Draft Resolution - Finding of Probable Cause of Complaint For Rape (SOLIMAN)

Download as pdf or txt
Download as pdf or txt
You are on page 1of 2

Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Tarlac Court Building, Tarlac City

ALLYSA AGAID ALMOITE NPS Docket No. III-18-INV-22k-2024


Complainant, For: VIOLATION OF RA 8353

-versus-

VOLTAIRE RELATOR
Respondent.
x-------------------x

RESOLUTION

The respondent, VOLTAIRE RELATOR, was charged of the crime of


VIOLATION OF RA 8353 in a complaint filed by the offended party, ALLYSA
AGAID ALMOITE.

Based on the allegations of the complainant, the respondent was raped


on different occasions by the respondent, his brother-in-law, since 2017 when
she was just 17 years old. As stated by the complainant in her Sinumpaang
Salaysay dated November 21, 2022, she was staying at the respondent and
his sister’s house since February 2017. At first, the respondent treated the
complainant with kindness until the former started raping her. The first
incident transpired when was awoken by the respondent and threatened her
not to scream or else he will kill her. That was when the respondent ordered
her to take off her shorts to which she obliged as she feared for her life at the
time. Respondent allegedly raped her on different occasions and consistently
threatened her not to seek for help. As she feared for her life, the complainant
moved out from the respondent’s house and started living at her cousin’s
house. However, on November 6, 2022, respondent once again succeeded on
raping her for the last time. The complainant averred that after the padasal of
her grandfather, her sister asked her to go to the latter’s house and get some
clothes for her children. When complainant arrived at their house, she saw the
respondent. Thereafter, the respondent again threatened her and undressed
her and although complainant tried resisting, the respondent succeeded in his
attempt to rape her.

On December 7, 2022, a subpoena was issued requiring him to appear


before the Office of the Provincial Prosecutor in the preliminary investigation
of the case and to submit a counter affidavit. The respondent failed to appear
in the scheduled preliminary investigation and did not submit a counter
affidavit. Hence, this resolution.

After carefully evaluating the allegations presented by the complainant,


the undersigned finds probable cause to indict the respondent of the alleged
crime. Article 266-A of the Revised Penal Code provides that Rape is
committed by a man who shall have carnal knowledge of a woman through
force, threat, or intimidation. As alleged by the complainant in her
Sinumpaang Salaysay, the respondent raped her in multiple instances and
whenever he gets the chance, through force and thereafter threatening her.

Wherefore, premises considered, let an Information for Violation of RA


No. 8353 against respondent Voltaire Relator be filed before the proper Court
of San Manuel, Tarlac.

Respectfully submitted. March 7, 2023, Tarlac City, Philippines.

Cohleen Dianne S. Angway-Dait


Associate Provincial Prosecutor

Approved / Disapproved:

CRISTINA S. LENON
OIC-Provincial Prosecutor
Officer-in-Charge
Copies furnished:
SAN MANUEL POLICE STATION – Brgy. Poblacion, San Manuel, Tarlac
VOLTAIRE RELATOR – Brgy. San Agustin, San Manuel, Tarlac

You might also like