PEOPLE OF THE PHILIPPINES vs.

KENNETH AVILA y CRUZ

R-PSY-21-123456-CR
R-PSY-21-123457-CR
(Rape and Robbery)

FACTS OF THE CASE

Version of the Private Complainant:

January 20, 2021

Natalie works at SM Manila as a sales lady. While waiting for her Daily Time
Card to be signed by her supervisor, Kenneth, a fellow employee working at the
perfume section of the SM Department Store, approached her to chat for a while.
This was the first time that Kenneth approached Natalie. Seeing how friendly he
was, Natalie talked to Kenneth for a while.

Considering that it was almost lunch, Kenneth asked Natalie if she would like to
go out to eat. Feeling hungry, Natalie agreed. While eating at Greenwhich Pizza,
the two had the following conversation:

Kenneth: Why are you working here as a sales lady? You are very pretty.
Natalie: (feeling flattered) Well, it’s the only one I can think of. Why do you ask?
Kenneth: If you want, I have a cousin who works at Okada, I can refer you to
him to work as a casino dealer.
Natalie: Really? That would be such a big help. Thanks.
Kenneth: Yes and the pay and tips are actually good. You can do better than
here.
Natalie: I am very interested. Can you help me apply?
Kenneth: Sure. Let’s exchange numbers and meet tomorrow.

After exchanging numbers, the two parted ways and went to their respective
sections in the mall. Later at around 9:00 PM, Natalie’s phone rang, which she
readily answered. At the other end, a man by the name of Jake and with a very
deep voice, asked if she was Natalie, to which she said yes. The following where
the conversation that they had with each other:

Jake: Hi Natalie, this is Jake, Kenneth’s cousin. He told me that you might be
interested in working at Okada.
Natalie: Yes. He told me that you might have a job for me as a casino dealer.
Jake: Yup. That job is open. Here is what I want you to do: Bring your biodata,
and money at least two thousand pesos for medical. Kenneth will meet you at
Okada Hotel in Room 508. He will tell you what to do next and I will also meet
you there in Room 508 for the interview.
Natalie: Ok, thanks, will do that.

January 21, 2021

The next day, Natalie received a call from Kenneth and said he will meet her at
the lobby of Okada. When Natalie arrived at the lobby at around 2:00 PM,
Kenneth arrived and accompanied Natalie to the elevator. When they arrived at
Room 508, Kenneth opened the door using a key card and told Natalie to wait
inside until Jake comes in.

Natalie sat at one of the chairs in the hotel room and tried to be comfortable
while waiting. Kenneth returned, locked the door of the hotel, and suddenly took
out a very long knife and pointed it at Natalie. Kenneth threatened Natalie by
saying his father is a retired captain in the Philippine National Police and if she
will not do everything that he wants, she and her family will be killed. Kenneth
then approached Natalie then ordered her to remove her clothing. Naked,
Kenneth then ordered Natalie to lie down on the bed, took Natalie’s phone and
then pressed the recorder. Kenneth then placed the phone on top of a table with
the camera pointing at the bed. With the knife pointed at her, Kenneth then
proceeded to open the zipper of his pants and have sexual intercourse with
Natalie.

After climaxing, Kenneth then fixed himself and ordered Natalie to take a bath.
Afraid and in tears, Natalie complied. While taking a bath, Kenneth threatened
Natalie that he will upload the video in facebook and kill her family if she will tell
anyone what happened to them.

When Natalie stepped out of the bathroom, she discovered that Kenneth was
already gone with her phone missing. Dressing, Natalie immediately went down,
took a cab and then went home.

January 25, 2021

Natalie went to the police station in Pasay City to file a complaint against
Kenneth. The Women’s Desk assisted Natalie in her statement and then
accompanied her to the Ospital ng Pasay for examination. Dr. Russell examined
Natalie and issued a medico legal report stating that although Natalie indeed had
sex with someone, it could not conclusively say that the sex was without consent.

January 26, 2021

Natalie posted in Tiktok a video clip showing her dancing and having fun.

January 28, 2021

An entrapment was conducted by the Pasay Police and they were able to arrest
Kenneth. Unfortunately, the phone was no longer in the possession of Kenneth.

