4 ‘FUNDAMENTALS OF Lent, WAITING Master a few refurbished techniques céllected inthis book and you are om your way to-preparing adequate, cleat, vand convincing pleadings, legal opinions, memoranda, and ‘other position papers. OF course, the greatest secret of suc: fess in writing well is in constantly striving to use what you Jara, They will nor-work waless you put them into practice. e 2 The Legal Dispute ‘A Teg dispute les atthe heast of every ease. In fc, gost of your writing assignments asa lawyer would probably be devoted to arguing and resolving Sach a dispute. Meaning of legal dispute For the purpose of this bool, there is a legal dispute sihen one party complains of 2 violation of his right by gnother who, on the other hand, denies such a violation, ‘A legal dispute in this sense is akin to a cause of action in @ civil suit in which the defendant denies the claim ageinst him. eis this denial that tenders legal dispute. ‘When i persoa renting an apartment allegedly could sot pay the agreed monthly rents yee refoses to leave his unit 2 egal dispute arses. "This consists of (@) the apartment ‘owner's claim that the tenant fails to pay the agreed ‘monthly rents yet refuses o leave his unit and (b) the Jenant’s denial ofthe claim. You have in this ease a zight Guotected by law, an alleged violation of such sight, and.a it z Jegal dispute. —__ =<. The tight-claimed to have been violated must, of course, oe a legal ight since courts will uphold and vindicae only6 Fupisanats oF Lear Warn those rights shat are established or recognized by law. For instance, a Filipino may claim that he deserves 10 be allowed to teavel to the United States, But, if the U.S..embassy denies hhim the visa requited for entry into that county, be cannot file a awit 20 compe! its issuance since Philippine laws do ‘not grant him that sight. “Likewise, the dispute over the demand that Filipino rather chan English be made the medium of instruction in all levels of education is not a legal dispute since it does not involve an actual violation of some sight. The controversy, although of public inerest, will not t0 be resolved by litiga- sion but by legislative setion. ‘What is the legal dispute when person allegedly zefuses to pay his deb? The legal dispute lies in (a) the creditor's claim that the debtor unjustly zefuses to pay his debt ‘under a promissory note that he issued in favor of the creditor and (b) the debtor's denial of such a claim. Agzin, you have hese axight protected by law, an alleged vidlasion of the sgh, and a denial ofthe allegation na esiminl case, she legal dispute consists inthe Sate’s claim thatthe accused has violated ss sight to compel obedi- fence 10 its Inws and isthe lane's denial of the claim at his aerignment. So what does the Teal dipare consists of when 4 person defrauds anodes ‘by selling a fake Rolex watch t0 him for the pce of a getline ong? This consiss of (@) the State's.charge that the accused def:auded the complain- anit by selling a fie Rolex watch to him for the price of 2 genuine one; and (6) the accused’s denial of the charge ‘Toe Loca Deore Its significance in legal writing ‘Why is it important in Jegal writing that you are able to know and identify the legal dispuce involved ins case? Since a legal dispute Bnvolves « violation of sgt pro- ~—Sxecred by law or which violaon the Inv punishes, noching lege Shar the resolotion of such depuse could propety end it cisely, we eny that a legal daptie is a the heart of every case sobject of legal waidag because itis lke a tamer that ‘vould ot go away unt itis excised, Consequently, if you fail to comely identify the legal dispute and address it, you ‘would just be sunning around in czcles,contbuting nothing yo iss fal termination. Tat is how important cis! Legal dispute and the principal issue ‘Asa sue, the legal dispute, recast in the format of an issue, provides the principal issug in every ease, Take the cater case of the tenant who could aot pay the agreed