LEGAL RESEARCH on a case involving the alleged commission by

defendant HARRY POTTER of the crime of Rape.

A. NARRATION OF RELEVANT FACTS

1. HARRY POTTER 60 years old man who drives a passenger jeep as a

means of livelihood. The private complainant, HERMIONE GRANGER,
complainant, is the niece of the accused who was then studying at Sindangan
Pilot Demonstration School, Sindangan, Zamboanga del Norte;
2. Complainant alleged that she was raped by her uncle, accused in the
instant case, on two occasions, in the afternoon of February 24 and April 29,
2015 inside the passenger jeep being driven by the latter;
3. The passenger jeep was parked in a broad daylight infront of several
houses. The jeep had partially glass doors with the back door open and the
wind shield not covered where the offense charged was allegedly committed
by the accused-appellant;
4. On the dates of the alleged commission of the offense charged, the
accused-appellant was engaged with his usual work, transporting passengers
using his vehicle;
5. The Medical Report of the alleged rape was made on May 9, 2016, a
lapse of more than a year after the commission of the alleged offense
charged.
B. LEGAL THEORY
1. The prosecution’s evidence is insufficient to prove the guilt of the
accused-appellant beyond reasonable doubt:
a) Delay in Filing Complaint Renders Rape Charge Doubtful.
b) Long Silence Runs Counter to Natural Reaction.
c) Absence of defensive wounds, use of weapons and attempt to
ask for help.
d) The inconsistency of the prosecution’s witness’ testimony and
alibi.

C. RELEVANT JURISPRUDENCE
1. Duran vs. Court of Appeals, 71 SCRA 68).
It is the Constitutional right of the appellant that
“every circumstance favoring the innocence of the accused must be duly
taken into account. The proof against him must survive the test of reason”
2. People vs. Cueto, 84 SCRA 774
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 The Supreme Court has already ruled that the “delay in filing criminal
proceedings for rape may result in adverse inference against the
complainant”.
3. People vs. Leones, 117 SCRA 382
The elements of secrecy had been totally ignored of disregarded which
is quite unbelievable and incredible in such a crime of rape.
4. People vs. Romero, Jr., 117 SCRA 897
Despite the availability of resources to speak to, the victim slept on her
rights on reporting the alleged rape.
“Needless to state, such conduct runs counter to the natural reaction of
an outraged maiden despoiled of her honor xxx. In fine, the complainant’s
testimony in the instant case lacks that stamp of absolute truth and candor
necessary to overcome the constitutional presumption of innocence.”
D. DISCUSSIONS
1. It is the sole duty of the prosecution to present evidence sufficient to
prove the accused guilt beyond reasonable doubt. The evidence presented by
the prosecution however in this case, is insufficient and has been clearly
rebutted by countervailing proof by defendant.
2. Delay in filing.
The alleged rape was committed on February 24 and April 29 of 2015,
however, the appellant was arraigned only on August 24, 2016. Charges was
only formally filed a year after. Her affidavit was only executed on April 19,
2017 (Exhibit “A”). This creates much doubt as to the claim of the alleged
victim.
3. Absence of defensive wounds, etc.

The absence of defensive wounds on the medical report of Dr. Frodo

Baggins and the absence of use of any deadly weapons runs counter to the
allegation of force and intimidation. The absence of any action on the part
of the victim to call for help or shout for assistance taking into consideration
the allegedly rapes were committed on a public area, which is in the direct
access of nearby civilians, runs much doubt as to the credibility of the
commission of the offense and against the basic norms of a girl of good
repute.

4. Inconsistencies of testimonies

The evidence of the prosecution is tainted with inconsistencies that

scorn the credence of this Court, it must be rejected as a feeble concoction.
In the testimony of the alleged victim she narrated that she attended
school on February 24, 2015. However this was rebutted by the testimony

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of school teacher Severo Valdez who presented Form 1 or School Register
were she narrated that she was absent on that day. This was corroborated by
the testimony of a schoolmate of the alleged victim, Legolas testified that
she was absent for the whole month of February, that she did not attend the
graduation rehearsal.
On the alleged rape on April 29, 2015, the victim stated in her
testimony that she and her nephews with the accused drove the jeep towards
the store, Tony Stark Electronics and Merchandise, for accused to buy new
stereo for his jeepney. However, the owner of the store, Tony Stark,
testified that he was only been able to begin the business and opened for
public only on May 1, 2015, thus negating the plausibility of her testimony
of an April 29 trip to Tony Stark’s store.

E. RECOMMENDATION

1. Seek for the court to dismiss the two counts of rape for defendant’s
guilt has not been proven beyond reasonable doubt and that there are so
many inconsistencies on the evidences presented by the prosecution.
Furthermore, it is recommended to pray for such other relief as may be just
and equitable in the premises.

This draft prepared by the apprentice is approved by:

______________________
Atty. ALFRED S. CASIPONG
Supervisor