21 People v. Ritter 194 SCRA 690 March 5 1991

690 SUPREME COURT REPORTS ANNOTATED
People vs. Ritter
*
G.R. No. 88582. March 5, 1991.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. HEINRICH

S. RITTER, accused-appellant.
Criminal Law; Statutory Rape; Evidence; The evidence on record

consisting of the victim’s baptismal certificate which shows that she was
more than 12 years old at the time of the alleged rape, is more convincing
and worthy of belief, than the oral declarations of witnesses establishing the
victim’s age to be less than 12 years old.—All the evidence presented by the
prosecution showing that Rosario Baluyot was less than 12 years old at the
time of the alleged incident are not adequate to establish the exact date of
birth, much less offset a documentary record showing a different date. The
defense presented Rosario Baluyot’s baptismal certificate which the trial
court rejected as being hearsay and of no value. As against the oral
declarations made by interested witnesses establishing Rosario’s age to be
less than 12 years old, the evidence on record is more convincing and
worthy of belief. (See Filinvest Land, Inc. v. Court of Appeals, 183 SCRA
664, 673 [1990]).
Same; Same; Same; Same; Where the victim was not established to
have been under 12 years of age at the time of the alleged sexual violation,
the usual elements of rape must be proved.—Since Rosario was not
established to have been under 12 years of age at the time of the alleged
sexual violation, it was necessary to prove that the usual elements of rape
were present; i.e. that there was force or intimidation or that she was
deprived of reason or otherwise unconscious in accordance with Article 335
of the Revised Penal Code. We agree with the defense that there was no
proof of such facts. On the contrary, the evidence shows that Rosario
submitted herself to the sexual advances of the appellant. In fact, she
appears to have consented to the act as she was paid P300.00 the next
morning while her companion, Jessie Ramirez was paid P200.00 (T.S.N. p.
50, January 6, 1988). The environmental circumstances coupled with the
testimonies and evidence presented in court clearly give the impression that
Rosario Baluyot, a poor street child, was a prostitute inspite of her tender
age. Circumstances in life may have forced her to submit to sex at such a
young age but the circumstances do not come under the purview of force or
intimidation needed to convict for rape.
_______________
* THIRD DIVISION.
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VOL. 194, MARCH 5, 1991 691
People vs. Ritter
Same; Same; Same; Same; Circumstantial Evidence; Before conviction

can be had upon circumstantial evidence, the circumstances proved should
constitute an unbroken chain which leads to one fair and reasonable
conclusion pointing to the defendant, to the exclusion of all others, as the
author of the crime.—The evidence for the accused may be numerically less
as against the number of witnesses and preponderance of evidence presented
by the prosecution but there is no direct and convincing proof that the
accused was responsible for the vibrator left inside the victim’s vagina
which caused her death seven (7) months after its insertion. What the
prosecution managed to establish were mere circumstances which were not
sufficient to overcome the constitutional presumption of innocence. While
circumstantial evidence may suffice to support a conviction it is imperative,
though, that the following requisites should concur: (a) There is more than
one circumstance; (b) The facts from which the inferences are derived are
proven; and (c) The combination of all the circumstances is such as to
produce a conviction beyond reasonable doubt. (Rule 133, Sec. 4 Revised
Rules of Court) For the well-entrenched rule in evidence is that “before
conviction can be had upon circumstantial evidence, the circumstances
proved should constitute an unbroken chain which leads to one fair and
reasonable conclusion pointing to the defendant, to the exclusion of all
others, as the author of the crime (People v. Subano, 73 Phil. 692 [1942];
Italics supplied). It must fairly exclude every reasonable hypothesis of
innocence (Dorado v. Court of Appeals, 153 SCRA 420, 433 [1987]). In this
case the circumstantial evidence presented by the prosecution does not
conclusively point to the liability of the appellant for the crime charged.
(People vs. Tolentino, supra)
Same; Same; Same; Same; Suspicions and possibilities are not
evidence, and therefore should not be taken against the accused.—The
established facts do not entirely rule out the possibility that the appellant
could have inserted a foreign object inside Rosario’s vagina. This object
may have caused her death. It is possible that the appellant could be the
guilty person. However, the Court cannot base an affirmance of conviction
upon mere possibilities. Suspicions and possibilities are not evidence and
therefore should not be taken against the accused. (People v. Tolentino,
supra) Well-established is the rule that every circumstance favorable to the
accused should be duly taken into account. This rule applies even to
hardened criminals or those whose bizarre behaviour violates the mores of
civilized society. The evidence against the accused must survive the test of
reason. The strongest suspicion must not be allowed to sway judgment. (See
Sacay v. Sandiganbayan, 142 SCRA 593 [1986]). As stated in the case of
People v. Ng,
692
People vs. Ritter
(142 SCRA 615 [1986]): “x x x [F]rom the earliest years of this Court, it has
emphasized the rule that reasonable doubt in criminal cases must be
resolved in favor of the accused. The requirement of proof beyond
reasonable doubt calls for moral certainty of guilt. It has been defined as
meaning such proof ‘to the satisfaction of the court, keeping in mind the
presumption of innocence, as precludes every reasonable hypothesis except
that which it is given to support. It is not sufficient for the proof to establish
a probability, even though strong, that the fact charged is more likely to be
true than the contrary. It must establish the truth of the fact to a reasonable
and moral certainty___a certainty that convinces and satisfies the reason and
the conscience of those who are to act upon it.’ (Moreno, Philippine Law
Dictionary, 1972 Edition, p. 379, citing U.S. v. Reyes, 3 Phil. 3). x x x” In
the instant case, since there are circumstances which prevent our being
morally certain of the guilt of the appellant, he is, therefore, entitled to an
acquittal.
Same; Same; Damages; Moral and exemplary damages awarded to the
victim’s heirs despite acquittal of accused on grounds of reasonable doubt.
—Furthermore, it does not necessarily follow that the appellant is also free
from civil liability which is impliedly instituted with the criminal action.
(Rule III, Section 1) The well-settled doctrine is that a person while not
criminally liable, may still be civilly liable. We reiterate what has been
stated in Urbano v. IAC, supra. “x x x While the guilt of the accused in a
criminal prosecution must be established beyond reasonable doubt, only a
preponderance of evidence is required in a civil action for damages. (Article
29, Civil Code). The judgment of acquittal extinguishes the civil liability of
the accused only when it includes a declaration that the facts from which the
civil liability might arise did not exist. (Padilla v. Court of Appeals, 129
SCRA 559). x x x Rosario Baluyot is a street child who ran away from her
grandmother’s house. Circumstances forced her to succumb and enter this
unfortunate profession. Nonetheless, she has left behind heirs who have
certainly suffered mental anguish, anxiety and moral shock by her sudden
and incredulous death as reflected in the records of the case. Though we are
acquitting the appellant for the crime of rape with homicide, we emphasize
that we are not ruling that he is innocent or blameless. It is only the
constitutional presumption of innocence and the failure of the prosecution to
build an airtight case for conviction which saved him, not that the facts of
unlawful conduct do not exist. As earlier stated, there is the likelihood that
he did insert the vibrator whose end was left inside Rosario’s vaginal canal
and that the vibrator may have caused her death. True, we cannot convict on
probabilities or possibilities but civil liability does not require proof
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VOL. 194, MARCH 5, 1991 693
People vs. Ritter
beyond reasonable doubt. The Court can order the payment of indemnity on
the facts found in the records of this case.
APPEAL from the judgment of the Regional Trial Court of

Olongapo City, Br. 73.
The facts are stated in the opinion of the Court.

The Solicitor General for plaintiff-appellee.
Esteban B. Bautista for accused-appellant.
GUTIERREZ, JR., J.:
The appellant challenges his conviction of the crime involving a

young girl of about 12 years old who had been allegedly raped and
who later died because of a foreign object left inside her vaginal
canal.
Heinrich Stefan Ritter was charged with the crime of rape with
homicide under an information which reads:
“That on or about the tenth (10th) day of October, 1986 in the City of
Olongapo, Philippines, and within the jurisdiction of this Honorable Court,
the above-named accused with lewd design and with intent to kill one
Rosario Baluyot, a woman under twelve (12) years of age, did then and
there wilfully, unlawfully and feloniously have carnal knowledge of said
Rosario Baluyot and inserted a foreign object into the vaginal canal of said
Rosario Baluyot which caused her death shortly thereafter, to the damage
and prejudice of her relatives.” (66)
When arraigned, the accused pleaded “Not Guilty”. Thereafter, the

