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Freeman Metro Cebu

SC affirms lower courts' decision, finds man guilty

Mylen P. Manto - The Freeman

CEBU, Philippines - The Supreme Court (SC) of the Philippines has affirmed the decision of the lower courts finding accused-appellant guilty of the crime of rape.

Associate Justice Bienvenido Reyes in his decision said he found no cogent reason that would warrant the reversal of the ruling of the Regional Trial Court (RTC) and the Court of Appeals (CA).

"The court affirms the conviction of Joey Bacatan. Evidence on record shows that the following elements of rape were proved beyond reasonable doubt, Bacatan had carnal knowledge with the victim and it was accomplished through the use of force," the decision reads.

In 2011, accused-appellant appealed the case before the SC after his petition filed before the CA was denied. He alleged though the prosecution failed to prove his guilt beyond reasonable doubt still he was convicted for rape and sentenced to 20 to 40 years of imprisonment.

The victim, then 18 years old, alleged that she was sexually abused by accused-appellant and his cohort, who remains at large dated Jan. 19, 1998 in a beach resort somewhere in Talisay City.

Accused-appellant however, denied the allegation.

In his appeal, he stated there was "no evidence of force and intimidation" employed. He said they were lovers.

"…the intimate act that occurred was consensual and the charge of rape was filed to force him (me) into marrying her, to save her from public humiliation and from the wrath of her parents," he stated.

However, despite his defenses, Reyes found accused-appellant guilty of the crime.

"As a rule, bare invocation of sweetheart theory cannot stand alone. To be credible, it must be corroborated by documentary, testimonial, or other evidence. Usually, these are letters, notes, photos, mementos, or credible testimonies of those who know the lovers," the decision reads.

Aside from the affirmation of the ruling, Reyes sentenced accused-appellant to pay the victim the amounts of  P50,000 as civil indemnity, P50,000 as moral damages and P30,000 as exemplary damages. — (FREEMAN)

vuukle comment

ACCUSED

APPELLANT

ASSOCIATE JUSTICE BIENVENIDO REYES

BACATAN

COURT OF APPEALS

JOEY BACATAN

REGIONAL TRIAL COURT

REYES

SUPREME COURT

TALISAY CITY

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