People of The Philippines V Ritter
People of The Philippines V Ritter
People of The Philippines V Ritter
88582
March 5, 1991
People of the Philippines v Ritter
Facts:
On October 10, 1986 about midnight the accused brought Jessie
Ramirez and Rosario Baluyot inside his hotel room in MGM Hotel along
Magsaysay Drive, Olongapo City. The accused took aout several items
including pictures depicting dressed up young boys, a vicks-like
inhaler, anti-nasal inhalers against pollution bought in Bangkok and a
grayish blue object. They were asked to take a bath. While Rosario as
insude the bathroom, Jessie was told to lie down and was masturbated
by the accused. He also guided the boys hand for him to be
masturbated. When Rosario came out of the bathroom, she was told to
remove her clothes and join him in bed. The accused placed himself
between the two and started fingering Rosario. Ramirez was already
sleepy but was touched by Rosario to call his attention. He saw the
accused placing his penis against the vagina of Rosario and trying to
penetrate but it wouldnt fit. Ramirez didnt bother anymore and went
to sleep. The next day, Ramirez was given P200.00 and Rosario was
given P300.00 then the accused left. Rosario told Jessie that the
accused inserted something in her vagina. Sometime the following
day, Rosario told Jessie that the foreign object was removed. On the
evening of the same date, Jessie saw Rosario complaining about the
pain in her vagina and told her that the foreign object was not yet
removed. On May 14, 1987, Gaspar Alcantara, while scavenging
garbage at Lot 21 near the US Naval Base saw Rosario being ogled by
people because her skirt was bloodied and she was unconscious and
foul smelling. Rosario was brought to Olongapo City General Hospital
and was first ignored since she was a street child until 3 good
Samaritans namely Jessica Herrera, Fe Israel and Sr. Eva Palencia
decided to help her. After being examined by physicians it was
discovered that a foreign object was inside her vagina. Dr. Barcinal, her
Ob-Gyne tried to extract the object by means of forceps but her
attempts proved futile. She told the doctor that a Negro inserted the
foreign object to her vaginal canal 3 months ago. The foreign object
was extracted through an operation with anesthesia. The following day,
she died because of cardio-respiratory arrest, secondary to septicemia
caused by the foreign object inserted in her vaginal canal. The accused
was charged with the crime of Rape with Homicide.
Issue:
Whether or not Ritter was guilty beyond reasonable doubt for the crime
of Rape with Homicide.
Held: