People v. Ritter PDF
People v. Ritter PDF
People v. Ritter PDF
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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.
691
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„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)
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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 ÂAmerican, paid Ramirez alias ÂEganÊ 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,
695
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 ÂYesÊ. 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 auntÊs 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 RosarioÊs 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
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696
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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.
RosarioÊs 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 RosarioÊs 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
697
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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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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 suspectÊs 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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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 fatherÊs
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
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701
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II
III
702
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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 victimÊs 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 RosarioÊs birth date because her brother died
in Pampanga and her daughter, Anita (RosarioÊs 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 RosarioÊs alleged
guardian, Gaspar Alcantara to the hospitalÊs 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
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703
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704
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 childÊs 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 grandmotherÊs testimony, the date of
the brotherÊs death or funeral was never established, which
indicates that the day was rather insignificant to be
remembered. The fatherÊs declaration is likewise not
entirely reliable. His testimony in court does not at all
show that he had direct knowledge of his daughterÊs 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 victimÊs age, nor was there any basis shown to
establish their competence for the purpose. The clinical
records were based on Gaspar AlcantaraÊs incompetent
information given when he brought the victim to the
hospital. Alcantara came to know her only about a year
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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:
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„Result of Examination
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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. SolisÊ 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)
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„He who is the cause of the cause is the cause of the evil caused.‰
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„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 victimÊs death must convince a
rational mind beyond reasonable doubt.‰ (Italics supplied)
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baptized.
2. Since the proof of RosarioÊs 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 RitterÊs 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. RamirezÊ
testimony is not only hearsay, it is also
contradictory.
4. It was improbable, according to expert medical
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„ ÂThe 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
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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: ÂThere 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.Ê It is just and proper that, for the
purposes of the imprisonment of or fine
722
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.Ê ‰
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