Case Digest (G.R. No. 151085) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Joemar Ortega v. People of the Philippines (G.R. No. 151085, August 20, 2008), petitioner Joemar F. Ortega, born August 8, 1983, was charged by two informations dated April 20, 1998 in the Regional Trial Court (RTC) of Bacolod City, Branch 50, with having, in August and on December 1, 1996, by force, violence and intimidation, carnal knowledge of “AAA,” a then-six-year-old girl. AAA’s brother “BBB” testified that he saw Ortega and AAA naked from the waist down in the act of intercourse in AAA’s bedroom, whereupon he reported the incident to their mother “MMM.” MMM examined AAA’s genitals and found redness; one medical officer saw no indication of molestation, while another, Dr. Joy Ann Jocson, observed fresh superficial abrasions on AAA’s labia. An initial amicable settlement facilitated by a women’s foundation required Ortega’s departure, but he later made brief visits home, prompting renewed confrontations. Ortega pleaded not guilty on arraignment (September 10, 1998), Case Digest (G.R. No. 151085) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Charges and Arraignment
- Petitioner Joemar F. Ortega, born August 8, 1983, was charged in two separate Informations dated April 20, 1998 (Crim. Nos. 98-19083 and 98-19084), with rape of AAA, then about six years old.
- Upon arraignment on September 10, 1998, petitioner pleaded not guilty and trial on the merits commenced.
- Prosecution’s Version
- AAA testified that petitioner raped her three times:
- First occasion, August 1996 at petitioner’s home while AAA (6) and brother BBB (10) were left with petitioner’s mother; petitioner woke AAA, led her to the sala and had sexual intercourse.
- Second occasion, the following day in the comfort room of petitioner’s residence; petitioner forced entry and raped AAA, warning her not to tell.
- Third occasion, December 1, 1996 at AAA’s home; petitioner called AAA to a kerosene-lit room, removed both their garments and inserted his penis into her vagina; BBB saw them and reported to their mother.
- Medical examinations:
- Dr. Lucifree Katalbas examined AAA shortly after the last incident and found no sign of molestation.
- On December 12, 1996, Dr. Joy Ann Jocson found fresh superficial abrasions on AAA’s labia and posterior fourchette.
- An amicable settlement through the DAWN Foundation required petitioner to live elsewhere; subsequent family confrontations led AAA’s parents to file the two rape cases.
- Defense’s Version
- Petitioner denied all sexual acts, explaining:
- He slept in a separate room; never threatened or exposed himself to AAA.
- He merely assisted AAA in using the toilet and may have accidentally touched her anus.
- The December 1 incident was innocent dancing and hugging witnessed by all children; BBB was lying.
- Luzviminda Ortega (petitioner’s mother) corroborated these facts and confirmed the settlement that removed petitioner from AAA’s vicinity.
- RTC and CA Rulings; Subsequent Petition
- On May 13, 1999, the RTC of Bacolod City convicted petitioner of two counts of rape, sentencing him to reclusion temporal (medium period) with indeterminate sentence of 6 years & 1 day to 15 years, and ordered P100,000 indemnity. Petitioner was released on bail pending appeal.
- On October 26, 2000, the Court of Appeals affirmed the RTC Decision in toto; denied petitioner’s motion for reconsideration on November 7, 2001.
- Petitioner filed this Rule 45 Petition for Review on Certiorari, raising errors in fact appreciation, disregard of medical findings, and improbability of the incidents.
Issues:
- Whether petitioner is guilty beyond reasonable doubt of two counts of rape.
- Whether R.A. No. 9344’s provisions on minimum age of criminal responsibility and its transitory provisions apply to petitioner, who was 13 at the time of the alleged offenses.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)