monthly ents yet refuses to leave his apartment unit, We sid thatthe legal dispare consists in (@) the apariment owner's Glam ths te tenant fails to pay the agreed monthly rents yet tefuses to leave hig unit and (b) the tenant's denial of the ~-daim. Putin the format of an issu, the principal issue is “whether of not the tenant fails to-pay the monthly renes SS yctrefnses to leave his unit” = Take also the case of she person who refuses 10 pay his = -debr. We said chat the lege! dispute lies in (@—) che exeditor’s | preore AL Gemme arms Facrs or me Cass Julla became angry and theentened t com- plain to her parents that I aped her ‘Whar was your section so wht she said? 1 sil refased to marry her sight away. ‘So what did she do? . ‘She accused me of raping her What relation if any did you have with Julia abou the dime of the leged rape? Julia and I had been sweothearss for over two. ‘months before June 12 How did you come to meet each other at that ‘wedding in Celiss house? (On thet evening we mer by prior agreement at Cela’s house sight in our bari. What happened when you met each other at thas wedding party? ‘Things stared out well snd T had some fun meeting my fiends. But, because of their jokes that I had some other gil Julia beeame sngry and refused to tall to me. What did you do then? Taft to brood ouside. How long did you sa ouside? ‘Not too Jong. I semamned to the party an hour Jeter after a friend called me inside. What did you do when the wedding party, cencied? When. the pary ended, I walked alongside ‘Jale and wied 10 explain che jokes played by _ my fiends,Pa Fonowanrats oF Lica: Wass - Gemec arma Pheormie Cis Q. -Moudid she ceact.z0 your explanation? Why do you remember that evening? A. Ske did ane want to believe me at Gest, After A, Iwas told that a rape was committed on my while, T convinced her to sit with me-on a ‘xm that evening and itso happened that mr poze ¢Flog sca he house of Mar, woryenrld Gages was he soning +f @ What happened after you sat om tht log? : = : A.~ ~The event wis Soman ad ere Q._witpossble you went to bed en chat eve reconciled, sing? = "i at ‘A. Tmember that slept itebecame Thad 10 , Mibapharpeosd steer goerseconcled ‘watch our sick daughter while my wife took A. Werkned and eoaced and, forgeing ox eran to et a QWasthe farm vise that nigh? - iecipon ie ees ton bade ive >] A. The night was aot so dark beesuse the moon A. Tyalled vith ber up w about owen meters one bg th of her house. 7 strane bxeghsly i she ab : What ime did you go torbe bed afer watch- DEFENSE COUNSEL: Thais Su alerted A. Trookmy ten o sep fe midaight “Transcript of senogaphic noes j QDusiag the tie you wee liking afer your October” : daoghteg do you tamenber heaing the Ou * (Aig aid edna sani pots conan amo te or COURT STATE (After seeaiain the wimess Sate A. No-Theatd no outey fom ose ay howe ‘your name and pessonal eixcumstances WETNESS: I am Manio Peer, foro-ive yeas old DEFENSE COUNSEL: Thatis all x ‘Obviously, the above testimonies contain niuch, chat is of connected to the rape issue, They are filled with decals fat usually accompany raw story telling. When making a marie, famer, and a resident of Barrio Te. Jagn, Lian Bacengas. DEFENSE COUNSEL With the Court's permis. ou were on the eveniny of Jane 125 Ac Toniembersat Ieaé home thar evening of June 12,30 Fuxpasmnmas oF Lecat Warmne Relevant facts extracted Gas you sezt out the testimonies above and make « short summary ofthe facts that really matter tthe case? This is not difficult, as you have eatlier seen. Just remember the lesson you learned, Firs, ry to idemufy the legal dispute involved in the above case. Obviously, the legal dispute consists in (a) the governmen’s chatge that Ronald raped Julia and (B) the latter's denial of the charge. Secod, xewrite the legal dispute in the format of an issue to produce your principal issue then pat dows this issue in bold print, and place it right before you as you do your summarizing. Using this issue as