded a tricycle; however, instead of going to church, Gil, brandishing a knife, altered the destination.
• The pair then went to a McDonald’s restaurant in San Pedro, Laguna, later transferring to a car driven by Grace’s common-law husband, and ultimately returned to Camella where they had dinner at a relative’s house.
• During dinner, Iris overheard respondent Atty. Rodrigo Reyna instructing Jessebel to take her to Marikina City. Subsequently, after dinner, Atty. Reyna called Iris and ordered her to remain indoors due to the presence of her relatives, despite her pleas to be allowed to leave.
• The next morning, on April 24, 2002, Atty. Reyna directed Iris to tell her relatives that she had voluntarily gone with Gil, adding that she was treated well and that her actions were motivated by her love for him.
• In contrast, respondents maintained that Iris had been found by her brother Eldon after spending the night with Gil; fearing repercussions, the couple had eloped and stayed at Grace’s grandfather’s house, with later arrangements made for her return after a joint search by Iris’ relatives and Atty. Reyna.

Incidents of June 23 to November 9, 2003

• Petitioners alleged that on June 23, 2003, Iris was forcibly abducted in front of Assumption College.
• It was claimed that Gil conspired with Atty. Reyna and respondent Arturo Calianga to abduct Iris so as to prevent her from attending a preliminary investigation scheduled on June 25, 2003 relating to previous charges.
• In the aftermath, Iris’s family sought assistance from police agents at Arturo’s residence, where they were told by Grace that Gil had left with some clothes and that Iris had eloped, reportedly heading to Cagayan de Oro City.
• Soon after, Gil, Atty. Reyna, and Arturo allegedly began a course of psychological manipulation. On June 27, 2003, with the aid of two men, Gil transferred Iris to Cagayan de Oro City where she was confined in a small room near a pigpen.
• During her captivity, Gil raped Iris almost daily—even during her menstrual period—and beat her upon resistance. He also threatened to kill her entire family using the influence of his Moslem relatives.
• Respondents, however, argued that Iris had willingly eloped with Gil for a second time after visiting the City Prosecutor’s Office, asserting that her subsequent actions—such as executing an affidavit on August 6, 2003, and appearing on television on August 13, 2003—demonstrated that her decision was voluntary.
• Later, on November 9, 2003, Iris’s grandfather, Benjamin, forcibly separated her from Gil while they were en route to church, thereafter keeping her incommunicado for several days before compelling her to declare publicly that she was kidnapped and raped.

Disposition of the Criminal Complaints

• In Criminal Complaint No. I.S. No. 02-G-03020-22 filed by Benjamin:
• The City Prosecutor of Muntinlupa City dismissed charges of Rape and Serious Illegal Detention against Gil, Atty. Reyna, Jessebel, and Grace on July 9, 2003 due to insufficiency of evidence.
• However, because records showed that Gil had engaged in sexual intercourse with a minor, he was recommended for charges of Child Abuse under Section 5(b) of RA 7610.
• In Criminal Complaint No. I.S. No. 03-G-14027-75 filed by Benjamin:
• The Makati City Prosecutor dismissed charges for Kidnapping, Serious Illegal Detention, Grave Coercion, and Obstruction of Justice against Gil, Atty. Reyna, and Arturo for lack of merit or insufficiency of evidence.
• In Criminal Complaint No. I.S. No. 2004-127 filed by Iris:
• The DOJ Task Force dismissed the case for Forcible Abduction with Rape and Obstruction of Justice against Gil, Atty. Reyna, and Arturo due to conflicting testimonies and credibility issues, particularly stemming from Iris’s inconsistent statements.

Proceedings Before the Department of Justice

• On December 11, 2006, the DOJ Secretary issued a resolution which was later amended on December 22, 2006, consolidating petitions and finding probable cause to charge:
• Gil for Rape (in relation to RA 7610, Section 5(b)) for the December 28, 2001 incident.
• Gil, Jessebel, Atty. Reyna, and Grace for Serious Illegal Detention and Rape for the April 23–24, 2002 incident.
• Gil, Atty. Reyna, and Arturo for Forcible Abduction with Rape for the June 23–November 9, 2003 incidents.
• Respondents subsequently filed a petition for certiorari with the Court of Appeals while a Joint Motion for Reconsideration remained pending.
• Concurrently, warrants of arrest were issued against the accused in separate criminal cases (Criminal Case Nos. 07-122 and 07-128) relating to the alleged offenses.
• The DOJ and public prosecutors’ actions were later challenged by petitioners, leading to the Court of Appeals’ review of the case.

Issue:

Whether the Court of Appeals erred in revoking the DOJ Resolutions finding probable cause to charge the respondents in view of:

• The alleged rape, serious illegal detention, and forcible abduction incidents.
• The evaluation of conflicting and inconsistent testimonies, particularly of Iris.

Whether the DOJ Secretary gravely abused his discretion in determining probable cause by:

• Overruling the resolutions and findings of multiple investigative bodies.
• Relying on a “sweetheart defense” and other uncorroborated evidence to support the probable cause for certain charges.
• Whether the determination of probable cause, an executive function, should be disturbed by the Court of Appeals in the absence of clear evidence of grave abuse of discretion.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)