pre trial defense rape

7/22/2019 Pre Trial Defense Rape

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REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT

BRANCH 54LUCENA CITY, QUEZON PROVINCE

THE PEOPLE OF THE PHILIPPINES, Plaintiff,

- !"#$# - C"i%inal

Ca#! N&' (5-)() F&"* Ra+!

RANEY GARCIA, A$#!.'/-----------------------------------/

PRE-TRIAL BRIEF FOR THE ACCUSE

I. BRIEF STATE0ENT OF THE CASE

This is a criminal prosecution for the crime of rapepursuant to of the Revised Penal Code of the Philippines.

Accused Rev. Fr. Radney Garcia is a 35 - year old parishpriest of Our ady of Pe!afrancia in Capistrano "u#division$%r&y. Gulan&- Gulan&$ ucena City. 'e is very dedicated inpreachin& the (ord of God. 'e is also persuasive in theconstruction of the ne) church. 'e &ets alon& )ith theparishioners and really reaches out to the poor. As such$ heis )ell loved #y the people$ especially the parishioners$ forhis friendliness and community oriented church pro*ects. +otto mention$ ho)ever$ that he is a &ood loo,in& priest$ and

uite popular )ith the youth as he conducts a re&ularcatechist sessions and seminar pro&rams for the sacristans.


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Plaintiff ina Grace /e*ia is a 01 - year old schoolteacher at the "cuola %am#ino 2lementary "chool in %r&y.sa#an&$ ucena City $ mother of a 4 - year old #oy$ ictor.

"he is an active mem#er of the /other %utler Guild )hich isa pastoral or&aniation in-char&ed )ith the )ardro#e of thepriest as )ell as in arran&in& the altar. "he is also acommentator. As such$ she is ,no)n to #e a close friend ofthe accused as they are often seen chattin& #efore and after2ucharistic cele#rations and in other church activities.

On 6ecem#er 74$ 0774$ accused )ent a#out his routineas priest of Our ady of Pe!afrancia Parish )here plaintiff

served as one of the commentators of the 8am mass. Afterthe mass$ he )ent to the sacristy to ta,e off his sutana as hehad an appointment that mornin& to #less a ne)ly renovatedhouse o)ned #y one of the parishioners. The plaintiff )ent toassist him #ut he refused and told her that he can mana&e.Plaintiff$ ho)ever$ insisted$ so the accused allo)ed her tota,e off his sutanaand fold it for him.

Rev. Fr. Radney Garcia then heard the plaintiff so##in&.

As he could not #ear to see anyone cry$ much more a )omanand a close friend of his$ he approached her and as,ed her)hat )as )ron&. To his surprise the plaintiff suddenly turnedand hu&&ed him encirclin& his )aist )ith her arms. Accusedfelt a),)ard #ut didn9t have the heart to shove a cryin&)oman a)ay. 'e as,ed her a&ain )hat )as )ron& #ut shedidn9t ans)er and *ust continued so##in& into his chest.Accused felt his )hite t-shirt &ettin& )et )ith plaintiff9s tearsso he attempted to push her &ently a)ay from him. 'ehanded her his )hite hand,erchief #ut plaintiff didn9t ta,e itfrom him$ she *ust ,ept on cryin&.

Plaintiff then held his hand )ith hers and as,ed himMaganda ba ako, Rad?. Accused noticed that plaintiffdidn9t address him )ith the usual Father Rad #ut hedisre&arded it and thou&ht it )as only due to plaintiff9sdistress that she called him #y name only. 'e ans)ered Oonaman. Magandang maganda ka, Vina.

Plaintiff shoo, her head and hu&&ed accused a&ain$ this


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time placin& her face a&ainst the side of his nec,. Accusedfelt a),)ard a#out their situation$ afraid someone mi&ht seethem li,e that so he &ently pushed plaintiff a)ay from him.'o)ever$ plaintiff9s hold on him ti&htened even more. To his

surprise$ plaintiff ,issed him on the lips.

Rev. Fr. Radney Garcia$ althou&h reluctant a#out )hatto do )ith plaintiff9s advances$ )as not a#le to resist such&esture #ecause Fr. Garcia and the plaintiff are lovers andthat they )ere havin& a secret relationship. Fr. RadneyGarcia )as even contemplatin& a#out leavin& his vocationand settlin& )ith the plaintiff. (hat transpired #et)een Fr.Garcia and the plaintiff is a purely consensual act of love and

#oth he and the plaintiff )anted that to happen.

After ma,in& love$ the plaintiff made Rev. Fr. Garciachoose #et)een plaintiff and Fr. Garcia9s vocation. (hen Fr.Garcia conveyed that he )as still undecided upon thematter$ the plaintiff &ot very an&ry and )arned that shemi&ht do somethin& that Fr. Garcia mi&ht re&ret. After )hich$the plaintiff left the sacristy.

Plaintiff did not return to serve the parish after that day#ut accused did not #other her thin,in& that may#e shedidn9t )ant to see him out of em#arrassment for )hathappened. 'e )as surprised )hen t)o )ee,s later )hen thet)o policemen came to the convent and arrested him foralle&edly rapin& the plaintiff.

II' FACTS A0ITTE

:.That the victim$ ina iano /e*ia is a 01 year old )oman)ho is a mother of a seven year old child named ictor.

0. That ina /e*ia is a resident of %r&y. Gulan& Gulan&$ucena City since #irth.

3. That ina /e*ia has #een a mem#er of the /other %utlerGuild for 5 years.


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1. That Fr. Garcia is 35 years old.

5. That Fr. Garcia is the official parish priest of %r&y. Gulan&Gulan&$ ucena City.

8. That Fr. Garcia has #een servin& the community of ucenaCity for 8 years as a priest.

4. That prior to the 6ecem#er 4$ 0774 incident ina /e*iaand Fr. Garcia have #een &ood friends.

;. That Fr. Garcia is or&aniin& a concert pro*ect for themalnourished children of ucena City.


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V' OB2ECTS AN OCU0ENT TO BE PRESENTE

:. Affidavit of Rev. Fr. RA6+2? GARCA durin& the

preliminary investi&ation

0. %racelet &iven #y the plaintiff to Rev.Fr. RA6+2? GARCAcontainin& the en&raved )ords @Radney and Vina Forever

VI' 1ITNESSES TO BE PRESENTE

:. Rev. Fr. RA6+2? GARCA$ accused

Purpose= To testify on )hat happened on 6ecem#er 4$0774 and to testify on his relationship )ith the plaintiff

0. /onsi&nor A?"O+ O%2"$ %ishop of ucena City andconfidant of Rev. Fr. Radney Garcia

Purpose= To testify on the relationship of Rev. Fr.Radney Garcia and plaintiff and to prove that that these>ual act #et)een Rev. Fr. Radney Garcia and theplaintiff )as consensual

3. /ARB /AGAA+2"$ %aran&ay Captain of %r&y. Gulan&-Gulan&$ ucena City

Purpose= To testify on the character and reputation ofRev. Fr. Radney Garcia

VII' AVAILABLE TRIAL ATES

For convenience$ plaintiff and his counsel )ill su#mittheir availa#le dates durin& the pre-trial conference.

RESPECTFULLY SUB0ITTE'0a"3 , ((6, L$!na Cit7

Val!8a-S&"iaCounsel for the Accused

1 6ela Rosa "t.$ /a,ati Ave.


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/a,ati City

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Att7' Ca"l& Val!8a%P +o. 8;:051-7;-05-:7

PTR +o. 154801371-70-:7 T/CRoll of Attorneys +o. :7:30

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