Resolution-Rape (Final)

REPUBLIC OF THE PHILIPPINES
Department of Justice
National Prosecution Services
OFFICE OF THE CITY PROSECUTORS
Palace of Justice, Cebu City
ROSE BALIWIT,
Plaintiffs,
NPS NO. ABN-234687-88
FOR: RAPE (Article 266-A, par. 1(a)
-versus- and par 2 of the Revised Penal
Code, amended)
NOEL BACUSMO,
Accused.
x---------------------------------------------x
RESOLUTION
The Respondent, NOEL BACUSMO, was charged of the crime of

RAPE in a complaint filed by herein complainant, ROSE BALIWIT.
In support of her complaint, the herein complainants attached the

following documents:
1. Judicial Complaint Affidavit by Rose Baliwit;

2. Medico-Legal Report of Dr. Monica Chan;
3. Judicial Affidavit of DionisiaBaliwit;
4. Judicial Affidavit of Carlo Dalisay; and
5. Police Record.
As his counter, the respondent attached the following documents
to support his denial of the allegations against him:
1. Counter-Affidavit of Noel Bacusmo;
2. Judicial Affidavit of Juan Baguio;
3. Visitors Logbook records;
4. Judicial Affidavit of Katrina C. Villar;
5. Report of psychological assessment;
6. Judicial Affidavit of Generoso Bagol;
7. Certificate of Live Birth of Noel Bacusmo; and
8. Certificate of recognition of Katrina Villar.
Statement of Facts
Based on the investigation conducted by PO3 Tala N. Matulungin,

the facts of the case are as stated hereunder:
That on or about the 1st day of July, 2019 at around 10 o’clock in

the evening, Rose Baliwit was walking alone in the streets of Baseline
Residences, Cebu City when a person suddenly appeared at the corner
of Mandaue Hotel. She walked towards home and noticed that someone
was following me. Noel Bacusmo then asked her name and attempted to
start a conversation. She immediately hesitated and because of fear she
ran so fast but she stumbled upon a wire at the corner of Ryan’s
Pizzarelli. He then pushed me towards the road and while holding a
knife he told her “syagit kay duslakon tika”. She begged not to pursue
his plans and to let go of her but he heeded her plea. He told her to come
with him inside Mandaue Hotel and if ever she refuses or even make a
scene, he would kill her.
They walked towards the hotel with his hands on her shoulder
and pretended that they were together so as not to give the people any
suspicion. They went up using the elevator and went inside Room 412.
As soon as they got into the room, he pulled her hair with so much force
that she hit the side of the cabinet. With her back on him, he cuffed her
using a wire and sealed her mouth with a masking tape. He got his
weapon and she kicked him but he attacked her, punched her in the
stomach until she lost consciousness. As she gained back consciousness,
she was already tied at both ends of the bed. She cried for help and
moved so that he cannot get on top of her. He again punched her
stomach and got his knife. He inflicted wounds on her legs and
eventually ripped my clothes.
He took off his pants and tried to penetrate his penis into her
vagina but it would not fit. He then got a bottle he took from the hotel’s
refrigerator and inserted it into her vagina. He was not satisfied with it
that he laid down the weapon and inserted his penis this time in her
butt. He continued to pursue her until she lost consciousness. The next
thing she knew was that she woke up in the hotel room alone with a
500-peso bill placed on top of the fridge and a blunt of cigarette. She
was not able to move because of so much pain in her vagina and butt but
she tried to stand with all her might to get out of the room and ask for
help. She was also in extreme pain and realized that something was
stucked in her vaginal canal. She went down using the elevator while in
deep pain and blood all over the floor. As the door opened she screamed
for help and an employee rushed to help her. He screamed for help and
other employees came to their aid. They called for ambulance and
eventually got her into the hospital.
Thus, on the following day, her mother, Dionisio Baliwit went to

Fuente Police Station 2, Cebu City to report the incident. Rose was
subjected to a Medico-Legal Examination at Chong Hua Hospital. The
Final Medico-Legal Examination revealed the following results:
1. Extra genital: Moderate growth of pubic hair in mons pubis.
Swollen vulva with multiple contusions at 3, 5, and 9 o'clock.
Laceration of hymen. Multiple lacerations noted at 3, 5, 7 and 9
o'clock.
2. Extra genital: Perineal lacerations to around external anal

sphincter.
3. Internal genital: Vagina admits 1 finger with pain as examining

finger gets deeper. A 50 ml empty glass bottle was found stuck in
the vagina. Discharge is watery with blood. Existence of
spermatozoa in vagina and seminal fluids around vulva.
A subsequent sworn statement was executed by the offended

party Rose Baliwit on July 8, 2019 in the morning, done in the dialect
and translated in English in the presence of PO3 Tala N. Matulungin and
Police Senior Inspector OIC Gaudencio Tatak.
As for the respondent, in his counter-affidavit, he vehemently

denied all the accusations against him. He alleged among others that
Rose Baliwit was the one who hurt herself. That it was not true that he
inserted a bottle to her vagina and had carnal knowledge with her since
he went out of the hotel and went to the condominium of his friend and
alleged also the she was diagnosed of Sexual Masochism Disorder.
Analyses/ Findings and Recommendations
Article 266-A of the Revised Penal Code, as amended provides:

