Access over 20 million homework & study documents
search

PEOPLE OF THE PHILIPPINES, plaintiff-appellee

Content type

User Generated

Type

Study Guide

Rating

Showing Page:
1/7
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. 146458 January 20, 2003
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
CAPT. MARCIAL LLANTO Y LEUTERIO, accused-appellant.
PUNO, J.:
The one battle the accused Capt. Marcial Llanto lost was fought against himself. He utterly
failed to measure up to the yardstick of an officer and a gentleman when he was subdued by
the beast in him and he committed lechery upon his minor kin.
On February 29, 2000, an information for rape was filed against the accused Llanto, viz:
"That on or about (the) twelfth day of November, 1999 at Pasay City and within the
jurisdiction of this Honorable Court, the above-named accused, actuated by lust, with
use of a knife, through force, violence and intimidation, and by taking advantage of
his moral ascendancy over his twelve (12) year old minor niece MARIA CRISTY T.
BALISI, did then and there willfully, unlawfully and feloniously have carnal knowledge
of Ma. Cristy T. Balisi against her will and consent, to her damage and prejudice in
whatever amounts may be awarded to her under provisions of the Civil Code.
CONTRARY TO LAW."
1
The accused pleaded not guilty. Trial ensued.
The records show that Ma. Cristy Balisi was born to Gertrudes Balisi and Raul Balisi on
December 20, 1986. Her parents separated when she was six months old and from then on her
maternal grandmother took care of her until she was eight years old. Her mother lives with her
(Cristy’s) uncle in Litex, Quezon City while her father lives with his common law wife in
Calamba, Laguna.
In 1995, Cristy was entrusted to the care of the accused and his wife, Felicitas Balisi Llanto, the
sister of Cristy’s father. The accused is a member of the Philippine Air Force. They lived in Clark
Airbase, then moved to Mactan Airbase, Lapu-Lapu City, Cebu, and in 1999, transferred to a
house in Villamor Airbase in Pasay City.
On November 12, 1999, only Cristy and the accused were home. The accused’s wife was then in
Tuguegarao, Cagayan, while one of their two sons was in Laguna and the other was in Cebu. At
about 9:00 p.m., while Cristy was studying downstairs, the accused told her that it was already
time to go to bed. The accused pulled her to his room upstairs, removed her shirt, bra and
panty. Cristy cried. He tied her hands, mashed her breasts, kissed her private part, and inserted
his two fingers into her vagina, causing her pain. He inserted his organ into her private part. The
whole time, she could not fight the accused as he tied her hands and held a knife. After
satiating his lust, he threatened her not to tell on him, then untied her hands. That was not the
first time the accused ravished her. When they lived in Cebu, the accused violated her about
three times a week when only the two of them were left in the house.
The next day, November 13, 1999, Cristy told the accused that she would go to school, but
instead proceeded to her aunt, Dolores Balisi, the sister of the accused’s wife. She divulged to
Dolores her ordeal in the hands of the accused. Dolores brought her to the National Bureau of
Investigation (NBI) where Cristy executed a sworn statement
2
and filled out a complaint
sheet.
3
Dr. Annabelle Soliman examined her and made a medico-genital report.
Cristy denied the claims of the accused’s family that they scolded her for repeatedly stealing
money from them. She also explained that she did not include in her sworn statement that the
accused tied her hands when he committed the lechery on her because she was not asked what
the accused did first before consummating coitus with her.
4
Dr. Annabelle Soliman, medico-legal officer of the NBI, testified that she examined Cristy Balisi
on November 17, 1999 upon her complaint that the accused had been raping her since 1996,
the last of which was on November 12, 1999. Cristy was twelve years old at the time of the
examination. The findings showed that the victim’s hymen was tall, thick, intact, and distensible
or elastic and there was no sign of extra-genital injury. During the examination on Cristy, a tube
2.5 centimeters in diameter was inserted into her hymenal opening without any injury. Her
hymenal opening is wide at 2.5 centimeters in diameter so as to allow complete penetration by
an average-sized adult Filipino male organ in full erection, about 2.5 centimeters, without
producing genital/hymenal injury.
5
Dr. Soliman opined that it is possible for the hymen to
remain intact even if it had been penetrated several times as the rupture of the hymen depends
on the manner of insertion and the opening of the orifice. If the insertion is gentle, it might not
break the hymen. If a woman is struggling when being raped, the penis might not fully
penetrate the hymen, thus leaving it intact.
6
Rosalina Chiong, NBI agent, corroborated Cristy’s testimony that she filled out a complaint
sheet.
7
Chiong prepared a request for medico-legal examination
8
then took the victim’s sworn
statement.
9
She also received a copy of the examination results.
10
During her testimony, Chiong
presented a photocopy of a certification from the Office of the Civil Registrar indicating that
Cristy was born to Gertrudes Tullawan and Raul Balisi on December 20, 1986.
11
The accused took the witness stand. He is a captain of the Philippine Air Force assigned as
officer-in-charge at the Air Force Holding Center of Villamor Air Base. Previously, he was
assigned at Camp Lapu-Lapu, Laoag, Cebu City. He is married and has two children, Jessel aged
25 and Jonnel, 24.
He narrated that Cristy started to live with his family in 1994 when she was eight years old.
Although she is only his niece, her father being the younger brother of his wife, he and his wife

