Case Summary (G.R. No. 161834)
Allegations and Sequence of Events
Rosalinda alleged that on January 2, 1979, she was forcibly taken by Lotuaco, Alonzo, and an accomplice, Marianita Batac, to the O'Patso Restaurant, where Lotuaco sexually assaulted her. This event was followed by a second assault approximately five days later at the Sawali Restaurant, where again Lotuaco allegedly raped her. Rosalinda claimed that both assaults occurred under coercive circumstances involving force and intimidation.
Responses from Respondents
Both Lotuaco and Alonzo denied the charges against them in their respective comments submitted to the court. They indicated that a parallel criminal complaint for rape had been lodged against them, but it was dismissed for lack of evidence on December 20, 1979. Notably, Alonzo passed away on May 16, 1981, leaving Lotuaco as the sole respondent.
Findings from the Investigation
Judge Bienvenido C. Vera Cruz conducted a formal investigation and gathered testimonies, particularly from Rosalinda. She reported that she was compelled to accompany her friend Marianita to meet with Lotuaco, leading to the mentioned incidents. The testimonies presented considerable contradictions and raised questions about Rosalinda's credibility.
Credibility and Evidence Evaluation
The evaluation highlighted significant inconsistencies in Rosalinda's account, including her initial claims of coercion contrasted with statements suggesting consent. The investigation noted her lack of immediate complaint to authorities or visible signs of struggle, which further undermined her narrative of intimidation and fear during the alleged assaults.
Dismissal of Criminal Allegations
Judge Vera Cruz concluded that Rosalinda failed to provide sufficient credible evidence to substantiate her claims, leading to recommendations for case dismissal. Specifically, he highlighted that no force or weapon was evidently used and that the allegations were not corroborated by any immediate complaint or physical evidence typically associated wit
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Case Background
- Complainant: Rosalinda D. Morales
- Respondents: Renato Lotuaco and Agustin A. Alonzo, Deputy Provincial Sheriffs of Cabanatuan City, Nueva Ecija
- Case Reference: Adm. Matter No. P-2357
- Decision Date: June 19, 1982
- Nature of Complaint: Grave misconduct involving allegations of sexual assault against the complainant by the respondents.
Allegations of the Complainant
- Rosalinda alleged that respondent Lotuaco, in conspiracy with Alonzo and Marianita Batac, sexually assaulted her on two occasions:
- First Incident: On January 2, 1979, she was allegedly forced into a car by Alonzo and Marianita, taken to O’Patso Restaurant, and assaulted by Lotuaco.
- Second Incident: Five days later, she was again coerced into Lotuaco's car, taken to Sawali Restaurant, and assaulted a second time.
- Rosalinda described both incidents as involving force and intimidation leading to non-consensual sexual intercourse.
Respondents' Denial and Circumstantial Context
- Both Lotuaco and Alonzo denied the allegations, claiming that a criminal complaint for rape filed against them was dismissed due to lack of evidence.
- Alonzo died on May 16, 1981, leaving Lotuaco as the sole respondent.
- The respondents argued that Rosalinda consented to the sexual encounters, asserting they were transactional in nature for a fee of P250.00.