case was set for trial on the merits.
To prove the guilt of the accused, the prosecutor presented the
following witnesses, namely: (1) Jessie Ramirez, (2) Maria Burgos y
Turla, (3) P/Cpl. Mariano Victoria, (4) Policarpio Baluyot, (5) Dr.
Reino Rosete, (6) Sumulong Daniel, (7) Jessica Herrera, (8) Sister
Eva Palencia, (9) Conrado Salonga, (10) Dr. Devonne Loop, (11) Dr.
Leo Cruz, (12) Paul Maclor, (13) Aida Sarmiento, (14) Patricia
Prollamanta, (15) Mel Santos, (16) Lorna Limos, (17) Eduard Lee
Bungarner, (18) Ronaldo Marquez, (19) Tom Bonte, (20) 2nd Asst.
City Fiscal Nini Alcala, (21) 1st Asst. City Fiscal Dorentino Z.
Floresta, (22) Corazon Caber, (23) Rodolfo Mercurio and (24) Fe
Israel.
On the other hand, the defense offered in evidence Exhibits
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People vs. Ritter
“1” to “24” and the testimonies of (1) Heinrich S. Ritter, (2) Father
Roque Villanueva, (3) Angelita Amulong, (4) Gaspar Alcantara, (5)
Dr. Val Barcinal and (6) Dr. Pedro C. Solis.
The facts of the case upon which the lower court based its finding
of guilt beyond reasonable doubt are summarized in its decision, as
follows:
“The people’s evidence show that on October 10, 1986 about midnight,
accused Heinrich Stefan Ritter brought a boy and girl namely: Jessie
Ramirez and Rosario Baluyot inside his hotel room at MGM Hotel along
Magsaysay Drive, Olongapo City. These two (2) children were chosen from
among a bunch of street children. Once inside the hotel room accused told
them to take a bath. Jessie Ramirez, alias ‘Egan’, was the first to take a bath
and when he came out Rosario Baluyot went to the bathroom to do the
same. While Rosario Baluyot was inside the bathroom, accused Ritter took
out some pictures depicting dressed up young boys, and put them on top of
the table. Other things which were taken out and placed on top of a table
were three (3) other objects which he described as like that of a vicks
inhaler. One of these objects the accused played with his hands and placed it
on his palms. The color of which is grayish blue which turned out later to be
the foreign object which was inserted inside the vagina of Rosario Baluyot.
The other objects were later established to be anti-nasal inhalers against
pollution purchased by the accused in Bangkok when he went there as a
tourist. While Rosario was in the bathroom, accused told Ramirez to lay
down on bed, and so did the accused. He then started masturbating the
young boy and also guided the boy’s hand for him to be masturbated, so that
they masturbated each other, while they were both naked, and he gave Jessie
Ramirez an erection. When Rosario Baluyot came out of the bathroom, she
was told to remove her clothes by accused and to join him in bed. The
accused then placed himself between the two (2) children and accused
started fingering Rosario.
At this time, Ramirez was already sleepy, but Rosario touched him to
call his attention. He looked, and he saw accused placing his penis against
the vagina of Rosario and that he was trying to penetrate the vagina but it
would not fit. After what he saw, Ramirez did not anymore bother to look
because he was sleepy and fell asleep.
The following morning, the accused, whom the juveniles described as an
‘American, paid Ramirez alias ‘Egan’ P200.00 and Rosario P300.00. He
then left them in the hotel. After the American left, they went downstairs,
and Rosario told Egan that the American inserted something in her vagina.
But they could not do anything anymore,
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VOL. 194, MARCH 5, 1991 695

People vs. Ritter
because the American had already left, and neither did they report the matter
to the police. Sometime the following day, Jessie saw Rosario and he asked
her whether the object was already removed from her body and Rosario said
‘Yes’. However, Jessie Ramirez claimed that on the evening of that same
date, he saw Rosario and she was complaining of pain in her vagina and
when Egan asked her, she said that the foreign object was not yet removed.
Then there was another occasion wherein Jessie was summoned and when
he came he saw Rosario writhing in pain and when he tried to talk to
Rosario she scolded him with defamatory remarks. Thereafter, he did not
see Rosario anymore because he already went home to his aunt’s house who
resided at Barrio Barretto and resumed his studies in the primary grades.
On May 14, 1987, Gaspar Alcantara, a defense witness, while garbage
scavenging at Lot 21, near the gate of the U.S. Naval Base saw Rosario at
Magsaysay Drive near the Happy Bake Shop near Lot 21, being ogled by
people because Rosario’s skirt was bloodied and she was unconscious and
foul smelling. Since nobody helped Rosario, he took pity on her condition
and brought her to the Olongapo City General Hospital in an unconscious
condition, via jeepney. He went to the Information desk and he was the one
who gave the personal circumstances of Rosario as to her name, age, her
residence as Nagbakulaw, Lower Kalaklan, and Gaspar Alcantara signed as
‘guardian’ of Rosario, while Rosario was already in the emergency room.
Although Gaspar Alcantara denied that he did not know the name of
Rosario Baluyot when he brought her to the hospital, this is belied by the
testimony of the Information clerk Lorna Limos, who was then on duty.
Limos testified that it was Alcantara who supplied the personal
circumstances of Rosario. The Court gives more credence to the testimony
of Miss Limos as against Gaspar Alcantara who became a defense witness,
for the reason that through his own testimony, Gaspar Alcantara claimed
that even prior to May 14, 1987, he had already known Rosario Baluyot for
more than one (1) year, because he has seen the said girl go to the house of
his twin brother, Melchor Alcantara, who is his immediate neighbor.
Rosario used to visit a girl by the name of ‘Nora’ who was then in the
custody of his brother. His brother Melchor was also living with their
mother, brother and sister-in-law and their two (2) children in his house.
Rosario as per Gaspar’s testimony even stays for one week or a few days at
his brother’s house when she visits Nora. So the Court can safely assume
that of all the more than one (1) year that he had regularly seen Rosario at
his brother’s house, he must have already did come to know the name of
Rosario Baluyot including her age. In his testimony in Court he stated that
he even asked Rosario for movie and softdrinks money which can safely be
concluded that he knows her very well. It is against normal
696

People vs. Ritter
behavior especially to a Filipino who have a characteristic of curiosity not to

have found out the real name of the girl he claims to know only as
‘Tomboy’.
While Rosario Baluyot was confined at the Olongapo City General
Hospital, nobody was attending to her since she is a street child, having
stowed away from the custody of her grandmother. Three (3) good
samaritans who belong to religious and civic organizations, in the persons of
Jessica Herrera, Fe Israel and Sr. Eva Palencia, in one of their missions in
the hospital chanced upon Rosario Baluyot who was all alone with no
relatives attending to her and after finding out that she was only 12 years old
decided to help her. After a short interview with Rosario, regarding her
name and age only because she clamped up about her residence and her
relatives, they decided to help her by providing her the medicine she needed
during her confinement in readiness for an operation. It was Fe Israel who
was able to get the name and age of Rosario Baluyot from Rosario Baluyot
herself when she saw her for the first time. For Fe Israel, the age of Rosario
Baluyot was an important factor because their program assisted only
indigent patients from infants up to 13 years old.
Rosario’s first ailment at the Olongapo City General Hospital was loose
bowel movement and vomiting, which was first suspected as gastro-
enteritis, but which came out later as symptoms of peritonitis due to a
massive infection in the abdominal cavity. Subsequently, on May 17, 1987,
after she was examined by the physicians at the hospital, it was found out
that there was a foreign object lodged in her vaginal canal and she had
vaginal discharge tinged with blood and foul smelling odor emanating from
her body. One of the doctors who attended to her was Dr. Barcinal, an OB-
GYNE. Dr. Barcinal tried to extract the foreign object by means of a
forceps, but several attempts proved futile because said object was deeply
embedded in the vaginal canal and was covered by tissues. Her abdomen
was enlarged, tender and distended, symptoms of peritonitis. The patient
was feverish and incoherent when she was scheduled for operation on May
19, 1987, after the first attempt for an operation on May 17 was aborted
allegedly because the consent of Dr. Reino Rosete, the hospital director was
not obtained. The surgeon who operated on her was Dr. Rosete himself. He
testified that Rosario had to be operated even in that condition in order to
save her life. Her condition was guarded. This was corroborated by Dr. Leo
Cruz, the anesthesiologist during Rosario’s operation. It was in the evening
of May 19 at about 7:00 p.m. when Dr. Rosete opened her abdomen by
making a 5 inch incision on her stomach. He found out that the fallopian
tubes were congested with pus, and so with the peritonieum, and the pelvic
cavity, and patches of pus in the liver, although the gallbladder and kidney
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People vs. Ritter
appeared to have septicemia, poisoning of the blood. The peritonitis and

septicemia were traced to have been caused through infection by the foreign
object which has been lodged in the intra-vaginal canal of Rosario. The
foreign object which was already agreed upon by both parties that it is a
portion of a sexual vibrator was extracted from the vagina of Rosario while
under anesthesia. Said object was coated with tissues, pus and blood. Dr.
Rosete gave it to the assisting surgical nurse for safekeeping and gave
instructions to release it to the authorized person. This object was shown by
the nurse to Dr. Leo Cruz. Dr. Rosete considered the operation successful
and the patient was alive when he left her under Dr. Cruz. Dr. Cruz stayed
with said patient in the ward for about 30 minutes and thereafter he left. The
following day, Rosario got serious and it was Dr. Leo Cruz who pronounced
her death at 2:00 to 2:15 in the afternoon of May 20, 1987.
Thereafter, a death certificate was prepared under the direction of Dr.
Cruz which was indicated therein that the cause of death was cardio-
respiratory arrest, secondary to septicemia caused by the foreign object
lodged in the intra uteral vaginal canal of Rosario Baluyot.
The foreign object was washed by nurse Obedina, then placed it in a
transparent small jar and labelled “Rosario Baluyot”. Jessica Herrera asked
the nurse for the foreign object, and it was given to her under proper receipt.
Herrera then showed the same to the persons who helped financially
Rosario’s case, and afterwards she gave it to Sister Eva Palencia. Sis.
Palencia was in custody of the said object until Mr. Salonga came and asked
her for the object.
After Rosario Baluyot died, Sis. Palencia and a companion went to
Gaspar Alcantara to ask him in locating the relatives of Rosario. They were
able to trace Rosario’s grandmother, Mrs. Maria Burgos Turla, and informed
her that her granddaughter was already dead and lying in state at St. Martin
Funeral Parlor. Mrs. Turla went there with her son, who shouldered all the
burial expenses for Rosario.
Subsequently, Sis. Palencia, Fr. Cullens and Mr. Salonga came to her
residence at Sta. Rita and asked her if she was interested in filing a case
against the person who caused the death of her granddaughter. Of course she
agreed. Hence, she was brought to the Fiscal’s (City) Office to file the same.
After the case was filed against the herein accused, Atty. Edmundo
Legaspi with his messenger came to her house and told her that the accused
was willing to settle the case, but that accused Ritter had only P15,000.00.
The old woman did not accept it because she knows that the accused is
liable to pay damages anyway. After that, she received a letter from Atty.
Legaspi telling her to get a lawyer for her case. By this time, Mrs. Turla,
who wanted to have the case settled once and for all giving the reason that
she can no longer bear the situation, sent her
698

