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People v. Alojado
People v. Alojado
Alojado stressed that, considering the tender age of the two minors,
Topic: Effect of plea on objections to legality of arrest it was highly unlikely, for them to have fabricated the rape.
The court rejected the defense of alibi which appellant
ISSUE resorted to, since (1) his house was near the scene of the
Whether the irregularity of arrest deemed waived crime; and (2) he failed to present any witness to
corroborate his claim that, at the time the crimes were
FACTS committed, he was at the day center to fetch his son.
Julette Penarada and Gerra Rustia were grade 3 pupils of
Amsic Elementary School, during recess at 10:00 am both HELD
girls when to Julette’s house to get a dress, on their way Yes
back to school, appellant asked them to help him look for a The appellant failed to allege the illegality of his arrest prior
woman to his arraignment
The two girls accompanied appellant to Paridel where he In People v. Salvatierra:
tied their hands and feet and raped them “Appellant is estopped from questioning the legality of his
After raping them he told them that he would rest, Julette arrest considering that he never raised this before entering
removed the handle of the bag used to tie her hands and his plea. Any objection involving a warrant of arrest or the
their feet acquisition of jurisdiction over the person of an accused
They stood up and walked toward the house of Mrs. Stickle must be made before he enters his plea, otherwise the
whom they asked for help objection is deemed waived."
Mrs. Stickle saw them at the gate of her house, Julette Consequently, any, defect concerning the arrest of the
wearing her shorts while Gerra was wearing nothing appellant was cured by his voluntary, submission to the
Mrs. Stickle brought them to the Angeles City General jurisdiction of the trial court, as shown when he entered his
Hospital where it was found that Gerra had a blood clot on plea during his arraignment, and when he actively
her genital area while there were lacerations in the genitalia participated in the trial thereafter.
of Jullette
Appellant was later brought to the hospital where he was
identified by Jullette as the person who raped them
Appellant was charged with 2 counts of rape committed
against Jullete and Gerra both under the age of 12
Appellant claimed alibi that at the time of the alleged rape,
he was at the daycare to pick up his son
Appellant also maintains that he was illegally arrested
RTC: gave full credence to the testimonies of the 2 victims
which were corroborated by medical findings. It also