January 30, 2021

An information was filed in court charging the Accused for the crime of Rape and
Robbery.

Version of the Accused

January 20, 2021

Natalie works at SM Manila as a sales lady. While waiting for her Daily Time
Card to be signed by her supervisor, Kenneth, a fellow employee working at the
perfume section of the SM Department Store, approached her to chat for a while.
Considering that it was almost lunch, Kenneth asked Natalie if she would like to
go out to eat. Feeling hungry, Natalie agreed. While eating at Greenwhich Pizza,
the two had the following conversation:

Kenneth: Why are you working here as a sales lady? You are very pretty.
Natalie: Well, it’s the only one I can think of. Why do you ask?
Kenneth: If you want, I have a cousin who works at Okada, I can refer you to
him to work as a casino dealer.
Natalie: Really? That would be such a big help. Thanks.
Kenneth: Yes and the pay and tips are actually good. You can do better there
than here.
Natalie: I am very interested. Can you help me apply?
Kenneth: Of course. But I must warn you, the work there is not actually very
clean.
Natalie: What do you mean?
Kenneth: Well, if a rich casino player finds you interesting, he might offer you
money and take you out.
Natalie: Pfft!!! That is not something new to me. I am already used to those kinds
of men

(Sensing that she is open to the idea, Kenneth pressed further)

Kenneth: Really? Are you sure?

Natalie: Yes, I don’t really care as long as I get paid.
Kenneth: What if something happens to us, would you be open to that idea?
Natalie: Hmm… well you aren’t bad looking. In fact, you look kinda cute. I
wouldn’t be against the idea. If you can help me with the job, then lets say it will
be my way of saying thanks.
Kenneth: Then that will really make me want to help you more. Let me call my
cousin now and see what he can do.

(Kenneth took out his phone and called a person with the name Jake)

Kenneth: My cousin said there is an opening in Okada and he can help you.
Would it be ok if he can have your number.
Natalie: Gladly. (Natalie gave her number)
Kenneth: Jake will call you tonight.

After exchanging numbers, the two parted ways and went to their respective
sections in the mall. Later at around 9:00 PM, Natalie’s phone rang, which she
readily answered. At the other end, a man by the name of Jake and with a very
deep voice, asked if she was Natalie, to which she said yes. The following where
the conversation that they had with each other:

Jake: Hi Natalie, this is Jake, Kenneth’s cousin. He told me that you might be
interested in working at Okada.
Natalie: Yes. He told me that you might have a job for me as a casino dealer.
Jake: Yup. That job is open. Here is what I want you to do: Bring your biodata,
and money at least two thousand pesos for medical. Kenneth will meet you at
Okada Hotel in Room 508. He will tell you what to do next and I will also meet
you there in Room 508 for the interview.
Natalie: Ok, thanks, will do that.

January 21, 2021

The next day, Natalie received a call from Kenneth and said he will meet her at
the lobby of Okada. When Natalie arrived at the lobby at around 2:00 PM,
Kenneth arrived and accompanied Natalie to the elevator. When they arrived at
Room 508, Kenneth opened the door using a key card and told Natalie to wait
inside until Jake comes in. After 30 minutes, Kenneth returned:

Kenneth: Jake wont be able to come as he is caught in some paper works in the
casino of Okada
Natalie: Oh. But what about the job.
Kenneth: I already gave your biodata, and the two thousand pesos. Jake says
you got the job. You can report tomorrow and later have the medical.
Natalie: Wow really. Thanks so much.
Kenneth: Hey, its no big deal.

Natalie then hugged Kenneth while thanking him profusely. After hugging,
Natalie kissed Kenneth passionately, and later proceeded to have sex with him.
After resting for a few hours, Kenneth told Natalie that he had to go as it was
already late at night but Natalie can still stay considering that the room was
already paid for until tomorrow. When Natalie asked how the room was already
paid, Kenneth said he got a discount because of Jake.
January 26, 2021
Kenneth received a text message from the barangay that his relief goods for
COVID is already available, and he can picked it up.

