Title
Supreme Court
Balois-Alberto vs. Court of Appeals
Case
G.R. No. 182130
Decision Date
Jun 19, 2013
A minor alleged repeated rape and abduction by respondents, who claimed consensual relations. SC upheld probable cause for rape but dismissed illegal detention and forcible abduction charges due to insufficient evidence.

Case Summary (G.R. No. 182130)

Summary of Events

The events precipitating this legal controversy revolve around alleged incidents of sexual assault and abduction involving Iris Kristine Balois, who was a minor at the time. The first incident occurred on December 28, 2001, where Gil Anthony Calianga allegedly forced himself on Iris after drugging her. The second incident, reported for April 23-24, 2002, involved a scenario where Gil, allegedly under threat of a knife, took Iris from her home and had sexual intercourse with her in a hidden location. The third set of allegations involves Iris’s abduction on June 23, 2003, where she was reportedly held captive and sexually assaulted until her rescue in November 2003.

Initial Proceedings

In response to the attacks, Benjamin Balois filed criminal complaints for rape and related offenses against the respondents. Initially, however, the City Prosecutor of Muntinlupa dismissed these charges for lack of probable cause. The Secretary of Justice, Raul Gonzalez, later issued a resolution finding probable cause and ordering charges to be filed against the respondents, including claims of conspiracy among them.

Court of Appeals’ Ruling

The Court of Appeals later reversed the Department of Justice's resolutions, concluding that there was no basis for the complaints against the respondents. The CA found that the Secretary of Justice had gravely abused his discretion in determining probable cause and that the evidence presented by the complainants was riddled with inconsistencies, which undermined the allegations’ credibility.

Legal Determinations

The Supreme Court addressed whether the CA wrongly acted in countermanding the DOJ Secretary’s finding of probable cause. It reiterated the principle that such determinations by the DOJ are generally not subject to review unless there is grave abuse of discretion. The Court concluded that the Secretary had not abused his discretion regarding the findings of probable cause for rape against Gil based on Iris’s testimony and the context surrounding the incidents.

Charges and Legal Standards

The Court assessed the elements of the crimes charged, including rape as defined under Article 266-A of the Revised Penal Code, noting that the allegations from Iris substantiated the statutory elements of force and intimidation. The testimony of a victim may, in many circumstances, provide sufficient basis for probable cause, as the offenses involved are often clandestine acts.

Findings on Specific Crimes

The Supreme Court affirmed the findings of probable cause for rape against Gil concerning all incidents while rejecting charges against others, including Atty. Reyna and A

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