People vs. Ritter
nephew, Conrado Marcelo to Atty. Legaspi. Her nephew obliged and told
her that she will be paid at the office of Atty. Legaspi. On a date not clear in
the records, she went with her nephew Conrado Marcelo, and Roberto
Sundiam, an assistant barangay tanod of Sta. Rita, and while they were
there, she saw Ritter arrive at the law office. Ritter and Atty. Legaspi talked
at the office near the bathroom, and thereafter Ritter left. After he left, Atty.
Legaspi told Rosario’s grandmother that they are willing to settle for
P20,000.00, but that Ritter left only P15,000.00, so she received the money
with the understanding that there was a balance of P5,000.00 yet. She was
made to sign a statement, and she was asked to change the age of her
granddaughter Rosario. With the document prepared, she and the lawyer’s
messenger went to the Fiscal’s office to have it subscribed, and was
subscribed before an assistant city fiscal. But the balance of P5,000.00 was
not paid, because later on Atty. Legaspi became the OIC of Olongapo City
and he could no longer attend to it. Atty. Legaspi, during one of the hearings
before the Court even apologized to her.
As to the case, P/Cpl Marino Victoria, as criminal investigator of Station
“A”, was directed by Col. Daos, Station Commander of the Olongapo Police
Department to make a follow up of the case of Rosario Baluyot. On the
other hand, since the suspect who inserted the foreign object inside
Rosario’s vagina was said to be an American, the NISRA, Subic Naval Base
also conducted its investigation headed by criminal investigator Agent
Conrado Salonga. Coordinating with the local police and with Sister Eva
Palencia, since Rosario was a street child at Magsaysay Drive, they rounded
up about 43 street children and from some of them they learned that Rosario
Baluyot was with Jessie Ramirez with an American at the MGM Hotel
when the foreign object was inserted in her vagina. After finding Jessie
Ramirez, they asked him about Rosario Baluyot. They found out that indeed
he was with Rosario Baluyot sometime before Christmas of 1986 with an
American, who brought them to the said hotel. Jessie Ramirez was taken
inside the U.S. Naval Base, Olongapo City and took his statement. Then he
was brought to Mr. Edward Lee Bungarner, a cartographer, and out of the
description supplied by Ramirez, a composite drawing was photocopied and
copies thereof were distributed to the local police and to the sentries at the
gate of the U.S. Naval Base. Some American servicemen who had
resemblance to the composite drawing were photographed and these were
shown to Jessie Ramirez, but the result was negative. Aside from the
physical description by Ramirez about the appearance of the suspect, he also
described him as having the mannerisms of a homo-sexual.
After obtaining information that foreign homo-sexuals frequented
Ermita, Manila, and thinking that the so-called American may be
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People vs. Ritter
European or Australian national, the team composed of Agent Salonga, Mr.

Heinsell, P/Cpl Marino Victoria and P/Cpl Andres Montaon, Jessie Ramirez
and Michael Johnson, another juvenile, proceeded to Manila. They first
went to the Manila NISRA Office, and thereafter checked in a hotel. That
was on September 23, 1987. On the first night, they went to Luneta Park
where foreign homo-sexuals were said to be frequenting, but the result was
negative. Then on September 25, at about 11:00 p.m., while they were
standing at the corner of A. Mabini and M.H. del Pilar Street, a male
caucasian who looked like a homo-sexual stopped by admiringly infront of
the two (2) juveniles, Ramirez and Johnson. Jessie Ramirez then reported to
Mr. Salonga that this foreigner had a similarity with the American suspect,
so the two minors were instructed to follow the foreigner and to strike a
conversation. They did, and when they returned, Jessie Ramirez told them
that indeed the said foreigner was the one who brought him and Rosario
Baluyot to the MGM Hotel. Bobby Salonga told Ramirez that this foreigner
had no beard while the one previously described by Ramirez had a beard.
Jessie Ramirez told them that maybe he have just shaved it off. The said
caucasian then entered a bar, and after several minutes he came out, and
Jessie Ramirez upon his signal with his thumbs up, as a signal to confirm
that the said foreigner is the suspect, arrested Ritter and brought him to the
Manila Western Police District. It could be mentioned at this stage that in
this operation they were accompanied by two (2) policemen from the
Western Police District. The foreigner was hand cuffed and was told that he
was a suspect for Rape with Homicide. After the arrest, they first went to the
pension house of the suspect in Ermita, Manila to get his shoulder bag
which contained his personal belongings, and from there they brought him
to the Western Police Department. At the said police headquarters, they
were allowed a permissive search by the foreigner of his clutch bag and his
small shoulder bag and confiscated his passport, I.D., 3 inhalers, money in
the form of dollars and travellers checks amounting about $1,500.00 and
about P100.00, all duly receipted for. From the passport they learned that the
suspect’s name was Heinrich Stefan Ritter, an Austrian national. During the
questioning of Ritter, Salonga and his team already left the headquarters and
went to their hotel, because at this time Jessie Ramirez was already shaking
with fear after he identified the accused.
The following day, they brought the accused to Olongapo and was
detained at the Olongapo City Jail. The case for Rape with Homicide was
filed against him at the City Fiscal of Olongapo. At the preliminary
investigation, accused was assisted by his own counsel. The private
complainant was Maria Burgos Turla because it was she who
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People vs. Ritter
had custody of Rosario Baluyot after her mother Anita Burgos died on
January 12, 1982, and their father Policarpio Baluyot had left them under
her custody. When this case was filed, the father’s whereabouts was
unknown, and he only appeared when the trial of this case before the Court
was already in progress. And upon his (Policarpio Baluyot) own admission,
he only learned about the death of his daughter Rosario Baluyot from the
newspaper, long after Rosario was already gone.
The defense tried to dislodge the case by claiming that there could be no
crime of Rape with Homicide because the suspect was described as an
American while Ritter is an Austrian. Also advanced by the defense is that,
it is a case of mistaken identity. That Rosario Baluyot was at the time of the
commission of the offense, already more than 13 years old, she having been
born on December 26, 1973 as per baptismal certificate, wherein it appears
that Rosario Baluyot was baptized on December 25, 1974 and was born on
December 26, 1973 as testified to by Fr. Roque Villanueva of St. James
Parish Church who issued the Baptismal Certificate, having custody and
possession of the book of baptism for the year 1975, but admitted that he
had no personal knowledge about the matters or entries entered therein.
Likewise, the defense’s stand is that the accused cannot be liable for
Homicide because a vibrator is not a weapon of death but it is a thing for the
purpose of giving sexual pleasure, and that the death of Rosario Baluyot was
due to the incompetence of Dr. Rosete, the surgeon and Director of the
Olongapo City General Hospital, who operated on her.” (Rollo, pp. 109-
116)
On March 29, 1989, the trial court rendered its decision. The
dispositive portion of the decision reads as follows:
“WHEREFORE, IN VIEW OF ALL THE FOREGOING, the Court holds,

that the prosecution has established the GUILT of the accused beyond
reasonable doubt for the crime of Rape with Homicide as defined and
penalized in Art. 335 No. 3 of the Revised Penal Code, and hereby
sentences HEINRICH STEFAN RITTER to a penalty of RECLUSION
PERPETUA, to indemnify the heirs of the deceased in the sum of SIXTY
THOUSAND PESOS (P60,000.00) Philippine Currency, and TEN
THOUSAND PESOS (P10,000.00) by way of attorney’s fees to the private
prosecutors and to pay the costs.” (Rollo, p. 126)
The accused now comes to this Court on the following assigned

errors allegedly committed by the court:
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People vs. Ritter
THE TRIAL COURT GRAVELY ERRED AND ABUSED ITS

DISCRETION IN FINDING THAT THE ALLEGED OFFENSE WAS
COMMITTED ON OCTOBER 10, 1986 AND THAT IT WAS ACCUSED-
APPELLANT WHO COMMITTED IT.
II

DISCRETION IN FINDING THAT ROSARIO BALUYOT WAS LESS
THAN TWELVE (12) YEARS OLD WHEN THE ALLEGED OFFENSE
WAS COMMITTED AND IN HOLDING THAT THERE WAS RAPE
WITH HOMICIDE.
III

