People vs.

Ritter
G.R. No. 88582 | March 5, 1991| J. Guttierrez Jr. | Human Relations | SG

weapon of death but was made for the purpose of giving sexual pleasure and that
S: Ritter, an Austrian was charged with the crime of rape with homicide of a Rosario died because of the incompetence of the doctors.
“12-year old” girl named, Rosario. He allegedly left a portion of a vibrator inside
her vaginal canal. This object then caused her infection of the blood The RTC convicted him of Rape with Homicide under RPC 335 (3) and penalised
septicaemia, and peritonitis inflammation of the abdominal wall which led to him with reclusion perpetua. He was likewise ordered to indemnify the relatives
her death. RTC convicted her. The SC acquitted him, since it was not established of Rosario in the sum of P60 Thousand and to pay P10 Thousand for attorney’s
that Rosario was 12 years old at the time of the incident; that Ritter was fees.
responsible for the vibrator left inside Rosario, to the exclusion of all others;
but the Supreme Court awarded moral and exemplary damages in favor of Ritter then appealed the judgement of the RTC to the SC saying that the RTC erred
Rosario’s relatives. in finding him guilty of rape with homicide and that Rosario was 13 at the time
that the alleged offense was committed.
D: Under NCC 21, Any person who wilfully causes loss or injury to another in
manner that is contrary to morals, good customs or public policy shall Issues:
compensate the latter for the damage. (Issue 4, most relevant to the topic). 1. 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.
Facts: Heinrich Stefan Ritter (Austrian) was charged with the crime of rape and Article 335 of the Revised Penal Code defines the third type of rape as having
homicide. The Information states that he had carnal knowledge with Rosario carnal knowledge of a woman under 12 years of age, in which case force,
Baluyot who was then 12 years old (the incident happened on October 10, 1986 intimidation, deprivation of reason or unconscious state do not have to be
in Olangpo City.) and inserted a foreign object (portion of a vibrator 3.1 inches in present.
circumference, and 2.1 inches in length) in Rosario’s vagina which caused her
death shortly thereafter. She was brought to the hospital by a certain Alcantara, In resolving the issue, the trial court put great weight on the testimonies
who had known her for a year. Alcantara stated in Rosario’s medical records that of the victim’s grandmother and father who testified that she was born
she is 12 years old at that time. The doctors who attended to Rosario at Olangapo on December 22, 1975. These oral declarations were admitted pursuant to
City General Hospital said she died because of peritonitis1 and septicemia2, which then Rule 130, Section 33 of the Rules of Court where, in the absence of a birth
were caused by the infection caused by the foreign object (portion of a vibrator) certificate, the act or declaration about pedigree may be received in evidence
lodged in her vaginal canal. (Please see a more detailed narration of facts under on any notable fact in the life of a member of the family. Since birth is a matter
the notes section). of pedigree within the rule which permits the admission of hearsay evidence,
oral declarations are therefore admissible as proof of birth.
Ritter was arrested in Manila sometime September after being identified by
Jessie. He was then brought to Olangapo for trial. His main defence was that of The grandmother recalled that Rosario was born on the year that her brother
(1) a mistaken identity. Since Jessie has described him to be an American and he died, since her daughter Anita was not able to go to the wake. The father of
is Austrian and that (2) Rosario was at the time of the commission of the offense, Anita said that she was more than a year old when she was baptised in 1973.
already more than 13 years old, she having been born on December 26, 1973 as Fe Israel, one of the religious /civic group member who talked to Rosario, said
per baptismal certificate and not on December 22, 1975 based on the testimonies that the child claimed to be 12 years old. This was further corroborated by
of her father and grandmother; (3) he likewise argues that a vibrator is not a the medical records and death records of Rosario. Jessie also said that at the

1inflammation of the peritoneum, a silk-like lining of the abdominal wall, typically 2 Poisoning of the blood
caused by bacterial infection either via the blood or after rupture of an abdominal organ.
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 People vs. Ritter
G.R. No. 88582 | March 5, 1991| J. Guttierrez Jr. | Human Relations | SG

