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CRIMINAL PRO First CASES

This document summarizes two criminal cases from the Philippines. The first case involved Rolly Canares who was accused of statutory rape of a 9-year old girl named AAA between 1992-1995. The prosecution argued Canares had a motive and AAA identified him, while the defense claimed it was impossible as AAA only lived at the location in 1997. The second case involved Bernie G. Miaque but did not provide any details about the charges or facts of the case.

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168 views4 pages

CRIMINAL PRO First CASES

This document summarizes two criminal cases from the Philippines. The first case involved Rolly Canares who was accused of statutory rape of a 9-year old girl named AAA between 1992-1995. The prosecution argued Canares had a motive and AAA identified him, while the defense claimed it was impossible as AAA only lived at the location in 1997. The second case involved Bernie G. Miaque but did not provide any details about the charges or facts of the case.

Uploaded by

Aiza Sara
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CRIMPRO CASES

A. PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROLLY


CANARES Y ALMANARES, ACCUSED-APPELLANT (G.R. No. 174065, February
18, 2009)

1. Where did the case originate?

After the Joint Preliminary Examination conducted before the Municipal Circuit
Trial Court of Silang-Amadeo, Cavite on April 26, 1999, AAA lodged a formal
complaint for rape and attempted rape against Canares.

This petition for review on certiorari[1] the decision (dated May 31, 2006)[2] of the
Court of Appeals (CA) in CA-G.R. CR-H.C. No. 01263 that affirmed with modification
the decision (dated March 17, 2003)[3] of the Regional Trial Court (RTC), Branch 18,
Tagaytay City in Criminal Case No. TG-3255-99.

2. Where, When, Who

Rolly Canares y Almanares (Canares), sometimes (sic) between the year 1992 to
1995 at Barangay Sabutan, Municipality of Silang, Province of Cavite, have carnal
knowledge of one AAA, who was 9 years old at that time, against her will and
consent, to her damage and prejudice

3. Mode of Appeals (Ordinary Appeal (by CA from RTC on original jurisdiction),


Petition for review (by CA from RTC on appellate jurisdiction), Appeal by certiorari
(to SC re questions of law)

Petition for review

Appeal by certiorari

4. Charges

statutory rape

5. Elements of the Crime

Prove: first, the age of the complainant; second, the identity of the accused;


and last but not the least, the carnal knowledge between the accused and the
complainant.[58]

1. By using force or intimidation;


2. When the woman is deprived of reason or otherwise unconscious;

and

3. When the woman is under twelve years of age

6. Theory of the Prosecution

He is guilty of statutory rape because he has motive: AAA's grandmother and uncle
because of the nonpayment of his salary as a farm hand and as a tricycle driver.
AAA's uncle also allegedly failed to pay him a previous loan of P10,000. [20

He is guilty of statutory rape because he was identified by the witness and victim
herself and committed the crime by means of force, violence and intimidation and
taking advantage of his superior strength over the person of the victim who was
then nine (9) years old, did, then and there, willfully (sic), unlawfully and
feloniously, have carnal knowledge of one AAA[4], against her will and consent, to
her damage and prejudice.

7. Theory of the Defense

He is not guily because it was impossible for him to rape AAA because she came to
live at her grandmother’s house only in 1997.Also, the rape could not have possibly
occurred considering the number of people staying in the house; a shout from
someone being assaulted could easily be heard in the house.

8. Evidence submitted by the prosecution and defense

Prosecution: Birth certificate, testimony of the witnesses AAA, BBB, and physical
and supporting testimonial evidence. There was the healed laceration found in her
hymen which is remarkably compatible with her claim of sexual molestation. Dr.
Madrid, in testifying on the healed laceration, stated that it could have been caused
by a penis.

Defense: None

9. If you were the legal counsel, how would you do the defense so that the accused
will not be convicted?

Before the arraignment the date of the crime, not as an element but to help prove
that indeed Canares committed the crime. For his defense.

10. If you were the public prosecutor, what/how will you present the evidence to
convict the accused?
11. If you were the private prosecutor, how will you present the evidence to
proceed with the civil case

Medical certificate of manifestation of trauma because of the rape incident, the cost
for counselling or treatment.

12. assignment of error

SUFFICIENCY OF COMPLAINT OR INFORMATION

It is not necessary to state in the information the precise date when the offense was committed, except
when it is an essential element of the offense.

B. BERNIE G. MIAQUE, Petitioner, v. HON. VIRGILIO M. PATAG, in his


capacity as Presiding Judge of the Regional Trial Court of Iloilo City,
Branch 33, 
VICENTE C. ARAGONA, and PEOPLE OF THE PHILIPPINES, Respondents.

[G.R. NOS. 170609-13 : January 30, 2009]

1. Where did the case originate? the RTC of Iloilo City, Branch 26

2. Where, When, Who

3. Mode of Appeals

4. Charges

5. Elements of the Crime

6. Theory of the Prosecution

7. Theory of the Defense

8. Evidence submitted by the prosecution and defense

9. If you were the legal counsel, how would you do the defense so that the accused
will not be convicted?

10. If you were the public prosecutor, what/how will you present the evidence to
convict the accused?

11. If you were the private prosecutor, how will you present the evidence to
proceed with the civil case

12. assignment of error

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