DISCRETION IN GIVING CREDENCE TO AND NOT REJECTING THE
PROSECUTION’S EVIDENCE AND IN NOT UPHOLDING THAT OF
THE DEFENSE AND ACQUITTING THE ACCUSED.
Inasmuch as it is the bounden duty of this Court to affirm a

judgment of conviction only if the guilt of the accused has been
proved beyond reasonable doubt, it behooves us to exert the most
painstaking effort to examine the records in the light of the
arguments of both parties if only to satisfy judicial conscience that
the appellant indeed committed the criminal act (See People v.
Villapaña,161 SCRA 73 [1988]).
The appellant was convicted by the trial court of the crime of
rape with homicide of a young girl who died after the rape because
of a foreign object, believed to be a sexual vibrator, left inside her
vagina.
As stated by the trial court one crucial issue in this case is the age
of the victim—whether or not Rosario Baluyot was less than twelve
(12) years old at the time the alleged incident happened on October
10, 1986. The age is important in determining whether or not there
was statutory rape. Article 335 of the Revised Penal Code defines
the third type of rape as having carnal knowledge of a woman under
12 years of age, in which case force, intimidation, deprivation of
reason or unconscious state do not have to be present.
702

People vs. Ritter
The trial court found that Rosario was below 12 years old when she
was sexually abused by the accused and, therefore, rape was
committed inspite of the absence of force or intimidation.
In resolving the issue, the trial court put great weight on the
testimonies of the victim’s grandmother and father who testified that
she was born on December 22, 1975. These oral declarations were
admitted pursuant to then Rule 130, Section 33 of the Rules of Court
where, in the absence of a birth certificate, the act or declaration
about pedigree may be received in evidence on any notable fact in
the life of a member of the family. Since birth is a matter of pedigree
within the rule which permits the admission of hearsay evidence,
oral declarations are therefore admissible as proof of birth (Decision,
p. 54).
The grandmother, Maria Burgos Turla, testified that she
remembered Rosario’s birth date because her brother died in
Pampanga and her daughter, Anita (Rosario’s mother) was the only
one who failed to attend the funeral because the latter has just given
birth allegedly to Rosario (T.S.N. p. 8, Jan. 13, 1988).
The father likewise testified that as far as he could remember,
Rosario was born on December 22, 1975 (T.S.N., p. 4, Jan. 27,
1988) and he was certain that Rosario was more than one (1) year
old when she was baptized (T.S.N., p. 45, Jan. 27, 1988). The trial
court further added that their testimony is supported by the clinical
record and the death certificate indicating that she was 12 years old
when she was admitted at the Olongapo City General Hospital for
treatment. The age was supplied by Rosario’s alleged guardian,
Gaspar Alcantara to the hospital’s clinical record clerk, Lorna
Limos. Fe Israel, a social worker who interviewed Rosario Baluyot
also testified that she was told by Rosario that she was 12 years old.
The trial court accepted this as adequate evidence of the truth.
Moreover, Jessie Ramirez, the principal witness in this case declared
that he was born on September 5, 1973 and that he was older than
Rosario Baluyot. Therefore, since he was 13 years old in 1986,
Rosario must have been less than 12 yeas old in 1986. (Decision, p.
55)
The trial court concluded that the oral declarations of the
grandmother and father supported by other independent evidence
such as the clinical record, death certificate and the
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People vs. Ritter
testimonies of Fe Israel and Jessie Ramirez, rendered the baptismal

certificate presented by the defense without any probative or
evidentiary value. (Decision, p. 55)
The findings of the trial court with respect to Rosario Baluyot’s
age cannot stand the application of evidentiary rules.
The trial court relied on Section 33, Rule 130 (now Section 40 of
Rule 130 of the 1989 Revised Rules of Court).
For oral evidence to be admissible under this Rule, the requisites
are:
(1) That the declarant must be dead or outside of the

Philippines or unable to testify;
(2) That pedigree is in issue;
(3) That the person whose pedigree is in question must be
related to the declarant by birth or marriage;
(4) That the declaration must be made before the controversy
occurred or ante litem motam; and
(5) That the relationship between the declarant and the person
whose pedigree is in question must as a general rule be
shown by evidence other than such act or declaration.”
These requirements were not satisfied by the evidence for the

prosecution nor do the declarations fall within the purview of the
rule.
The victim’s grandmother and father whose declarations
regarding Rosario’s age were admitted by the trial court are both
alive, in the Philippines and able to testify as they both did testify in
court. Their declarations were made at the trial which is certainly not
before the controversy arose. The other witnesses who testified on
Rosario’s age are not members of the victim’s family. The
testimonies of Rosario’s relatives must be weighed according to
their own personal knowledge of what happened and not as hearsay
evidence on matters of family history.
At this point, we find the evidence regarding Rosario’s age of
doubtful value.
The trial court justified the admissibility of the grandmother’s
testimony pursuant to the ruling laid down in U.S. v. Bergantino, (3
Phil., 118 [1903]) where the Court accepted the testimony of the
mother that her daughter was 14 years old and 4 months old. The
mother stated that she knew the age because
704

People vs. Ritter
the child was born about the time of the cholera epidemic of 1889.
This was not hearsay, but came from one who had direct knowledge
of the child’s birth.
It is however, equally true that human memory on dates or days
is frail and unless the day is an extraordinary or unusual one for the
witness, there is no reasonable assurance of its correctness. (People
v. Dasig, 93 Phil. 618, 632 [1953])
With respect to the grandmother’s testimony, the date of the
brother’s death or funeral was never established, which indicates
that the day was rather insignificant to be remembered. The father’s
declaration is likewise not entirely reliable. His testimony in court
does not at all show that he had direct knowledge of his daughter’s
birth. He was certain though that she was more than one (1) year old
at the time she was baptized.
The other witnesses are not at all competent to testify on the
victim’s age, nor was there any basis shown to establish their
competence for the purpose. The clinical records were based on
Gaspar Alcantara’s incompetent information given when he brought
the victim to the hospital. Alcantara came to know her only about a
year before her death. He had absolutely no knowledge about the
circumstances of Rosario’s birth. The death certificate relied upon by
the trial court was merely based on the clinical records. It is even
less reliable as a record of birth.
All the evidence presented by the prosecution showing that
Rosario Baluyot was less than 12 years old at the time of the alleged
incident are not adequate to establish the exact date of birth, much
less offset a documentary record showing a different date.
The defense presented Rosario Baluyot’s baptismal certificate
which the trial court rejected as being hearsay and of no value. As
against the oral declarations made by interested witnesses
establishing Rosario’s age to be less than 12 years old, the evidence
on record is more convincing and worthy of belief. (See Filinvest
Land, Inc. v. Court of Appeals, 183 SCRA 664, 673 [1990]).
By virtue of a subpoena duces tecum and ad testificandum, issued
by the lower court to the St. James Parish Church, Subic, Zambales,
Fr. Roque Villanueva a Roman Catholic priest testified and stated
that he is the head of said parish. He brought with him Baptismal
Register No. 9 entitled “Liber Baptisno-
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VOL. 194, MARCH 5, 1991 705

People vs. Ritter
rum”, a latin term for baptismal book or record. On page 151, No. 3
of the said Registry Book, there appears the name of Rosario
Baluyot who was baptized on December 25, 1974, and born on
December 26, 1973. Parents are Policarpio Baluyot and Anita
Burgos, residents of Subic, Zambales. Edita R. Milan appears as the
only sponsor with Olongapo City as her address.
In the case of Macadangdang v. Court of Appeals (100 SCRA 73
[1980]), we held that:
xxx xxx xxx

“In our jurisprudence, this Court has been more definite in its
pronouncements on the value of baptismal certificates. It thus ruled that
while baptismal and marriage certificates may be considered public
documents, they are evidence only to prove the administration of the
sacraments on the dates therein specified—but not the veracity of the status
or declarations made therein with respect to his kinsfolk and/or citizenship
(Paa v. Chan, L-25945, Oct. 31, 1967). Again, in the case of Fortus v.
Novero (L-22378, 23 SCRA 1331 [1968]), this Court held that a baptismal
certificate is conclusive proof only of the baptism administered, in
conformity with the rites of the Catholic Church by the priest who baptized
the child, but it does not prove the veracity of the declarations and
statements contained in the certificate that concern the relationship of the
person baptized. Such declarations and statements, in order that their truth
may be admitted, must indispensably be shown by proof recognized by
law.” (At pp. 84-85)
In the same light, the entries made in the Registry Book may be
considered as entries made in the course of business under Section
43 of Rule 130, which is an exception to the hearsay rule. The
baptisms administered by the church are one of its transactions in
the exercise of ecclesiastical duties and recorded in a book of the
church during the course of its business. (U.S. v. de Vera, 28 Phil.
105 [1914] Hence, the certificate (Exhibit “22”) presented by the
defense that Rosario Baluyot was baptized on December 25, 1974
may be admitted in evidence as proof of baptism. Policarpio
Baluyot, the victim’s father testified that he had in his possession a
baptismal certificate different from the one presented in court.
However, no other baptismal record was ever presented to prove a
date different from that brought by the official custodian. Since the
baptismal certificate states that Rosario was baptized on December
25, 1974, it is therefore
706

People vs. Ritter
highly improbable that Rosario could have been born on December

22, 1975. She could not have been baptized before she was born.
Exhibit “22” may be proof only of baptism but it puts a lie to the
declaration that Rosario was born in 1975. With the father’s
assertion that Rosario was more than one (1) year old when she was
baptized, we are then more inclined to agree that Rosario was born
in 1973 as stated in the Baptismal Registry. In the case of People v.
Rebancos (172 SCRA 425 [1989]), the Court stated:
xxx xxx xxx