guide, you can then peel away from the narrations all the facts that ase not connected to such issue, It will hold you to your aim. -After zewriting your principal issue, it should read: HER OR NOT'R’ RAP] See how these lessons are applied to the testimony of Julia; reprodiictd baOw The facts selevant to the issue and essential ro the outline have been put in bold. The explans- ‘tons for doing away with che non-essential facts have been bracketed and fal} ‘Teansept of sEnogaphic notes October 8 (Abridged and edited For suid) COURT STAFF: (After swearing io the witness) State your name and personal circamstances. [Nite Obsionsy au do mot need to pun ya ‘ine tis stuf abot the ot and the regu made 0 Germc Ar sue Facts oF mie Case ‘he witness to sae ber peronal smstanes, They 1b wo yield 0 fat teas} + WITNESS: Iam Julia Torres, eighteen years oldy single, and a resident of Barrio Talsan, Lian, Batangas. [Nole: The rape cent sel 6 mae oe pene, bow is 0 a nce, happend, whee bepened and posby why it Iappened. There desotions of Jka Tore tec fin, ae scot o apres Bor buvenity end bat the lgal gate ito ie proper cnt. Cre (quent yon need then your tne PROSECUTOR: With the Cour’s permission. Do you know Ronald Galang, the accised in this exse? Yes, siz. [Note Whar tbe nites 295 “e502 net, the fact ems in th guason whch she afi with er Ser” ansoer ar imply acre ase into the ana thte fats arrears, thy owl go int year eine.) He is thece (pong wo the accased). f ‘Why do you know him? He raped me. (Not: Sareh rela} Where did this happen? Jt happened on the sice field near Mario's house. (Nox: Thi aver fi gustion “wken?”) How did Ronald rape you? 4 seruggled to get free but he pointed @ Ienfe at my side and threatened to stab me if T called for help or persisted in fighting Dace Note Shows bow was commie’) atQ@ A A Ponpaprals oF Lagat Waurinc Sowhat dil you do? Out of feas, I gave in [Not I hy rent to ‘he ne? Of srs, for i ss why te rape = seeded) adhe zap me [Nowe The cto m= bat of «prasad _ Wihst di you do after Ronald raped you? T kept the matter co myself for a while. [Note I sis mbna? Ver Ordinate sei of gree song woul comple about 100 me Jaa’ sls ould aft te rity of er ain} Why? Because I was afisid of the trouble that ‘will happon if my parents and brothers Found out. [Note Since hs i Jake's psfeton Jor insring dl i ripring th ie, hd ‘olan: like the preing answer Tes loved me So much (Note Thar ber ars and tir ln der 20 mach would have no Dering nthe ise of it 7 it ald rad er For how long did you keep the matter 'o soursel? After two days of wonying and feeling ‘bad, 1 inal told my augt shout it and she in torn-told my parents. [Not Hl rae for hanging bet and ond ena porting be maser Sond ab onsen rear cag her a= ‘ip Whar is He ican of your parents? ‘They wees quite farus and wanted to the aoe eee vheads prevailed [Note The ration & ied ta Gurmse or ma Facts oF 7H Cast ‘or parent and brothers: lesan ote rape i se) Q — Sowhat did you de after that? A. Twent to the police to complain, [Net I ‘his leant? Yew Camping to the plc bout the omnis ofa crime lend eedece othe thio shat ittook lac} Is that all that you did? 1 also submitted myself to medical exami- nation. [Note Sane mason asthe abet] When id Ronald rape you? Hie saped me on June 12 at? pam. Nowe ‘States the time) How did you meet Ronald on June 12? A. Twent to the house of Celia in our barsio to attend a wedding party and I saw him i hue. [Notes Tas fact ir ecacia! tat andestand- ing ofthe ence of th lleged ce Do you have any relationship with Ronald? None, He was only my suitor. (Nott: Same ig that tis ie relent since is ps for Ronald 0 nape Jui whateser be tr rleioship. Otters ‘bind, neue, that tsi important sine 3 shows ‘at Renal wai attract Ja] Whar were your feelings dining the party? was in high spist because I met s lot of ‘ends and had a good time, (Note: Bown if me, it does wot lp yom brow wheter or not Rowal napid Juha) ro34 Fospauvrais oF LecaL Warne Q © Do you reall any unui! thing that hap- pened a that wedding psy? A, —Someone-axploded.fvecracéee nearby and this caused a ace for « wile. [Note Same ar + prong obsmatin You sai shat yo saw your ator, Renal st che pany. Did you have oceasion 2 talk 2 acho? ° A. He wanted to salle to me but I jgnosed him because I disiked him fora suitor. Infact, {stayed away from him. [ot Th ron bec uate omer Bal ire, nd rei ai tha she on hi xe ber eos om the mudi ary oat Bi) Q —Wharhappened after yo ignored him? ‘A. ~The matted couple dinced after supper and people joined in. [Not Tifa ae boi 0 tthe rau Q. —Whariid yon. afer he dancing? A. Asti pam, Ttook leave to go and stared to walle home alone in the moonlight. [Not Thi ratte th oe ce the cr entre ide racing he aid re Q _Did any thiog unusual happen during yobr A. When’ T was about fifty meters from Matio’s house, Ronald came from behind sme and requested that he walk-me home. Q Whar was your seaction 10 bin? (Now Same ebveration a: preccing ancy) A Germo Ar mi Facrs oF mu Cast 1 really did not Tice him. (Note: Thi ream dass, riptton of proius stmt) T de- clined and doubled my steps. [Not This lise he lag forte Fae i) So what happened after you walked faster? Ronald caught my arm and wrested me «0 the ground? (Note Use offre ir an element of the rape} 2 What kind was che ground over there? Te was rough ground and dy. (Not: This cold be rekna itsmeb shed ght ont ae of wther oat there tak: lee] ‘What did Ronald do while your were down om the ground? He covered my mouth with a hand s0 7 could not shout. He pointed a knife at me and forced me to yield to him. [Nate This to db relent since rads to sew that mad taped Juba] [Did it not bother yoo hat you left the wed- ding pazy alone by yoursel? ‘No, si. Walking alone did not bother me because I Tmnew everyone in the barzio, [Notes Tie rent to oneehth ai tha, bing 4 woman, i as quite wubb ir be to Oe wing some ore] ‘What route id you tke going home? JT took a shore cut across Mario's farm, in ‘the direction of our house. (Note: This fac ir sade to Bink the other alent facts gee) Can you descsbe the path that yon took? 35Fuxpagaerais oF Legal Wars AL che path mas_squite uorven, and difficult. [Nats This i probably ieeant sine i ether belps roe the tse of wheter arnt he vabe sok lace or dag it lst fl tga QQ How was i? Ae —Tewas-used to-it-and T-managed very wel. [Note Same ebseration ax aire) PROSECUTOR: Thatis all One thing wondesful about analyzing the facts to sort out the relevant from the irrelevant is that such a process ‘makes you see the component parts of the problem and their relationships. And this usually reyeals to you some of the screngths and weaknesses of the testimonies and. the docu- ments, the keys to developing the arguments that you would ‘eventually use when you start writing your paper. For exam- ple, in analyzing whether Julie's claim that she walked home alone is selevant,or not, one insight you got is chat what she id was rather aumsual for 2 woman in the bazsio to do. This could put a cloud on her credibility. Follow the same proceduze in sorting out the testimonies of the medical examines, Ronald Galang, and Mario Perez esa Facts set in sequence Equally important #8 getting 3d of irrelevant matters is patting the events in the order of their occurrence, When the sequence of the evens is in disazray, with subsequent events told ahead of preceding ones or vith frequent flashbacks (0 the past as ie Sot und, you atélkely to get confused: . a Germss Ar me Facts oF THE Cast = Non sil he Joking at.tems of facts shat are out of context or detached fom their surrounding ciscumstances. ‘Take the testimony of Julia after the irelevant facts have ‘een’ thrown out. Ie is far from being narrated in onder Of ‘ame, Thus — Jala Tones i eighteen yeats old singe, and resident of Bano Tiaza, Lian, Baragas —She knows Ronald Galang, the accused He raped her on the rice field near Matio's house, Jade sinony deine witb he eumsemmatin