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Accused-Appellant,: Regional Trial Court
Accused-Appellant,: Regional Trial Court
VANDAM K. PATOGTOG
Accused-Appellant,
PREFATORY STATEMENT
THE PARTIES
I
STATEMENT OF FACTS
l.1 Vandam K. Patogtog is a thirty five (35) years old man who drives
a passenger jeep as a means of livelihood. The private complainant,
Petra A. Peter is the niece of the accused who was then studying at
Dona Aurora National High School at Aurora Hill Baguio City.
1.2 Private complainant alleged that she was raped by her uncle,
accused-appellant in the instant case, on two occasions, in the
afternoon of December 24 and December 29, 2014 inside the
passenger jeep being driven by the latter;
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1.4 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;
1.5 The Medical Report of the alleged rape was made on March 9,
2016, a lapse of more than a year after the commission of the alleged
offense charged.
II
ASSIGNMENT OF ERRORS
III
ARGUMENTS
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The alleged rape was committed on December 24 and
December 29, 2014, however, the appellant was arraigned
only on November 24, 2015. Charges was only formally filed
a year after. Her affidavit was only executed on November
9, 2015 (Exhibit A). This creates much doubt as to the
claim of the alleged victim. The Supreme Court has already
ruled that the delay in filing criminal proceedings for rape
may result in adverse inference against the complainant
(People vs. Cueto, 84 SCRA 774).
b. Incredible.
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The absence of defensive wounds on the medical report
of Dr. Bello V. BK , (Exhibit D) 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.
f. Alibi.
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arrived at school around 2:00 p.m. and left at 5:30 p.m.
at the afternoon.
g. Motive
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by the appelle. Damages are never presumed but must be proven by
competent evidence, which the prosecution has failed to do. Also the
trial court imposed a civil indemnity on both counts, failing to
consider the fact that the accused is a 57 year old man whose main
source of income is manning his jeep as a school service. Thus the
awards are both contrary to law and from the basic norms of fair play
and equity.
PRAYER
By
MARINA P. CAYABO
3F La Azotea Bldg., Session Road, Baguio City
Notary Public for the City of Baguio
My commission expires on December 31, 2016
PTR No. 12348977; 01/29/2016; Baguio City
IBP OR No: 6928764; 01/04/2016; Baguio City
Roll No.: 81319; 04/08/2015
MCLE Compliance No. IV-0008758/10-18-14
VERIFICATION/CERTIFICATION
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I, VANDAM K. PATOGTOG, of legal age, Filipino and a
resident of Dominican Hill, Baguio City after having been
duly sworn to in accordance with law, do hereby depose and
say:
3. I have read the same and the allegations therein are true
and correct of my personal knowledge or based on authentic
records.
VANDAM K. PATOGTOG
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Community Tax Certificate No. CC 123456 issued at Baguio City,
Philippines on January 04, 2016.
Copy Furnished:
Office of the Provincial Prosecutor
Baguio City
EXPLANATION
MARINA P. CAYABO
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