People of The Philippines V Ritter

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G. R. No.

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:

The court emphasized some factors that aroused reasonable doubt.


1.) The evidence on Rosarios baptism creates reasonable doubt
about her being 12 years old. If the evidence of the prosecution
is to be believed, she was not yet born on the date she was
baptized.
2.) Since proof of Rosario being under 12 was not satisfactory, the
prosecution has to prove intimidation, or deprivation of reason in
order to convict for rape. There is no such proof and in fact
evidence show the willingness to submit to sexual acts for
monetary considerations.
3.) The only witness to the fact of Ritter placing the vibrator to
Rosario was Jessie but he did not see Ritter insert the vibrator.
Rosario told Jessie about the inserted vibrator and informed her
that she has removed it. But he saw that night groaning because
of her stomach pain. Ramirez testimony is not only hearsay, but
also contradictory.
4.) According to expert medical testimony, a foreign object with
active properties to cause pain after seven months inside the
vaginal canal would have set in much earlier.
5.) The gynecologist testified that Rosario told her a Negro put the
foreign object. The accused is Caucasian
The judgment was reversed and set aside. Appellant is acquitted on
the grounds of reasonable doubt but is hereby directed to institute
proper deportation proceedings and is ordered to pay P30,000.00.

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