of the raps) She srugjed to gee fea bu he poino a life ache side and threatened to sab her if she called for heb or persisted in fighting back. [Sb ther hackraks @ ‘Bonar he gl tht pred te sot] Ont of fas, she gave in, [He Jui ren te onnmmaton ofthe ripe. In the mest ing se es aan) After the ape, she kept the mates to herself be- cause she was aizid of che trouble that will hppen if der parents and beoshers found out After two deve of wonrying end feding bad, 8 Sally old her aunt about ie and the leer in urn old weg he ponents <_—She west to ahe police co complain She submited herself to medical examination He saped het on June 12 at 7 pam. [Jur story ask the manent of he rape] ‘= ‘=-herwentwrthehonte of Genin ur bao to aeod s wedding par and she saw hi there (oth dn that ail bow br yb) Ronald was only her tog He wanted to wl to her but she ignore him ‘because she disliked him for a suitor. Tn fact, she’ stayed say from hi, At 11 pan che took leave w go and stared 10 valk home alone in he moonlight. When she wes sbout By meters from Mati's howe, Roald came behind ber and requested dat he ‘walk, her home. She declined end doubled her steps Ronald caught her am and wrested het o0 sough and iy ground te cover her mouth with «hand so she cond tot shout, He pointed «kane at her and forced her to ld im Walking slone didnot bother her ecwute she know eveyone ithe bas. —She sole shor cut across Mao's fm, nthe diction of ex bosses at br 2 ait mide pr, Int jin Ramallah br jy Bm ara: er) Germnc at au Faces oF THe Case ‘of her story, he: submission to medical examination. 39 sents in the onder of their occurrence until you seach the end * Age you done? When you ate done sorting out the facts ‘in Julir’s testimony, pring them’ in order, and drawing up ‘your short summary, it might look like the-one below. ‘Fhe ron-esénsials have been removed to reveal the essentials Further, the osder of the events has been straightened out t0 shove che coseect sequence. The nirration has been zeweitten to make the outline 2 third person narrative Jolis Totes, eighteen years of age, single, said that she weat to the house of Celin at Batio Talaan, Lian, Baangas, on Jane 12 at 7 pm. wo attend 2 wedding parry. She saw her suitor, Ronald Galang, but ignored him since she diiked hime ‘Ar il pam, Jlis took leave to go home alone, This did not bother her because she knew everyone in the bao, She took « short cut gesoss Mario Perea’s farm. About fy metess from the lane's house, Ronald came behind her and asked that he walk her home. She de- ined bur Ronald caught her arm and ‘wrestled her on i the rough ground, coveting her mouth so she could not shout Julis steuggled to get fee bur Ronald pointed uf at her sie and threatened to stab her. Out of fea, she gave in and he ravished hex, Fin writing your paper on the ease, you choose to stick by the orderip which Julia els her sary, vou could confuse ‘your reader. Yet, itis nor difficult to Somt out the facts and par them in the order of their occuszeace. Just spot the ‘poi ‘wherd Juli story logically begin’, here, her encounter with | Ronald at the wedding pany, thea, arrange after it the other ‘After the rape, Julis kept che matter to herself for if hex parents and brothers found out. — ‘But, she finally told her aunt. They went to the police and she submitted to medical examination.0 Funpanmevnits oF Laat Warns (Germne At rie PACTS OF a Cast 4 Whar henefis da yassdesixe fiom acranging-the facts in +—-panper sequence enable you.zo eseate-2.compact index to the _ ‘prOper order or sequence? ‘The benefits are as follows: ‘facts of the case, including the testimonies and the documents you work on. Lawyers usually handle a hundred eases, at 1. The facts are easier‘to understand when put in the | Gime, With your compact summsey, you do not have 10 = amtomatic doset. Bat at imes, [lef it unlocked from the inside beeause my children often went in and out. 1 Ibid dog in my house, Prances, but my gate cared a vwuten