On or About 12 Midnight of June 16, 2021 at Kagandahan Dormitory Legarda St. Barangay 410, Sampaloc, Manila Wherein V
On or About 12 Midnight of June 16, 2021 at Kagandahan Dormitory Legarda St. Barangay 410, Sampaloc, Manila Wherein V
On or About 12 Midnight of June 16, 2021 at Kagandahan Dormitory Legarda St. Barangay 410, Sampaloc, Manila Wherein V
MEMORANDUM
I. AUTHORITY:
1. After Operation Report for Rape under Article 266-A of the Revised Penal
Code, as amended, dated June 17, 2021;
2. Referral Slip addressed to the Manila City Prosecution’s Office dated June
17, 2021;
3. Case Folder filed at Office of the City Prosecutor with Docket number 20J-
04475-76;
4. Final Report re: Rape incident dated June 17,2021;
5. Complaint-Affidavit of Wynona Mendoza dated June 16, 2021;
6. Affidavit of Marie E. Tess dated June 16, 2021;
7. Affidavit of Yuda Wan dated June 16, 2021;
8. Affidavit of Vincent Zo dated June 16, 2021;
9. Result for Physical and Genital Examination dated June 16, 2021;
10. Progress Report re: Alleged Rape Incident dated June 16, 2021;
11. Spot Report re: Alleged Rape dated June 16, 2021; and
12. Blotter Entry No.1234, Page 6 dated June 16, 2021 at 1:00 a.m.
13. To determine the facts and circumstances surrounding the incident that
transpired on or about 12 midnight of June 16, 2021 at Kagandahan Dormitory
Legarda St. Barangay 410, Sampaloc, Manila wherein v ictim Wynona
Mendoza (NMN), 19 years old, Filipino, single, nursing student at Arellano
University – Legarda, Manila, and presently residing at Kagandahan
Dormitory, Legarda St., Barangay 410, Sampaloc, Manila City was raped
by suspects: John Paul Baluyut, 21 years old, college student, and
presently residing at 233 Gastambide St., Sampaloc, Manila, and John
Paul Arayat, 34 years old, married, unemployed and a resident of Lot 1,
Blk. 2, Barangay 141, Sampaloc, Manila.
14. On June 16, 2021 at around 1:00 a.m., this station received radio
message from PS-4 Mobile Patrol # 143 regarding an alleged rape
incident. Radio message revealed that while conducting mobile patrol
within the area, PCpl Tin and PCpl Birocha was flagged down by Ms.
Marie E Tess seeking assistance to bring her dorm mate to the nearest
hospital. Duty patrollers immediately rushed at the room of the said
dormitory and upon entry they saw Wynona Mendoza, lying unconsciously
on the floor wearing white T-shirt without panty. Responding policemen
immediately checked the vital signs and confirmed that the woman was
just unconscious. She was then rushed at Mary Chiles General Hospital,
Dalupan Street, Sampaloc, Manila City.
15. At 1:30 a.m. PSMS Alad duty investigator, proceeded at Mary Chiles
General Hospital, to check the condition of the victim and to provide her
statement. Upon arrival thereat, victim was already conscious thus was
able to provide her statement.
16. She narrated that when these four persons arrived at their dormitory on or
before 11:00 p.m., her roommate, Marie E. Tess was still there, she
invited her to join them in their drinking spree but the latter refused as she
claimed to be meeting another friend nearby. After Marie E. Tess left, she
and four others started to drink Alfonso Brandy. At around 11:30 p.m.,
Yuda Wan and Vincent Zo left also, so only she and two others she
identified as John Paul Baluyut and a certain John Paul Arayat stayed
inside the room and continued drinking. Further inquiry disclosed that she
felt drunk and before losing her consciousness, she remembered John
Paul Baluyut forcing his penis into her mouth. She tried to resist and shout
for help but the two strongly hold her hands and shut her up by putting
their fingers into her mouth. After a while, she became exhausted hence
allowing them to consummate their sexual desires. When she woke up,
she was already in a hospital feeling pain in her vaginal part.
17. Victim was subjected for Genital Examination at Philippine National Police
Crime Laboratory Office Camp Crame, Quezon City.
18. Follow-up operation was conducted by the elements of this station.
Suspect John Paul Baluyut who according to the victim, is a student of Far
Eastern University, Manila wherein she provided personnel of this station
photographs of the said person or suspect from her cellphone served as
basis to positively identified him and effect his arrest in a fast-food store
beside Far Eeastern University campus.
19. Based on the information provided by suspect John Paul Baluyut, suspect
John Paul Arayat was also arrested at his residence located at 111
Alfonso St., Barangay 141, Sampaloc, Manila with the assistance of
barangay officials.
20. Upon arrest, suspects were informed of the offence they allegedly
committed in a Filipino language clearly understood, known and spoken
by both of them. As a standard operating procedure, suspects were
brought at the Ospital ng Maynila for physical examination. Thereafter,
they were brought to this station for disposition.
21. A criminal complaint for rape under Art. 266-A of the Revised Penal Code
as amended by RA 8353 against suspects John Paul Baluyut and John
Paul Arayat was referred at the Office of City Prosecutor, Manila for
inquest proceedings.
22. In the afternoon of June 16, 2021, witnesses Marie E. Tess, Yuda Wan,
and Vincent Zo, proceeded to this Station and executed their sworn
affidavits. All of them positively identified the two male persons who were
earlier apprehended by personnel of this Station as John Paul Baluyut and
John Paul Arayat.
23. On June 16, 2021, victim Wynona Mendoza executed her Complaint-
Affidavit indicting both John Paul Baluyut and John Paul Arayat of the
crime of Rape.
IV. DISCUSSION
24. Based on the facts presented, it appears that both suspects were drunk at
that time they committed the crime. Suspects took advantage of the
weakness of the victim who was also drank at that time in consummating
their lewd designs. As such, although there was resistance on the part of
the victim, however due to the effects of alcohol, she was prevented from
doing so hence the consummation of the offense charged.
V. CONCLUSION:
Based on the foregoing, the positive identification of the victim and as
corroborated by the testimonies of witnesses namely Marie E. Tess, Yuda
Wan and Vincent Zo there exist a probable cause that a crime of Rape
was committed against the victim. Furthermore, result of the Genital
examination conducted by a Government License Physician being
considered as a Public Document affirms that the crime of rape as defined
and penalized under Art. 266 paragraph B as amended by RA 8353- Anti
Rape Law of 1976 was committed.
VI. RECOMMENDATION:
REYNALDO O DE GUZMAN
Police Lieutenant Colonel
Copy furnished:
R7/RIDMD, NCRPO