“x x x Although no birth certificate was presented because her birth had
allegedly not been registered, her baptismal certificate, coupled by her
mother’s testimony, was sufficient to establish that Mary Rose was below
twelve years old when she was violated by Rebancos.” (At. p. 426)
Unfortunately, in the instant case, nobody could corroborate the date

on a more reliable document as to Rosario’s birth which could serve
as sufficient proof that she was born on December 26, 1973.
Therefore, she was more than 12 years old at the time of the alleged
incident on October 10, 1986.
Moreover, it is not incumbent upon the defense to prove
Rosario’s age. The burden of proof lies on the prosecution to prove
that Rosario was less than 12 years old at the time of the alleged
incident in a charge of statutory rape. The prosecution failed in this
respect.
Since Rosario was not established to have been under 12 years of
age at the time of the alleged sexual violation, it was necessary to
prove that the usual elements of rape were present; i.e. that there was
force of intimidation or that she was deprived of reason or otherwise
unconscious in accordance with Article 335 of the Revised Penal
Code.
We agree with the defense that there was no proof of such facts.
On the contrary, the evidence shows that Rosario submitted herself
to the sexual advances of the appellant. In fact, she appears to have
consented to the act as she was paid P300.00 the next morning while
her companion, Jessie Ramirez was paid P200.00 (T.S.N. p. 50,
January 6, 1988). The environmental circumstances coupled with the
testimonies and evidence presented in court clearly give the
impression that Ro-
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People vs. Ritter
sario Baluyot, a poor street child, was a prostitute inspite of her

tender age. Circumstances in life may have forced her to submit to
sex at such a young age but the circumstances do not come under the
purview of force or intimidation needed to convict for rape.
In view of these clear facts which the prosecution failed to refute,
no rape was committed. But was Ritter guilty of homicide?
The trial court justified its ruling by saying that the death of the
victim was a consequence of the insertion of the foreign object into
the victim’s vagina by the appellant.
We now ask “Was the appellant responsible for the sexual
vibrator left inside Rosario’s vagina which led to her death?
The trial court convicted the accused based on circumstantial
evidence. Unfortunately, the circumstances are capable of varying
interpretations and are not enough to justify conviction.
Jessie Ramirez, the principal witness did not actually see the
object inserted in Rosario’s vagina. Neither could he identify the
object (Exhibit “C-2”) taken from Rosario as the same object which
the appellant was holding at that time of the alleged incident.
In his sworn statement given to the police investigator on
September 4, 1987, he answered that:
xxx xxx xxx

“T Habang kayo ay nasa loob ng kuwarto ng otel, mayroon ka bang
napansin na inilabas ng kano sa kanyang dala- dalahan kung
mayroon man?
S Ang Amerikano ay may dala-dalang shoulder bag na kulay itim,
at napansin ko na may inilabas siya sa kanyang bag na parang
vicks inhaler, na kanyang inamoy-amoy habang nasa otel kami
at pagkatapos niya ay inilapag niya sa lamiseta.
T Ilarawan mo nga sa akin ang bagay na nakita mong inilabas ng
Amerikano?
S Ito ay may habang tatlong pulgada at ang takip nito ay may
habang dalawang pulgada. Iyong takip ay bilog na patulis at
may tabang mga kalahating pulgada. Hindi ko napansin ang
hugis ng dulo ng bagay na may takip dahil natatakpan ng kamay
at ilong ng Amerikano.
T Ipinakikita ko sa iyo ang isang larawan. Tignan mong
708

People vs. Ritter
mabuti ang larawang ito at sabihin mo nga sa akin kung

makikilala mo ang mga bagay na nasa larawang ito, na may
kinalaman sa nakita mong kinuha ng Amerikano sa kanyang bag?
S Napansin ko na ang kulay asul na bagay sa larawan ay katulad na
katulad noong takip ng bagay na inilabas ng Amerikano sa
kanyang bag. Kaya lang ay bakit naging kulay asul gayong ng
makita ko ito ay kulay puti? (Exhibit“A”, p. 2; Italics Supplied)
Presumably, what Jessie Ramirez saw was merely the Vicks inhaler
which the appellant does not deny having possessed at that time. He
was certain that the object was white. (T.S.N. p. 91, January 6, 1988)
Later, Ramirez retracted and corrected himself. He said that it
was grayish in color with color blue (Medyo kulay abo na may kulay
na parang blue). (T.S.N. p. 92, January 6, 1988) The inconsistency
of the witness’ testimony casts doubt as to the veracity of the
statements made especially when he answered on additional cross-
examination that the reason why he concluded that Exhibit “C-2”
was the same object being held by Ritter was because it was the only
one shown to him by the prosecution (T.S.N. pp. 109-110, January 6,
1988). Jessie Ramirez was not all certain about the sexual vibrator
because he did not actually see it in the possession of the appellant.
What he merely remembers is the revelation made by Rosario the
next morning that the foreigner inserted something inside her
vagina. The trial court admitted such statement as part of the res
gestae. In a strained effort to accept such statement as part of res
gestae, the trial court focused the test of admissibility on the lapse of
time between the event and the utterance. For the average 13 years
old, the insertion of a mechanical device or anything for that matter
into the vagina of a young girl is undoubtedly startling. For Rosario
and Jessie, however, there must be more evidence to show that the
statement, given after a night’s sleep had intervened, was given
instinctively because the event was so startling. Res gestae does not
apply. (Section 42, Rule 130, Rules of Court)
Even if it were established that the appellant did insert something
inside Rosario’s vagina, the evidence is still not adequate to impute
the death of Rosario to the appellant’s alleged act.
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People vs. Ritter
Jessie Ramirez testified that Rosario was able to remove the object
inserted in her vagina. We quote:
“Q Now, you also stated on direct examination that later on Rosario

even categorically admitted to you that she wasalready able to
remove the object allegedly inserted inside her vagina, is that
correct?
A Yes, sir.
xxx xxx xxx
ATTY. CARAAN:
Q Will you kindly tell to this Honorable Court the exact words
used by Rosario Baluyot later on when you met her when you
asked her and when she told you that she wasalready able to
remove that object from her vagina?
A “Oy, Jessie, natanggal na, “she told me that. I asked her, “Was it
already removed?” And she answered, ‘Yes, it was removed.’
But the same night, she again complained of pain of her
stomach. She sent one of her friends to call for me. And as a
matter of fact, Tomboy was uttering defamatory words against
me as she was groaning in pain.” (TSN, Jan. 6, 1988, pp. 72-73)
This encounter happened on the night of the day following the day
after both children were invited by the foreigner to the hotel. (T.S.N.
p. 73, January 6, 1988). Rosario was said to be groaning in pain so
we can just imagine the distress she was undergoing at this point in
time. If the device inserted by the appellant caused the pain, it is
highly inconceivable how she was able to endure the pain and
discomfort until May, 1987, seven (7) months after the alleged
incident. Evidence must not only proceed from the mouth of a
credible witness but it must be credible in itself such as the common
experience and observation of mankind can approve as probable
under the circumstances. (People vs. Patog, 144 SCRA 429 [1986]).
At this juncture, we find Dr. Pedro Solis’ testimony rather
significant. Dr. Pedro Solis, a witness for the defense is considered
an expert witness. (A Doctor of Medicine and a graduate of the State
University in 1940, a degree of Bachelor of Laws and member of the
Bar 1949, and a graduate of the Institute of Criminology University.
He was awarded Post Graduate Diploma in Criminology in 1963,
and also a graduate of United
710

People vs. Ritter
Nations Asia and Far East Asia Institute on the Prevention of Crimes
in Tokyo Japan 1965. He was appointed Medico Legal Officer of the
National Bureau of Investigation in 1940 until 1944. He became
Chief Medico Legal Officer in 1970 and became the Deputy
Director of the NBI up to 1984. He is at present a Professorial
Lecturer on Legal Medicine at the UP, FEU, UE, and Fatima College
of Medicine; a Medico Legal Consultant of the PGH Medical
Center, Makati Medical Center, UERM Medical Center, MCU
Medical Center. He has been with the NBI for 43 years. He has
attended no less than 13 conferences abroad. He is the author of the
textbooks entitled “Legal Medicine” and “Medical Jurisprudence”.)
With his impressive legal and medical background, his testimony is
too authoritative to ignore. We quote the pertinent portions of his
testimony:
Q Now Dr. Solis, would you kindly go over this object marked as
Exh. ‘C-2’ which object was described as a part of a sexual
vibrator battery operated. Now, given this kind of object, would
you kindly tell us what would be the proba ble effect upon a 12
years old girl when it is inserted into her vagina?
A Well, this vibrator must be considered a foreign body placed into
a human being and as such be considered a foreign object. As a
foreign object, the tendency of the body may be: No. 1—expel
the foreign body—No. 2.—The tendency of thebody is to react
to that foreign body. One of the reactions that maybe manifested
by the person wherein such foreign body is concerned is to cover
the foreign body with human tissue, in a way to avoid its further
injury to the body.
Now, the second reaction is irritation thereby producing certain
manifest symptoms and changes in the area where theforeign body
is located.
In severe cases, the symptoms manifestation might not only be
localized but may be felt all over the body, we call it systemic
reaction. Now, considering the fact that this fore ign body as shown
to me is already not complete, this shows exposure of its different
parts for the body to react. If there is mechanism to cause the
foreign body to vibrate, there must be some sort of power from
within and thatpower must be a dry cell battery. [The] composition
of the battery are, manganese dioxide ammonium, salts, water
711
VOL. 194, MARCH 5, 1991 711

