G.R. No.

88582 March 5, 1991

People, plaintiff-appellee vs. Ritter, accused-appellant
Notes by: Maan Dion

Heinrich Stefan Ritter was charged with the case of rape and homicide for the 12 year old girl,
Rosario Baluyot, who later died caused by a foreign object (vibrator) on her vaginal canal.

Facts:
 On October 10, 1986, Ritter brought street children, Jesse Ramirez alias “Egan” (13, boy) and
Rosario Baluyot (12, girl) to his room in MGM Hotel along Magsaysay Drive, Olongapo.
 He ordered the Jesse Ramirez and Rosario Baluyot to take a bath. When Jessie Ramirez was
done, Ritter took out pictures depicting boys and 3 other objects he described as like vicks
inhaler, later inserted inside the vagina of Rosario Baluyot. (Color: greyish blue)
 Other objects: anti-nasal inhaler the accused purchased in Bangkok.
 Ritter fondled the two children.
 Rosario called Ramirez’s attention then saw the accused penetrating Rosario but it would
not fit.
 Ritter paid P200 and Rosario P300 the following morning.
 Rosario told Ramirez that the “American” inserted something in her vagina.
 The following day, Ramirez saw Rosario and asked whether the object was already removed
from her body. The same night, Rosario was complaining of pain in her vagina. She admitted
to Ramirez that the object wasn’t removed yet.
 7 months later, May 14, 1987, Gaspar Alcantara, a garbage scavenger, found Rosario Baluyot
unconscious in the street with bloodied skirt and foul smell. He brought her then to the
hospital. Diagnose with Peritonitis due to a massive infection in abdominal cavity.
 May 19, 1987, Rosario went under operation to remove the foreign object in her body.
 May 20, 1987 2:15PM Rosario Baluyot was pronounced dead by Dr. Leo Cruz.
 Jesse Ramirez became the witness. They took him to the U.S. Naval Base, Olongapo, took his
statement. Was asked to describe the suspect for a composite drawing.
 Rape and homicide was filed against Ritter at City Fiscal of Olongapo.
 Private complainant: Maria Burgos Turla. She had custody of Rosario when her mother died
and when her father left her. Accepted the money of P15,000 to settle the case by Ritter’s
lawyer, Atty. Legaspi. Was only paid P10,000
 Defense tried to dislodge the case because the suspect was described as American while
Ritter was Austrian.
1. Case of mistaken identity.
2. Rosario Baluyot is already 13 years old as shown by her baptismal certificate.
a. Rosario Baluyot was baptized on Dec 25, 1974. Highly improbable that she
could have been born on Dec. 22, 1975.
b. No more reliable document to prove that Rosario Baluyot that she was 12
years old on the time of alleged incident. (Related case: People v. Rebancos
172 SCRA 425 1989)
c. Fe Israel’s (social worker who interviewed Rosario Baluyot) and Jessie
Ramirez’s testimonies regarding her age was inadmissible. Trial court relied
 on Section 33, Rule 130 (now Section 40 of Rule 130 of the 1989 Revised
Rules of Court)
d. Declaration of Rosario’s age by her grandmother and father were still
admitted pursuant to the ruling laid down in U.S. v. Bergantino (3 Phil., 118
[1903]) but later were denied because there is no reasonable assurance of
it’s correctness. Testimonies must be weighed according to their own
personal knowledge of what happened.

Issue:
Is Ritter criminally liable for rape and homicide?

Ruling:
No. The prosecution failed to prove that Rosario Baluyot was only 12 years old at the time of the
incident. And that Rosario prostituted herself and the P300 paid to her was an evidence.

Dr. Solis, a specialist stated that any foreign body inserted in the vaginal canal usually developed
within, a period of 2 weeks. And bigger object just like the vibrator would have shorter time to
manifest infection and inflammatory changes.

Appealed judgement was REVERSED and SET ASIDE. Ritter is ACQUITTED on the grounds of
reasonable doubt.

Ritter is ordered to pay P30,000 by way of moral and exemplary damages to the heirs of Rosario
Baluyot.

Ritter is deported to immediately expel him thereafter with prejudice to re-entry into the country.