waming about the preseace of that dog. Uail ‘at afternoon of September 12, Prancer had aot at = ecied any one. i6 Funpanmriss oF Leon! Warne — Limmediatelp suepned out into the street. as soon as ean and sent Prancer inside. Iwas ceally suepeised that you had allowed yous daughter to leave the house with- ‘out an escort. I myself took care that my young children &d not go out alone . At any.site, L-called 2 tricycle and brought Mary to, ‘madical clinic neaeby for neatment of her wounds and for an injection. Later, her mother followed us to the clinic and she comforted her daughter. I paid the medi- cal bi, Tam sony but I do not believe that I should be l- able wo your daughter for damages. ‘Very tai yours, “Arthur Sion Before you give Mr. Banag your legal opinion on his ‘case, you need to do pre-work. Sort out the relevant facts fom the imélevant and put the relevant face! in order. As in the rape case, try provisionally to identify the legal dispute and get 2 sense of the principal isue chat divides your ‘client, Peter, and his neighbor, Aniaur Have 9 clear understanding Of that issue and use it to guide you in extracting the useful fags of the case, Then make a short summary of the, facts 20m your dlicat’s point of view as well as from that oF Ar- thus. Put your work on paper. + Knowing the Applicable Law or Rule -Afer-working-on the testimonies and documents in your case, you would have produced en outline ofthe facts that are sclevant to the legal dispute thar-it presents. Now” you are ready to make e search for those specific laws or rules that, applied to the facts, will either help or burden you in prose- cating or defending your side of the dispute Sources of law or rule “There are two general sources oflaws and rules Statute law: This consists of laws and rules enacred by uly consticured rule-making authorities like Congress (Re- public Acts and Batar Pambansa), the President (Presidential Deczees and Executive Orders), the Supreme Coust (Rules of Cou}, local government councils (ety br municipal o:di- ‘nances), and administrative regulatory agencies (implementing sales and regulations) Case law: This consists of decsionSof courts and per- sons or agenciés performing jadical functions. These deci- sterpret and apply srarute law to specific siaations, Tae s in these eases become legsl precedents that, when “vatibly affirmed and used, become part of the law itself a48 Funpamerruls oF Lecai Warne But just-how-do-you locate the sight law and legal-prece- dents? Two steps are suggested: First, Identify the general nature of the legal dispute in- volved. In the case between Julia and Ronald, the legal ds. © government’ allegation that Ronald had sex with Jul, employing force and insmidation in violation of law, aad ia Ronald's denial of the charge, The case, there- fore, concemns a crime that involves chastity. This should lead you to the statute law on rape, namely, Article 266-A of the pute consists in the Revised Penal Code. Iezeade Act 2668. Rape; mle and bw commited Rape freon’ 1) By aman who shall ave carnal knowledge of woman uncer any of the following croumstences: 2) Through fore or inimidaton, Secna, Having become few te fc $f 06 “case, search for legal precedents that have more ot less paral- lel fects, Nothing is new ia this word. You will discover that there is hardly any’ new case that would have no parallel in a previous case shat a court or quasijudicial bodr has once decided. Find she mings in those parallel case, whether fox oz against yout side of the disuse, and you will have more confidence is chardng Be Cousse of your argamenss. Us itis the diligent thar sacceeds in tunneling the whole depth of cease law to exttact the gold nuggess he needs to prevail in hi assigned case, Seize that advantage. ® = In mape-cases, both the prosecution and the accused will find Philippine jaispradence sich in judicial precedents that ‘will help their case. Consider the following : Eorthe Prosecution Tn the