People vs. Ritter
and any substance that will cause current flow. All of these
substances are irritants including areas of the container and as
such, the primary reaction of the body is to cause irritation on the
tissues, thereby inflammatory changes develop and in all
likelihood, aside from those inflammatory changes would be a
supervening infection in a way that the whole generative organ
of the woman will suffer from diseased process causing her the
systemic reaction like fever, swelling of the area, and other
systemic symptoms. x x x. (TSN., pp. 13-15, October 19, 1988)
xxx xxx xxx
Q Now, given this object, how long would it take, Doctor before
any reaction such as an infection would set in, how many days
after the insertion of this object in the vagina of a 12 year old
girl?
A In the example given to me, considering that one of the ends is
exposed, in a way that vaginal secretion has more chance to get
in, well, liberation of this irritant chemicals would be enhanced
and therefore in a shorter period of time, there being this vaginal
reaction.
Q How many days or weeks would you say would that follow after
the insertion?
A As I said, with my experience at the NBI, insertion of any
foreign body in the vaginal canal usually developed within a
period of two (2) weeks xxx.
xxx xxx xxx
Q x x x [T]he subject in this case was allegedly raped, and a sexual
vibrator was inserted in her vagina on October 10, 1986 and she
was operated on, on May 19, 1987 the following year, so it took
more than 7 months before this was extracted, would you say
that it will take that long before any adverse infection could set-
in inside the vagina?
A Infection and inflamatory changes will develop in a shorter time.
(TSN., Oct. 19, 1988, p. 18)
xxx xxx xxx
Q When you said shorter, how long would that be, Doctor?
A As I said, in my personal experience, hair pins, cottonballs and
even this lipstick of women usually, there are only about two (2)
weeks time that the patient suffer some abnormal symptoms.
Q Now, considering that this is a bigger object to the object that
you mentioned, this object has a shorter time?
A Yes, Sir shorter time.” (TSN., Oct. 19, 1988, p. 20)
712

People vs. Ritter
The trial court, however, ruled that “there is no hard and fast rule as
to the time frame wherein infection sets in upon insertion of a
foreign body in the vagina canal. For Dr. Solis, the time frame is not
more than 10 months, and this case is still within the said time
frame.”
A more generous time interval may be allowed in non-criminal
cases. But where an accused is facing a penalty of reclusion
perpetua, the evidence against him cannot be based on probabilities
which are less likely than those probabilities which favor him.
It should be clarified that the time frame depends upon the kind
of foreign body lodged inside the body. An examination of the
object gave the following results:
(1) Color: Blue

Size: (a) Circumference—3.031
inches (b) Length—approximately
2.179 inches.
Composition: Showed the general
characteristics of a styrene-butadiene plastic.
(2) The specimen can be electrically operated by means of a battery as
per certification dated 01 June 1988, signed by Mr. Rodolfo D. Mercurio,
Shipboard Electrical Systems Mechanics, Foreman II, SRF Shop 51, Subic
(see attached certification).
(3) No comparative examination was made on specimen #1 and vibrator
depicted in the catalog because no actual physical dimensions and/or
mechanical characteristics were shown in the catalog.” (Exhibit “LL”)
The vibrator end was further subjected to a macro-photographic

examination on the open end portion which revealed the following:
“Result of Examination
Macro-photographic examination on the open end portion of specimen #1

shows the following inscription:
MABUCHI MOTOR JAPAN RE 14 PAT” (Exhibit “MM”)
From the above results, the subject object is certainly not considered
as inert and based on Dr. Solis’ testimony, it is more likely that
infection should set in much earlier. Considering
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VOL. 194, MARCH 5, 1991 713

People vs. Ritter
also that the object was inserted inside the vagina which is part of
the generative organ of a woman, an organ which is lined with a
very thin layer of membrane with plenty of blood supply, this part of
the body is more susceptible to infection. (T.S.N. p. 34, October 19,
1988)
The truth of Dr. Solis’ testimony is more probable under the
circumstances of the case. We see no reason why his opinions
qualified by training and experience should not be controlling and
binding upon the Court in the determination of guilt beyond
reasonable doubt. (People v. Tolentino, 166 SCRA 469 [1988]).
Dr. Barcinal, another witness for the defense also testified that he
examined Rosario Baluyot on May 17, 1986 as a referral patient
from the Department of Surgery to give an OB-GYN clearance to
the patient prior to operation. (T.S.N. p. 6, September 28, 1988)
Q And how many times did you examine this patient Rosario
Baluyot on that day?
A I examined her twice on that day.
Q The first time that you examined her, what is the result of your
findings, if any?
A My first examination, I examined the patient inside the delivery
room. The patient was brought to the delivery room wheel-
chaired then from the wheel chair, the patient was ambigatory
(sic). She was able to walk from the door to the examining table.
On examination, the patient is cons cious, she was fairly
nourished, fairly developed, she had fever, she was
uncooperative at that time and examination deals more on the
abdomen which shows slightly distended abdomen with muscle
guarding with tenderness all over, with maximum tenderness
over the hypogastric area. (T.S.N. p. 5, September 28, 1988)
xxx xxx xxx
Q What about your second examination to the patient, what was
your findings, if any?
A In my second examination, I repeated the internal examin ation
wherein I placed my index finger and middle finger inside the
vagina of the patient and was able to palpate a hard object. After
which, I made a speculum examination wherein I was able to
visualize the inner portion of the vaginal canal, there I saw
purulent foul smelling, blood
714

People vs. Ritter
tints, discharge in the vaginal canal and a foreign body invaded

on the posterior part of the vaginal canal.
xxx xxx xxx
A I referred back to Dr. Fernandez about my findings and he asked
me to try to remove the said foreign object by the use of forceps
which I tried to do so also but I failed to extract the same.
Q All this time that you were examining the patient Rosario
Baluyot both in the first and second instance, Rosario Baluyot
was conscious and were you able to talk to her when you were
examining her?
A Yes, sir.
Q And did you ask her why there is a foreign object lodge inside
her vagina?
A Yes, Sir I asked her.
Q And what did she tell you, if any?
A She said in her own words that “GINAMIT AKO NG NE- GRO
AT SIYA ANG NAGLAGAY NITO.”
Q Did she also tell you when, this Negro who used her and who
inserted and placed the foreign object on her vagina?
A Yes, Sir I asked her and she said he used me three (3) months
ago from the time I examined her.
Q Now, you said that you referred the patient to the ward, what
happened next with your patient?
A To my knowledge, the patient is already scheduled on operation
on that date.
Q Meaning, May 17, 1987?
A Yes, Sir I was presuming that the patient would undergo surgery
after that?”
(TSN, Sept. 28, 1988, pp. 8-9; Emphasis supplied)
The trial court debunked Dr. Barcinal’s testimony considering

Rosario’s condition at that time. It ruled that it is inconceivable that
she would be striking a normal conversation with the doctors and
would be sitting on the examination table since Gaspar Alcantara
stated that when he brought Rosario Baluyot to the hospital, she was
unconscious and writhing in pain.
It was not improbable for Rosario Baluyot to still be conscious
and ambulant at that time because there were several instances
testified to by different witnesses that she was still able to talk prior
to her operation:
(1) Fe Israel, a witness for the prosecution and a member of
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People vs. Ritter
the Olongapo Catholic Charismatic Renewal Movement testified

that as a member of this group she visits indigent children in the
hospital every Saturday and after office hours on working days.
On the Saturday prior to Rosario’s death which was May 17, she
was still able to talk to Rosario Baluyot. In fact, one of her
groupmates helped Rosario go to the comfort room to urinate.
(T.S.N., pp. 16-19, May 25, 1988)
(2) Angelita Amulong, a witness for the defense is another para
social worker who worked at Pope John 23rd Community Center
under Sister Eva Palencia. In one of her hospital visits, she
encountered Rosario Baluyot in the month of May, 1987. She
actually saw a child who happened to be Rosario Baluyot seated on
the cement floor and when she asked why she was seated there, she
was told that it was too hot in the bed. She saw Rosario Baluyot for
about 2 or 3 days successively. (T.S.N. pp. 10-13, September 7,
1988)
(3) Gaspar Alcantara, the person who brought Rosario to the
hospital actually testified that she was conscious (T.S.N. p. 36,
September 14, 1988) but writhing in pain. He took pity on her so he
brought her to the hospital (T.S.N. p. 12, September 14, 1988)
From the above testimonies, it is clear that Rosario was still
conscious and could still answer questions asked of her although she
was complaining of stomach pains. Unfortunately, the medical
attention given to her failed to halt the aggravation of her condition.
The operation on May 19 was too late.
Rosario died because of septicemia, which in layman’s language
is blood poisoning, and peritonitis, which is massive infection, in the
abdominal cavity caused by the foreign object or the cut sexual
vibrator lodged in the vagina of the victim. This led to the infection
from the uterus to the fallopian tubes and into the peritoneum and
the abdominal cavity.
The trial court convicted the accused citing the rationale of
Article 4 of the RPC.
“He who is the cause of the cause is the cause of the evil caused.”
But before the conviction is affirmed, we must first follow the rule
as stated in the case of Urbano vs. Intermediate Appellate
716