time that the rape was committed he was 13 years old. He likewise said that • The court then concluded that Rosario was not 12 years old at the time of the
he was older than Rosario, then that means that Rosario was 12. incident, since no other evidence can establish that she was born in 1975 and
not 1973 based on her baptismal certificate. The court also noted that that it
To this the Supreme Court held that the requisites for applying Rule 130 was the burden of the prosecution to establish that she was then 12 years
Section 33 were not present. old. Given that they have failed to do so, they must prove that the elements
of rape — force, intimidation, unconsciousness, are present.
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 2. Is Ritter guilty of rape? No, Rosario subjected herself to Ritter’s sexual
testify; advances and even received P300.
(2) That pedigree is in issue;
(3) That the person whose pedigree is in question must be related to the 3. Is Ritter guilty of homicide? Is Ritter responsible for vibrator left in
declarant by birth or marriage; Rosario’s vaginal canal which lead to her death?
(4) That the declaration must be made before the controversy occurred or ante
litem motam; and • Jessie’s Testimony: Ritter was convicted by the trial court based on
(5) That the relationship between the declarant and the person whose pedigree circumstantial evidence, which leaves room for interpretations. Jessie did not
is in question must as a general rule be shown by evidence other than such act or see Ritter insert said object inside Rosario’s vagina. In his statement to the
declaration.” police, he described to have seen a white object — Vick’s inhaler. Hence, at
that time, he could not identify the greyish-blue object in the photo shown to
• In this case, (1) both the grandmother and the father testified in court during him. However, during cross he said that he saw a grey-blue object the
trial. Hence the declarants were not yet dead/ outside of the Philippines / vibrator.
unable to testify.; (2) The declaration was likewise made during the trial for
the controversy. • Jessie only found out that a vibrator was placed inside Rosario, when
• The other witnesses are not her family members and are not competent to the latter told him, the morning after the incident. The court said that
provide details regarding Rosario’s age. They likewise failed to show any contract to the finding of the trial court, this was not part of res
basis for saying that Rosario was 12 years old. gestae, since the statement was made after they had some sleep.
Jessie likewise testified that the object has been removed yet Rosario
Meanwhile to prove that Rosario is no longer 12 years old at that time the was still in pain. The court noted that
defence presented her Baptismal Certifcate. Moreover, Father Villanueva of
the St. James Parish presented their baptismal book or record. On page 151, • Testimony by the doctors:
No. 3 of the said Registry Book, there appears the name of Rosario Baluyot • The court likewise cannot fathom how Rosario was able to bear
who was baptized on December 25, 1974, and born on December 26, 1973. with the pain for 7 months. They then cited the testimony of Dr.
Solis, witness for the defence (the author of our MedJur book) a
• In Macadangdang vs. CA: Baptismal certificates are conclusive proof of the medico-legal expert. He testified that the body may either repel or
sacrament of baptism but not of the veracity of the other statements therein. react to a foreign object. In the second case, it tends to cover said
However, the court said that they may be treated as entries in the course of foreign object with tissues, which might cause inflammation and
business under Rule 130 Section 43. In the said baptismal certificate, she was infection which would develop within a shorter time (shorter than 7
baptised on December 25, 1974, contrary to the assertion of her family that months). He likewise observed that the other end of the vibrator was
she was born in 1975 and therefore could have not been baptised on the said exposed and this could affect the process. When pressed for what is
date. a shorter time, he said two weeks — for cotton balls, and hair pins,

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 People vs. Ritter
G.R. No. 88582 | March 5, 1991| J. Guttierrez Jr. | Human Relations | SG

but since the vibrator is bigger than said objects then infection may “x x x While the guilt of the accused in a criminal prosecution must be established
set in sooner. beyond reasonable doubt, only a preponderance of evidence is required in a civil
action for damages. (Article 29, Civil Code). The judgment of acquittal
• Dr. Solis, the OB-GYNE who examined Rosario said that when she extinguishes the civil liability of the accused only when it includes a declaration
asked Rosario why there was a foreign object lodged in her vagina, that the facts from which the civil liability might arise did not exist.
the latter said that “GINAMIT AKO NG NEGRO AT SIYA ANG The court likewise pointed out that criminal liability is for the punishment or
NAGLAGAY NITO.” And that sexual encounter with a person of color correction of the offender while the other is for the reparation of damages
allegedly happened three months ago. suffered by the aggrieved party.