ceview of rape cass, jurispradence hs lid down the following guiding principles 6) an accusation dn rape can be made with facility snd while che accu tion is difficult to prove, iis even moze difficult for pecton accused, though innocent, ro disprove the Charge; b) considering that, a che ature of chings, only two persons are usually involved in the exime of rape, the extimony of the complainant should be seruinized ‘with great caution; an «) the evidence fr the proseeo- tion mise sand or fll on its own medit and cannot alowed zo deaw strength ftom the weakness of the ev ence for the defense. Papier. Suz. Ana, 291 SCRA 188) ‘The fallace ofthe vic’ to immediately report the rape is not necessaly an indication of « fabricated charge. Pape». Csil 241 SCRA 285; Pape 1» Monta 7,243 SCRA 617) ‘The absence of physical injury does nor negate the commission of rape Puke Gepaien, 203 SCRAS3) ‘Ie would be impeobebie fora bacio gil af tender sge and definitely inexperienced i sexual matters 9 fab- pose a Change for ao reason at all that wil pot herself si ber family in a very uncompromising cuaton, ‘which could even invite sepsis. (Pape n Vit, 248 SCRA 382) mi * Fallare to shout or offer tenacious resistance does Eat ake voluntary the rape victim's submission to theFuxpanesrats oF Lect Warne criminal act of the accused. (Pegpl x Marahils, 303 SCRA 352) ‘Threstening-the—victim—with-2. knife, a deadly ‘weapon, is sufficidnt to cov’ the victim snd it constites an element of rape, (Puple». Alps, 305 SCRA 367,) Forthe Defense Alhowgh te “rwestbeat theory” hat sot pined favor with the courts, such is not always the case if the Td frie ta he aceoed and the soppored vim trinity ented except a ual a ‘Boat tester he ladon ecto he ves pucoa a agunsie @uplen Ga, 250SCRA 676) Tn me eases, the cm ofthe complainant of av ing bere Gresened ppen o be common expedient oF aeesavng mibestage (up u Gal, 50 SCRA 66) Cour wel ke jd atc ofthe fc shat in she sun ey, yourg des ae st segue 10 act Sh dreumepeotonSod-prodence and gent exon i Shscved aor cht seputtion wil remain ince Papen Gaby, 0SCRA GS) Tn ape eas the srinony ofthe offended pay amas none cep wh eal. ple Gad, 250 Seta 616) ‘As 10 be reasonably expected, a 73vished woman ‘would instinctively call for help or at lease flee her lech ‘ous captor so safer gronnd when opportunity present itselé. People Satan 249 SCRA 554.) ‘gis szange that even as-complainant asserts sexual abuse through Wiolence and intimidation, she did not of- Kwowno TH AMLOMLE Law on Rois * St fer any resistance when assaulted, en unlikely impulse for a woman conlionted with such ap affront 10 her hhonos, and itis odd that her supposed rape appears to += be puncaliouly made, (Ppl Sina, 249 SCRA. 554) “Apirt fiom above aourees of laws and rules, you have ries thar derive from the wistlom of common expetieace, These are especially useful in resolving factual issues. Our jurisprudence is sich in these. For example: Ezzodess recollection of « harrowing incident can- ‘not be expected of a witness, especialy when she is re- counting detile of an experience so humiliating and so pplafal as cape, (Pups: Calgyc, 301 SCRA 192) ear ha is bizare way of rendening people immo- bile even in ife-and-death siuations, (Pap x Reain, 301 SCRA 495) [Even the most trustfal witnesses can sometimes rake mistakes but such innocent lapses do noc necessar- ily affece their cxedibilicy. @Prple 1 Radu, 301 SCRA 316) Evidence to be believed must nat only proceed om the mouth of a credible wimess but it most also be credible in iself, such chat common expesience and ob- servation of thanking lead to the inference of its prob- ablity under the cizcumstances. (Pagel x: Peruby, 305 SCRA 770; Pale. Lage, 306 SCRA 157) Inconsistency concerning 4 minor matter does not affect the exediblty of complainant's testimony. (Peple © n Empane, 306 SCRA 250) © Wicklamps, fashlighss, even moonlight or starlight © J mas, in proper situation, be considered sufficient illumi