People vs. Ritter
Court (157 SCRA 1 [1988]) to wit:
“The rule is that the death of the victim must be the direct, natural and
logical consequence of the wounds inflicted upon him by the accused. And
since we are dealing with a criminal conviction, the proof that the accused
caused the victim’s death must convince a rational mind beyond reasonable
doubt.” (Italics supplied)
In People v. Tempongko, Jr., (144 SCRA 583, 592 [1986]), we

explained that:
xxx xxx xxx

“The basic principle in every criminal prosecution is that accusation is
not synonymous with guilt. The accused is presumed innocent until the
contrary is proved by the prosecution. If the prosecution fails, it fails utterly,
even if the defense is weak or, indeed, even if there is no defense at all. The
defendant faces the full panoply of state authority with all “The People of
the Philippines” arrayed against him. In a manner of speaking, he goes to
bat with all the bases loaded. The odds are heavily against him. It is
important, therefore, to equalize the positions of the prosecution and the
defense by presuming the innocence of the accused until the state is able to
refute the presumption by proof of guilt beyond reasonable doubt.” (At. p.
592)
The evidence for the accused maybe numerically less as against the
number of witnesses and preponderance of evidence presented by
the prosecution but there is no direct and convincing proof that the
accused was responsible for the vibrator left inside the victim’s
vagina which caused her death seven (7) months after its insertion.
What the prosecution managed to establish were mere circumstances
which were not sufficient to overcome the constitutional
presumption of innocence. While circumstantial evidence may
suffice to support a conviction it is imperative, though, that the
following requisites should concur:
(a) There is more than one circumstance;

(b) The facts from which the inferences are derived are proven;
and
(c) The combination of all the circumstances is such as to
produce a conviction beyond reasonable doubt. (Rule 133,
Sec. 4 Revised Rules of Court)
For the well-entrenched rule in evidence is that “before con-
717
VOL. 194, MARCH 5, 1991 717

People vs. Ritter
viction can be had upon circumstantial evidence, the circumstances

proved should constitute an unbroken chain which leads to one fair
and reasonable conclusion pointing to the defendant, to the exclusion
of all others, as the author of the crime (People v. Subano, 73 Phil.
692 [1942]; Italics supplied). It must fairly exclude every reasonable
hypothesis of innocence (Dorado v. Court of Appeals, 153 SCRA
420, 433 [1987]). In this case the circumstantial evidence presented
by the prosecution does not conclusively point to the liability of the
appellant for the crime charged. (People v. Tolentino, supra)
We are aware of the wide publicity given to the plight of Rosario
Baluyot and how her death exemplified starkly the daily terrors that
most street children encounter as they sell their bodies in order to
survive. At an age when innocence and youthful joys should
preponderate in their lives, they experience life in its most heartless
and inhuman form. Instead of nothing more than gentle
disappointments occupying their young minds, they daily cope with
tragedies that even adults should never be made to carry.
It is with distressing reluctance that we have to seemingly set
back the efforts of Government to dramatize the death of Rosario
Baluyot as a means of galvanizing the nation to care for its street
children. It would have meant a lot to social workers and prosecutors
alike if one pedophile-killer could be brought to justice so that his
example would arouse public concern, sufficient for the formulation
and implementation of meaningful remedies. However, we cannot
convict on anything less than proof beyond reasonable doubt. The
protections of the Bill of Rights and our criminal justice system are
as much, if not more so, for the perverts and outcasts of society as
they are for normal, decent, and law-abiding people.
The requirement of proof which produces in an unprejudiced
mind moral certainty or conviction that the accused did commit the
offense has not been satisfied.
By way of emphasis, we reiterate some of the factors arousing
reasonable doubt:
1. The evidence on Rosario Baluyot’s baptism creates

reasonable doubt about her being less than 12 years old
when the carnal knowledge took place. If the evidence for
the prosecution is to be believed, she was not yet born on
the date she was
718

People vs. Ritter
baptized.
2. Since the proof of Rosario’s being under 12 years of age is
not satisfactory, the prosecution has to prove force,
intimidation, or deprivation of reason in order to convict for
rape. There is no such proof. In fact, the evidence shows a
willingness to submit to the sexual act for monetary
considerations.
3. The only witness to the fact of Ritter’s placing a vibrator
inside the vagina of Rosario was Jessie Ramirez. This
witness did not see Ritter insert the vibrator. The morning
after the insertion, he was only told by Rosario about it.
Two days later, he allegedly met Rosario who informed him
that she was able to remove the object. And yet, Ramirez
testified that on the night of that second encounter, he saw
Rosario groaning because of pain in her stomach. She was
even hurling invectives. Ramirez’ testimony is not only
hearsay, it is also contradictory.
4. It was improbable, according to expert medical testimony,
for a foreign object with active properties to cause pain,
discomfort, and serious infection only after seven months
inside a young girl’s vaginal canal. Infection would have set
in much earlier. Jessie Ramirez recalled that the incident
happened in December of 1986. (TSN., January 6, 1988,
pp. 15-17) The evidence, however shows that the appellant
was not here in the Philippines that December. As per the
Commission on Immigration Arrival and Departure Report,
Heinrich Ritter arrived in the Philippines on October 7,
1986 and left on October 12, 1986. He never returned until
September 23, 1987 (Exhibits “DD” and “EE”). The
incident could have happened only in October, but then it
would have been highly improbable for the sexual vibrator
to stay inside the vagina for seven (7) months with the kind
of serious complications it creates.
5. The gynecologist who attended to Rosario during her
hospital confinement testified that she told him “Ginamit
ako ng Negro at siya ang naglagay nito.” The accused is not
a black.
Noteworthy is the fact that nothing was mentioned about Rosario’s

activities after the hotel incident. Considering Dr. Barcinal’s
testimony indicating that she was “used” by a “Negro” three (3)
months prior to admission in the hospital and Rosario’s unfortunate
profession, there is always the possibility that she could have
allowed herself to be violated by this perverse kind of sexual
behavior where a vibrator or vibrators
719
VOL. 194, MARCH 5, 1991 719

People vs. Ritter
were inserted into her vagina between October, 1986 and May, 1987.
Moreover, the long delay of seven (7) months after the incident
in reporting the alleged crime renders the evidence for the
prosecution insufficient to establish appellant’s guilty connection
with the requisite moral certainty. (See People v. Mula Cruz, 129
SCRA 156 [1984]).
The established facts do not entirely rule out the possibility that
the appellant could have inserted a foreign object inside Rosario’s
vagina. This object may have caused her death. It is possible that the
appellant could be the guilty person. However, the Court cannot base
an affirmance of conviction upon mere possibilities. Suspicions and
possibilities are not evidence and therefore should not be taken
against the accused. (People v. Tolentino, supra)
Well-established is the rule that every circumstance favorable to
the accused should be duly taken into account. This rule applies
even to hardened criminals or those whose bizarre behaviour
violates the mores of civilized society. The evidence against the
accused must survive the test of reason. The strongest suspicion
must not be allowed to sway judgment. (See Sacay v.
Sandiganbayan, 142 SCRA 593 [1986]). As stated in the case of
People v. Ng, (142 SCRA 615 [1986]):
“x x x [F]rom the earliest years of this Court, it has emphasized the rule that
reasonable doubt in criminal cases must be resolved in favor of the accused.
The requirement of proof beyond reasonable doubt calls for moral certainty
of guilt. It has been defined as meaning such proof ‘to the satisfaction of the
court, keeping in mind the presumption of innocence, as precludes every
reasonable hypothesis except that which it is given to support. It is not
sufficient for the proof to establish a probability, even though strong, that
the fact charged is more likely to be true than the contrary. It must establish
the truth of the fact to a reasonable and moral certainty—a certainty that
convinces and satisfies the reason and the conscience of those who are to act
upon it.” (Moreno, Philippine Law Dictionary, 1972 Edition, p. 379, citing
U.S. v. Reyes, 3 Phil. 3). x x x”
In the instant case, since there are circumstances which prevent our
being morally certain of the guilt of the appellant, he is, therefore,
entitled to an acquittal.
720

People vs. Ritter
This notwithstanding, the Court can not ignore the acts of the
appellant on the children, Jessie Ramirez and Rosario Baluyot in
October, 1986 at the MGM Hotel. Inspite of his flat denials, we are
convinced that he comes to this country not to look at historical
sights, enrich his intellect or indulge in legitimate pleasures but in
order to satisfy the urgings of a sick mind.
With the positive identification and testimony by Jessie Ramirez
that it was the appellant who picked him and Rosario from among
the children and invited them to the hotel; and that in the hotel he
was shown pictures of young boys like him and the two masturbated
each other, such actuations clearly show that the appellant is a
pedophile. When apprehended in Ermita, he was sizing up young
children. Dr. Solis defined pedophilia in his book entitled Legal
Medicine, 1987 edition, as follows:
“Pedophilia—A form of sexual perversion wherein a person has the

compulsive desire to have sexual intercourse with a child of either sex.
Children of various ages participate in sexual activities, like fellatio,
cunnilingus, fondling with sex organs, or anal sexual intercourse. Usually
committed by a homosexual between a man and a boy the latter being a
passive partner.”
Ritter was prosecuted for rape with homicide and not pedophilia,
assuming this is a crime by itself. Pedophilia is clearly a behavior
offensive to public morals and violative of the declared policy of the
state to promote and protect the physical, moral, spiritual and social
well-being of our youth. (Article II, Section 13, 1987 Constitution)
(Harvey v. Defensor Santiago, 162 SCRA 840, 848 [1989]).
Pedophiles, especially thrill seeking aliens have no place in our
country.
In this case, there is reasonable ground to believe that the
appellant committed acts injurious not only to Rosario Baluyot but
also to the public good and domestic tranquility of the people. The
state has expressly committed itself to defend the right of children to
assistance and special protection from all forms of neglect, abuse,
cruelty, exploitation and other conditions prejudicial to their
development. (Art. XV, Section 3 [2] x x x (Harvey v. Santiago,
supra). The appellant has abused Filipino children, enticing them
with money. The appellant
721
VOL. 194, MARCH 5, 1991 721

