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G.R. No. 225642-43 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee JUVY D. AMARELA AND JUNARD G. RACHO, Accused-Appellant Decision Martires, J.

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This case involves an appeal from a decision affirming the conviction of Juvy D. Amarela and Junard G. Racho for two separate counts of rape. The court summarizes the facts of the case as follows: On February 10, 2009, AAA was sexually assaulted by Amarela near a basketball court where an event was being held. The next day, February 11, Racho sexually assaulted AAA while transporting her home. Both Amarela and Racho were convicted at trial and their appeals were consolidated and affirmed on appeal.

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G.R. No. 225642-43 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee JUVY D. AMARELA AND JUNARD G. RACHO, Accused-Appellant Decision Martires, J.

Uploaded by

fantasigh
80 views2 pages
This case involves an appeal from a decision affirming the conviction of Juvy D. Amarela and Junard G. Racho for two separate counts of rape. The court summarizes the facts of the case as follows: On February 10, 2009, AAA was sexually assaulted by Amarela near a basketball court where an event was being held. The next day, February 11, Racho sexually assaulted AAA while transporting her home. Both Amarela and Racho were convicted at trial and their appeals were consolidated and affirmed on appeal.

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This case involves an appeal from a decision affirming the conviction of Juvy D. Amarela and Junard G. Racho for two separate counts of rape. The court summarizes the facts of the case as follows: On February 10, 2009, AAA was sexually assaulted by Amarela near a basketball court where an event was being held. The next day, February 11, Racho sexually assaulted AAA while transporting her home. Both Amarela and Racho were convicted at trial and their appeals were consolidated and affirmed on appeal.

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80 views2 pages

G.R. No. 225642-43 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee JUVY D. AMARELA AND JUNARD G. RACHO, Accused-Appellant Decision Martires, J.

Uploaded by

fantasigh
This case involves an appeal from a decision affirming the conviction of Juvy D. Amarela and Junard G. Racho for two separate counts of rape. The court summarizes the facts of the case as follows: On February 10, 2009, AAA was sexually assaulted by Amarela near a basketball court where an event was being held. The next day, February 11, Racho sexually assaulted AAA while transporting her home. Both Amarela and Racho were convicted at trial and their appeals were consolidated and affirmed on appeal.

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G.R. No.

225642-43

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee


vs.
JUVY D. AMARELA AND JUNARD G. RACHO, Accused-Appellant

DECISION

MARTIRES, J.:

This is an appeal from the 17 February 2016 Decision 1 of the Court of Appeals (CA) in CA-G.R. CR
HC Nos. 01226-MIN and 01227-MIN affirming in toto the 26 June 2012 Joint Judgment2 of the
Regional Trial Court, Branch 11 of Davao City (RTC). The RTC found Juvy D.
Amarela (Amarela) and Junard G. Racho (Racho) guilty beyond reasonable doubt of two (2) different
charges of rape.

THE FACTS

The two (2) Informations in this case read:

Criminal Case No. 64,964-09

That on or about February 10, 2009, in the City of Davao, Philippines, and within the jurisdiction of
this Honorable Court, the above-named accused, through force, did then and there willfully,
unlawfully and feloniously have carnal knowledge of [AAA], against her will, immediately after boxing
her legs.3

Criminal Case No. 64,965-09

That on or about February 11, 2009, in the City of Davao, Philippines, and within the jurisdiction of
this Honorable Court, the above-named accused, through force, did then and there willfully,
unlawfully and feloniously have carnal knowledge of [AAA], against her will, immediately after
grappling her.4

These two (2) cases were jointly tried before the RTC, and Amarela and Racho's appeals, although
separate, were consolidated in the CA on 13 November 2015.5

The RTC summarized the factual milieu of this case:

Prosecution presented [AAA], single, housekeeper and a resident of [XXX], Calinan, Davao City. On
February 10, 2009, at around 6:00 o'clock in the evening, she was watching a beauty contest with
her aunt at Maligatong, Baguio District, Calinan, Davao City. The contest was being held at a
basketball court where a make-shift stage was put up. The only lights available were those coming
from the vehicles around.

She had the urge to urinate so she went to the comfort room beside the building of the Maligatong
Cooperative near the basketball court. Between the cooperative building and the basketball court
were several trees. She was not able to reach the comfort room because [ Amarela] was already
waiting for her along the way. Amarela suddenly pulled her towards the day care center. She was
shocked and was no match to the strength of Amarela who pulled her under the stage of the day
care center. He punched her in the abdomen which rendered her weak. Then Amarela undressed
her. She tried to resist him but he was stronger. He boxed her upper thigh and she felt numb. He
placed himself on top of her and inserted his penis inside her vagina and made a push and pull
movement. She shouted for help and then three (3) men came to her rescue [so] Amarela fled.

The three (3) persons brought her to a hut. But they closed the hut and had bad intentions with her.
So she fled and hid in a neighboring house. When she saw that the persons were no longer around,
she proceeded on her way home. She went to the house of Godo Dumandan who brought her first
to the Racho residence because Dumandan thought her aunt was not at home. Dumandan stayed
behind So Neneng Racho asked her son [Racho] to bring her to her aunt's house instead.

xxxx

[AAA] then said that [Racho] brought her to a shanty along the way against her will. She was told to
lie down. When she refused, [Racho] boxed her abdomen and she felt sick. She resisted by kicking
him but he succeeded in undressing her. He, then, undressed himself and placed himself on top of
[AAA]. [Racho] then inserted his penis into [AAA]'s vagina. After consummating the act, [Racho] left
her. So [AAA] went home alone.

When she reached home, her parents were already asleep. She went inside her room and cried.
The following morning, she decided to leave home. Her mother was surprised at her decision until
eventually, [AAA] told her mother about what happened to her. She told her [eldest] brother first who
got very angry.

They reported the matter to the police and eventually [ Amarela] and [Racho] were arrested.6

For the defense, Amarela testified for himself denying that he had anything to do with what
happened with AAA:

Defense presented [Amarela] who confirmed the fact that on February 10, 2009, he attended the
fiesta celebrations in Maligatong, Baguio District, Calinan, Davao City. He said he met private
complainant, [AAA], at the cooperative building at around 4:00 o'clock in the afternoon. [AAA] asked
him if he knew a person by the name of Eric Dumandan who was allegedly her boyfriend. After a
while, Eric Dumandan passed by and so he told him that [AAA] was looking for him. Then he left.

Amarela said he had a drinking spree with his friend Asther Sanchez. While drinking, he felt dizzy
and fell down from the bench. So Sanchez brought him to the house of his elder brother Joey in
Tawan-tawan. He did not know what happened next because he slept and woke up at six o'clock in
the morning.7

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