• The TC convicted Ritter under RPC 4: He who is the cause of the cause The appellant certainly committed acts contrary to morals, good customs, public
is the cause of the evil caused. order or public policy. Under NCC 21, Any person who wilfully causes loss or
• In Urbano vs. IAC, “The rule is that the death of the victim must be the injury to another in manner that is contrary to morals, good customs or
direct, natural and logical consequence of the wounds inflicted upon public policy shall compensate the latter for the damage.Thus, considering
him by the accused. And since we are dealing with a criminal the circumstances of the case, we are awarding damages to the heirs of Rosario
conviction, the proof that the accused caused the victim’s death must Baluyot in the amount of P30,000.00.
convince a rational mind beyond reasonable doubt.”
• In this case, the prosecution was not able to prove that Ritter And finally, the Court deplores the lack of criminal laws which will adequately
was responsible for leaving the vibrator inside Rosario which protect street children from exploitation by pedophiles, pimps, and, perhaps,
eventually led to her death. their own parents or guardians who profit from the sale of young bodies. The
• Although, a person maybe convicted on circumstantial evidence, provisions on statutory rape and other
the following requisites must be present, and they are absent in
this case. The circumstantial evidence presented by the prose does Disposition: WHEREFORE, the appealed judgment is REVERSED and SET ASIDE.
not point to Ritter to the exclusion of all others. Appellant HEINRICH STEFAN RITTER is ACQUITTED on grounds of reasonable
• (a) There is more than one circumstance; doubt. The appellant is ordered to pay the amount of P30,000.00 by way of moral
• (b) The facts from which the inferences are derived are and exemplary damages to the heirs of Rosario Baluyot. The Commissioner of
proven; and Immigration and Deportation is hereby directed to institute proper deportation
• (c) The combination of all the circumstances is such as to proceedings against the appellant and to immediately expel him thereafter with
produce a conviction beyond reasonable doubt. (Rule prejudice to reentry into the country.
133, Section 4)
Notes:
4. Whether or not damages may be awarded to heirs of Rosario? Yes
Details of what transpired in MGM Hotel: Ritter brought young Jessie Ramirez a.k.a.
Ritter was prosecuted for rape with homicide and not pedophilia, assuming this Egan (boy) and Rosario (girl) to his hotel room and instructed them to take a bath. While
is a crime by itself. Pedophilia is clearly a behavior offensive to public morals and Rosario was taking a bath, Ritter laid down photographs of dressed up children and three
objects which look like inhalers (2 of which were inhalers from Bangkok, and the other
violative of the declared policy of the state to promote and protect the physical,
one was a blue-greyish object later on “found” in Rosario’s vagina.) He then gave Jessie a
moral, spiritual and social well-being of our youth. (Article II, Section 13, 1987 handjob and Jessie was directed/ guided to give one too. (In the words of the court they
Constitution) masturbated each other). When Rosario came from the bath, she was instructed to lay
down on the bed naked, and Ritter started fingering her.
Although he has been acquitted, he is still civilly liable. In Urbano v. IAC,

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 People vs. Ritter
G.R. No. 88582 | March 5, 1991| J. Guttierrez Jr. | Human Relations | SG

At a certain point, Jessie grew sleepy but was Rosario caught his attention by touching him. in exchange of signing a document and stating her grandchild’s age. Meanwhile the local
He then saw that Ritter was trying to insert his penis inside Rosario’s vagina but it would police and the NISRA, Subic Naval Base (since Jessie described the accused as an
not fit. He then went to sleep. American) also conducted its investigation headed by criminal investigator Agent Conrado
Salonga started their investigations.
The morning after the Americal paid Rosario P300 and Jessie P200. Rosario then informed
Jessie that Ritter inserted something in her vagina but they could no longer do anything
about it, since Ritter already left and neither did they report the ammeter to the police. Ritter’s Arrest: Ritter who was arrested in Manila, with the help of Jessie who provided
Days after Jessie was informed by Rosario that the object has not yet been removed and details for the latter’s cartographic sketch, described him to have homosexual tendencies,
that she is in pain. Later on, Rosario told her that the object has been removed, yet Jessie and even give the police a thumbs up signal to signify that the man in the bar is the same
was called by one their friends and Rosario was writhing in pain, while shouting expletives as the man that he (Jessie) met in Olangpo.
on him.

Details of Rosario’s confinement/ death : Rosario was then brought to Olangapo City
General Hospital by a certain Gaspar Alcantara, witness for the defence who saw her
unconscious with a bloodied skirt along Magsasay Drive.

During her stay in the hospital she was assisted by members of a religious/ civic group
Herrera, Israel, Palencia. She was first diagnosed with loose bowel movement and
committing, gastroenteritis, which later on became symptoms of peritonitis,3 but which
came out later as symptoms of peritonitis due to a massive infection in the abdominal
cavity. Subsequently, on May 17, 1987, her doctors found out that a foreign object was
lodged in her vaginal canal and she had vaginal discharged tinged with blood and foul odor
emanates from her body.

An OB-GYNE doctor, Barcinal tried to remove the object with forceps but failed since it
was embedded in her vaginal canal and was covered with tissues. During her operation on
May 19, Dr. Rosete, observed that she was already feverish and incoherent. Her abdomen
was enlarged, tender and distended. When they made an incision, they saw that her
fallopian tubes, peritoneum, and the pelvic cavity were filled with pus. The kidney and the
gallbladder appeared to have septicemia, poisoning of the blood. They were able to
remove the blood/ tissue/ pus covered portion of the vibrator. The doctors deemed the
surgery to be successful, however, Rosario died the following day due to 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.

The object was kept by a nurse who washed it and placed it a transparent jar. The object
was then released to Palencia, who then gave it to a Salonga (witness for prosecution).

How the case gained traction: Palencia was able to locate Rosario’s grandmother Mrs.
Turla, who initially wanted to file a case against Ritter but later on settled. In fact, she
received P15 Thousand of P20 Thousand promised by Ritter and his lawyer Atty. Legaspi

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