People vs. Ritter
should be expelled from the country. Furthermore, it does not

necessarily follow that the appellant is also free from civil liability
which is impliedly instituted with the criminal action. (Rule III,
Section 1) The well-settled doctrine is that a person while not
criminally liable, may still be civilly liable. We reiterate what has
been stated in Urbano v. IAC, supra.
“x x x While the guilt of the accused in a criminal prosecution must be

established beyond reasonable doubt, only a preponderance of evidence is
required in a civil action for damages. (Article 29, Civil Code). The
judgment of acquittal extinguishes the civil liability of the accused only
when it includes a declaration that the facts from which the civil liability
might arise did not exist. (Padilla v. Court of Appeals, 129 SCRA 559).
The reason for the provisions of Article 29 of the Civil Code, which
provides that the acquittal of the accused on the ground that his guilt has not
been proved beyond reasonable doubt does not necessarily exempt him from
civil liability for the same act or omission, has been explained by the Code
Commission as follows:
“ ‘The old rule that the acquittal of the accused in a criminal case also releases him
from civil liability is one of the most serious flaws in the Philippine legal system. It
has given rise to numberless instances of miscarriage of justice, where the acquittal
was due to a reasonable doubt in the mind of the court as to the guilt of the accused.
The reasoning followed is that inasmuch as the civil responsibility is derived from
the criminal offense, when the latter is not proved, civil liability cannot be
demanded.
This is one of those causes where confused thinking leads to unfortunate and
deplorable consequences. Such reasoning fails to draw a clear line of demarcation
between criminal liability and civil responsibility, and to determine the logical result
of the distinction. The two liabilities are separate and distinct from each other. One
affects the social order and the other, private rights. One is for the punishment or
correction of the offender while the other is for the reparation of damages suffered
by the aggrieved party. The two responsibilities are so different from each other that
article 1813 of the present (Spanish) Civil Code reads thus: ‘There may be a
compromise upon the civil action arising from a crime; but the public action for the
imposition of the legal penalty shall not thereby be extinguished.’ It is just and
proper that, for the purposes of the imprisonment of or fine
722

People vs. Ritter
upon the accused, the offense should be proved beyond reasonable doubt. But for the
purpose of indemnifying the complaining party, why should the offense also be
proved beyond reasonable doubt? Is not the invasion or violation of every private
right to be proved only by a preponderance of evidence? Is the right of the aggrieved
person any less private because the wrongful act is also punishable by the criminal
law?
For these reasons, the Commission recommends the adoption of the reform under
discussion. It will correct a serious defect in our law. It will close up an inexhaustible
source of injustice—a cause for disillusionment on the part of the innumerable
persons injured or wronged.’ ”
Rosario Baluyot is a street child who ran away from her

grandmother’s house. Circumstances forced her to succumb and
enter this unfortunate profession. Nonetheless, she has left behind
heirs who have certainly suffered mental anguish, anxiety and moral
shock by her sudden and incredulous death as reflected in the
records of the case. Though we are acquitting the appellant for the
crime of rape with homicide, we emphasize that we are not ruling
that he is innocent or blameless. It is only the constitutional
presumption of innocence and the failure of the prosecution to build
an airtight case for conviction which saved him, not that the facts of
unlawful conduct do not exist. As earlier stated, there is the
likelihood that he did insert the vibrator whose end was left inside
Rosario’s vaginal canal and that the vibrator may have caused her
death. True, we cannot convict on probabilities or possibilities but
civil liability does not require proof beyond reasonable doubt. The
Court can order the payment of indemnity on the facts found in the
records of this case.
The appellant certainly committed acts contrary to morals, good
customs, public order or public policy (see Article 21 Civil Code).
As earlier mentioned, the appellant has abused Filipino children,
enticing them with money. We can not overstress the responsibility
for proper behavior of all adults in the Philippines, including the
appellant towards young children. The sexual exploitation
committed by the appellant should not and can not be condoned.
Thus, considering the circumstances of the case, we are awarding
damages to the heirs of Rosario Baluyot in the amount of
P30,000.00.
723
VOL. 194, MARCH 5, 1991 723

People vs. Ritter
And finally, the Court deplores the lack of criminal laws which will
adequately protect street children from exploitation by pedophiles,
pimps, and, perhaps, their own parents or guardians who profit from
the sale of young bodies. The provisions on statutory rape and other
related offenses were never intended for the relatively recent influx
of pedophiles taking advantage of rampant poverty among the
forgotten segments of our society. Newspaper and magazine articles,
media exposes, college dissertations, and other studies deal at length
with this serious social problem but pedophiles like the appellant
will continue to enter the Philippines and foreign publications
catering to them will continue to advertise the availability of Filipino
street children unless the Government acts and acts soon. We have to
acquit the appellant because the Bill of Rights commands us to do
so. We, however, express the Court’s concern about the problem of
street children and the evils committed against them. Something
must be done about it.
WHEREFORE, the appealed judgment is REVERSED and SET
ASIDE. Appellant HEINRICH STEFAN RITTER is ACQUITTED
on grounds of reasonable doubt. The appellant is ordered to pay the
amount of P30,000.00 by way of moral and exemplary damages to
the heirs of Rosario Baluyot. The Commissioner of Immigration and
Deportation is hereby directed to institute proper deportation
proceedings against the appellant and to immediately expel him
thereafter with prejudice to reentry into the country.
SO ORDERED.
Fernan (C.J., Chairman), Feliciano, Bidin and Davide, Jr.,

JJ, concur.
Judgment reversed and set aside.
Note.—The force employed by appellant on 12-year old

complainant was sufficient to instill fear in her to submit to his
lustful desires. (People vs. Alamo, 130 SCRA 46.)
——o0o——
724
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690 SUPREME COURT REPORTS ANNOTATED

People vs. Ritter

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. HEINRICH

Criminal Law; Statutory Rape; Evidence; The evidence on record

VOL. 194, MARCH 5, 1991 691

People vs. Ritter

Same; Same; Same; Same; Circumstantial Evidence; Before conviction

692 SUPREME COURT REPORTS ANNOTATED

People vs. Ritter

VOL. 194, MARCH 5, 1991 693

People vs. Ritter

APPEAL from the judgment of the Regional Trial Court of

The facts are stated in the opinion of the Court.

GUTIERREZ, JR., J.:

The appellant challenges his conviction of the crime involving a

When arraigned, the accused pleaded “Not Guilty”. Thereafter, the

694 SUPREME COURT REPORTS ANNOTATED

VOL. 194, MARCH 5, 1991 695

696 SUPREME COURT REPORTS ANNOTATED

behavior especially to a Filipino who have a characteristic of curiosity not to

VOL. 194, MARCH 5, 1991 697

appeared to have septicemia, poisoning of the blood. The peritonitis and

698 SUPREME COURT REPORTS ANNOTATED

VOL. 194, MARCH 5, 1991 699

European or Australian national, the team composed of Agent Salonga, Mr.

700 SUPREME COURT REPORTS ANNOTATED

“WHEREFORE, IN VIEW OF ALL THE FOREGOING, the Court holds,

The accused now comes to this Court on the following assigned

VOL. 194, MARCH 5, 1991 701

THE TRIAL COURT GRAVELY ERRED AND ABUSED ITS

THE TRIAL COURT GRAVELY ERRED AND ABUSED ITS

THE TRIAL COURT GRAVELY ERRED AND ABUSED ITS

Inasmuch as it is the bounden duty of this Court to affirm a

702 SUPREME COURT REPORTS ANNOTATED

VOL. 194, MARCH 5, 1991 703

testimonies of Fe Israel and Jessie Ramirez, rendered the baptismal

(1) That the declarant must be dead or outside of the

These requirements were not satisfied by the evidence for the

704 SUPREME COURT REPORTS ANNOTATED

VOL. 194, MARCH 5, 1991 705

xxx xxx xxx

706 SUPREME COURT REPORTS ANNOTATED

highly improbable that Rosario could have been born on December

xxx xxx xxx

Unfortunately, in the instant case, nobody could corroborate the date

VOL. 194, MARCH 5, 1991 707

sario Baluyot, a poor street child, was a prostitute inspite of her

xxx xxx xxx

708 SUPREME COURT REPORTS ANNOTATED

mabuti ang larawang ito at sabihin mo nga sa akin kung

VOL. 194, MARCH 5, 1991 709

“Q Now, you also stated on direct examination that later on Rosario

710 SUPREME COURT REPORTS ANNOTATED

VOL. 194, MARCH 5, 1991 711

712 SUPREME COURT REPORTS ANNOTATED

(1) Color: Blue

The vibrator end was further subjected to a macro-photographic

Macro-photographic examination on the open end portion of specimen #1

VOL. 194, MARCH 5, 1991 713