When Kenneth arrived at the Barangay Center, that was the time the police came
and suddenly arrested him. The police brought him to the station, and while
there the police threatened him that if he will not admit the crime of rape and
robbery, he will be also accused of doing drugs. Kenneth was already crying by
this time and insisting that he is innocent.

PEOPLE OF THE PHILIPPINES vs.

TOMMY MADRIGAL y VICERAL and CHRIS MAGSINO y KING
R-PSY-21-98765-CR
(Murder)

FACTS OF THE CASE

Complainant:

On 10 August 2019, at around 9 o'clock in the evening, “A” together with his
friends “B” and “C”, were inside the passenger jeepney owned by “X”, which was
parked at the back of Menlo St., cor. Donada St., Pasay City, waiting for a female
friend of theirs who was supposed to arrive at 9:30 o'clock.

While waiting for another friend to arrive, “X” suddenly came and ordered all the
persons who were inside to alight therefrom. After all of them have alighted from
the jeepney, the “X” suddenly grabbed “A’s” left arm and accused him of stealing
the antenna of his jeep. Denying that he was responsible for the theft of the
antenna, “A” struggled from the grip of “X” and was able to ran towards the
direction of the house of “G”, his uncle. Upon arriving at the house of “G”, the
victim ran all the way to the second floor room he shared with “H”. Finding his
roommate inside the room, A had the following conversation with his roommate:

A: Pare takot na takot ako

Roommate: Ha? Bakit?
A: Si Manong X nagwawala dun sa kanila at inaakusahan akong ninakaw yung
antenna ng jeep nya. Buti na lang nakatakbo ako.
Roommate: Bakit ka inaakusahan ng nagnakaw?
A: Hindi ko din alam.

However, after resting, at around 11:00 o'clock of the same evening “A” left the
house of “G” to go to the dancehall located at nearby Donada St. where a charity
dance was being held.

At around 11:00 o'clock of the same evening, “X” together with a companion
arrived, while “A” was inside the dancehall seated in one of the benches there.
“X” at first ignored “A”. But after an hour of dancing, “X” walked towards where
A was seated. As “X” was about to approach “A”, a brownout suddenly occurred.
Immediately after the lights went out, a spark was seen and a gunshot rang out
right in front where “A” was seated. When the lights returned, “A” was on the
floor with a gunshot wound to his neck. Immediately thereafter, the victim was
rushed to the provincial hospital by his friends led by “B”, for treatment.

Inside the Emergency Room of the Provincial Hospital, while “A” was bleeding,
he was able to tell “B” that “X” was the one who shot him.
Accused:

“X” drives his own passenger jeep plying the Dominga-Ayala route. At around
8:30 o'clock in the evening of 10 August 2019, “X” parked his jeepney at the back
of his house located at Menlo St., cor. Donada St., Pasay City. After resting for a
while, he went to the house of their jeepney association president, “1”, where he
drank three bottles of beer. When “X” arrived home, he noticed that three
persons, including “A”, were seated inside his jeepney. He approached them and
requested them not to stay inside his jeepney. Thereafter, all of them went away
without any untoward incident. At around 11:00 o'clock, “X” together with his
wife went to the dancehall were a charity dance was being held as a thanksgiving
party for the Sangguniang Kabataan. There, he was invited by “2”, who acted as
emcee of the program, to open the first dance. “X” agreed and danced the first
dance with “2”.

At around 11:30 PM, “X” asked his wife if they can go home already as it was
already late and he still had to ply his route. When the two were about to leave,
the lights suddenly went off. “X” immediately grabbed hold of his wife for fear
that something might happen to her. About two seconds after the lights went
out; he heard a gunshot which he initially thought was merely a firecracker.
When the lights returned, people were suddenly shouting and confusion was all
around the dance hall. Fearing for their safety, “X” immediately grabbed his wife
and then left the dance hall.

The next day, “X” learned that “A” was shot by someone but also learned that his
son was one of the men who assisted in bringing “A” to the hospital. At around
11:45 AM, while “X” was already resting, three policemen came to his house and
told him that “A” mentioned his name as the one who shot him. Believing that
he has done nothing wrong, “X” volunteered to go with the policemen. “X” claims
that when they arrived at the police station, he even asked that a paraffin test
be conducted on him, the result of which was negative.