Art. 266-A: When and How Committed. - Rape is committed:
"1) By a man who shall have carnal knowledge of a woman under

any of the following circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of reason or otherwise
unconscious;
"c) By means of fraudulent machination or grave abuse of
authority; and
"d) When the offended party is under twelve (12) years of age or
is demented, even though none of the circumstances mentioned above
be present.
"2) By any person who, under any of the circumstances mentioned

in paragraph 1 hereof, shall commit an act of sexual assault by inserting
his penis into another person's mouth or anal orifice, or any instrument
or object, into the genital or anal orifice of another person.
The facts before us squarely falls under the crime of RAPE

committed under Paragraphs 1(a) and 2 of the Revised Penal Code of
the Philippines as amended Republic Act No. 8353. By threat and force;
the respondent had taken advantage of his superior strength and
employed means to weaken the defense of the victim by pulling her hair
and with so much force and hit the side of the cabinet and punching him
in the stomach. Thereafter, respondent had carnal knowledge with the
victim. Such facts are proven by the positive identification of her
perpetrator as well as the corroborative identification by the witnesses
Cardo Dalisay and the medical report presented by Dr. Monica Chan.
On the part of the defense of the respondent, it is a settled rule

that alibi is the weakest of all defenses because it is facile to fabricate
and difficult to disprove and is generally rejected. For alibi to prosper, it
is not enough to prove that the defendant was somewhere else when the
crime is committed, that he must likewise demonstrate that it was
impossible for him to have been at the scene of the crime at that time
(PP vs Malejena, 479 SCR 610).
Jurisprudential rules and precepts guide this Court in assessing

the proferred defense. One, alibis and denials are generally disfavored
by the courts for being weak. Two, they cannot prevail over the positive
identification of the accused as the perpetrators of the crime. Three, for
alibi to prosper, the accused must prove not only that they were
somewhere else when the crime was committed, but also that it was
physically impossible for them to be at the scene of the crime at the of
its commission. Forth, alibi assumes significance or strength only when
it is amply corroborated by credible and disinterested witnesses. Fifth,
alibi is an issue of fact that hinges on the credibility of witnesses, and
the assessment made by the trial court – unless patently and clearly
inconsistent – must be accepted. (PP vs Estoya, G. R. No. 153538, May
19, 2004).
Likewise, it was stated in PP v Estoya that alibi and denial cannot

prevail over the positive identification of the accused as the perpetrator
of the crime. Notably, these defenses crumble in light of positive
identification by truthful witnesses.
A denial is negative evidence. To be believed, it must be
buttressed by strong evidence of non-culpability; otherwise, the denial
is purely self-serving and has no evidentiary value. (Perez vs
Philippines, G.R. No. 187246, July 20, 2011).
NOEL BACUSMO failed to persuade the Investigating Prosecutor

that the incident was between two consenting adults. He failed to
support his defense of denial with strong evidence of non-culpability.
His defense failed to overcome the positive testimony of the
complainant.
Hence, the defense of denial by NOEL must fail.

WHEREFORE, IN VIEW OF THE FOREGOING, it is most
respectfully recommended that an INFORMATION for the crime be filed
against respondent NOEL BACUSMO.
City of Cebu, July 16, 2019.
ATTY. CAREYSSA MAE I. IPIL

Prosecutor II
APPROVED BY:
ATTY. HADJIE LIM

City Prosecutor
Copy furnished:
Noel Bacusmo
287-I Pelaez St., Cebu City

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REPUBLIC OF THE PHILIPPINES

The Respondent, NOEL BACUSMO, was charged of the crime of

In support of her complaint, the herein complainants attached the

1. Judicial Complaint Affidavit by Rose Baliwit;

Based on the investigation conducted by PO3 Tala N. Matulungin,

That on or about the 1st day of July, 2019 at around 10 o’clock in

Thus, on the following day, her mother, Dionisio Baliwit went to

2. Extra genital: Perineal lacerations to around external anal

3. Internal genital: Vagina admits 1 finger with pain as examining

A subsequent sworn statement was executed by the offended

As for the respondent, in his counter-affidavit, he vehemently

Analyses/ Findings and Recommendations

Article 266-A of the Revised Penal Code, as amended provides:

"1) By a man who shall have carnal knowledge of a woman under

"2) By any person who, under any of the circumstances mentioned

The facts before us squarely falls under the crime of RAPE

On the part of the defense of the respondent, it is a settled rule

Jurisprudential rules and precepts guide this Court in assessing

Likewise, it was stated in PP v Estoya that alibi and denial cannot

NOEL BACUSMO failed to persuade the Investigating Prosecutor

Hence, the defense of denial by NOEL must fail.

City of Cebu, July 16, 2019.

ATTY. CAREYSSA MAE I. IPIL

ATTY. HADJIE LIM

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