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Case Brief - People v. Tacipit

The complainant, a 17-year old student, was invited by her friend Eden to her house after school. When she tried to leave Eden's house, the defendant restrained her and took her through a coconut plantation, where he wrestled her to the ground, tore off her clothes, and raped her. The complainant reported the rape to her family that evening. The next day, she underwent a medical examination and filed a police report. The trial court found the defendant guilty of rape. The sole issue on appeal is whether the defendant is guilty of rape.

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Francis Moraleda
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56 views1 page

Case Brief - People v. Tacipit

The complainant, a 17-year old student, was invited by her friend Eden to her house after school. When she tried to leave Eden's house, the defendant restrained her and took her through a coconut plantation, where he wrestled her to the ground, tore off her clothes, and raped her. The complainant reported the rape to her family that evening. The next day, she underwent a medical examination and filed a police report. The trial court found the defendant guilty of rape. The sole issue on appeal is whether the defendant is guilty of rape.

Uploaded by

Francis Moraleda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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PEOPLE v.

TACIPIT
G.R. No. 109140
8 March 1995

FACTS:
The complainant, Onelia Pamittan, was a 17- year old high school student in
Abulug, Cagayan at the time of the commission of the offense. She had a friend, Eden
Molina, who studied at the same school and lived about two (2) kilometers from the
school.
In the afternoon of January 3, 1991, Eden invited some of her friends, including
the complainant, over to her house. After partaking of a snack of tinubong (native rice
cakes), the group decided to go home.
At this point, the version given by the prosecution and the defense differed.
According to the complainant, as she was about to leave the Molina house, the accused
restrained her, held her left hand and her notebooks and told her friends to go ahead.
Despite her cries and pleas for help, the owners of the house did nothing to help her.
On the other hand, defense witness Elmer Molina alleged that the complainant and the
accused were sweethearts. They left the house together, with their hands over each
other's shoulders. At any rate, it is undisputed that the complainant left the Molina
household with the accused.
On the way, they passed through a coconut plantation of a certain Guillermo
Agustin. By then, it was already getting dark. There, the accused took hold of the wrists
of the complainant and wrestled her down to the ground. He tore off the T-shirt and
skirt she was wearing and pinned her hands across her stomach. The accused then
removed her shorts and panty and ravished her. After the carnal act, the accused
accompanied the complainant to a point near her home and before leaving her,
threatened to kill her or her family if she reports the matter to anyone. The
complainant, however, did not heed the warning and immediately upon arriving at her
house, reported the incident to her uncle, Ernesto Marantan, with whom she was
residing. Marantan looked for the accused that same evening, but after failing in his
search, he reported the matter instead to the barangay captain.
The following day, the complainant accompanied by her mother, aunt and
cousin, reported the incident to the police at the municipal building. She submitted her
clothing for examination and after being investigated, submitted herself for medical
examination. After a thorough investigation which resulted in the finding of probable
cause, the municipal trial court issued a warrant of arrest against the accused.
Upon arraignment, the accused pleaded not guilty. The trial court, rendered the
judgment against the accused.

ISSUE:
Whether or not Tacipit is guilty of the crime of rape.

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