Sign up to view the full document!

lock_open Sign Up
Showing Page:
2/7
treated Cristy like a real daughter. They cared for her, supported her schooling and provided
her food, clothing and other needs. Cristy loved him and his wife and had been like a good
daughter to them.
When the accused was assigned at Villamor Air Base in Pasay, Cristy stayed with the accused’s
wife at Clark Air Base. In 1996, when the accused was transferred to the Visayas Command, the
accused’s family, along with Cristy, moved to Cebu. The accused stayed in the Bachelor Officers
Quarters in Camp Lapu-Lapu, Cebu while Cristy resided with the accused’s wife at the Junior
Officers Quarters at Mactan Air Base, Lapu-Lapu, Cebu, an hour’s drive from where the accused
was staying. He rarely went home to Mactan Air Base because of his hectic schedule.
In June 1999, the accused was re-assigned to Manila. The accused, his wife Felicitas and Cristy
transferred to San Pedro, Laguna and stayed with Felicitas’ sister, Elizabeth Balisi. From there,
they transferred to the Airmen’s Village on July 16, 1999.
On November 12, 1999, the alleged date of the rape, the accused was with his elder son, Jessel,
at Mahada Alpha, Barangay Mayapa, Calamba, Laguna. He left Villamor Air Base at 2:00 p.m.
and arrived at Mahada Alpha at 5:00 p.m. At past 5:00 p.m., he met his son Jessel outside the
factory of Yukusha, Philippines where the latter worked. He informed Jessel that his younger
brother Jonnel called up to ask about his petition papers for Canada. After they talked, Jessel
borrowed the accused’s car and had a joy ride with his co-workers while the accused proceeded
to the house Jessel rented. The accused talked with Alma Saberola, the daughter of Jessel’s
landlord. When Jessel arrived at about 7:30 p.m., he told the accused that the car’s headlights
were not functioning. The accused checked the headlights and tried to fix them in vain. So, he
decided to spend the night in Jessel’s place as it was difficult to drive in the dark. He left
Calamba the following morning at 7:00 a.m.
Cristy repeatedly stole money from the accused and his wife, but asked for forgiveness. At first,
the accused forgave her, but the last straw came on November 13, 1999 when he came home
from Calamba. He found out that the one thousand pesos in the pocket of his pants hanging on
the wall was missing. When Cristy arrived, he confronted her about it. The accused and his wife
severely scolded her and even threatened her with a hammer to reform her, but she did not say
a word and just went out of the room. The accused followed her and she returned five hundred
pesos as she had already spent the other five hundred. Later that day, he brought Cristy to
Calamba to tell Jessel that he was fed up with her, then the two went back home to Villamor Air
Base. He decided to stop financing her schooling and to return her to her parents. At 8:00 p.m.,
the accused went to his office and spent the night there. The following day, the accused found
out that Cristy ran away from home. He asked her whereabouts from her relatives and
classmates and learned that Cristy did not go to school nor was she with her Aunt Dolores or
her father. He did not report the matter to the barangay and police authorities, nor did he
make it known at the Villamor Air Base. He suggests that she ran away because of his decision
to stop supporting her schooling.
The accused claims that Cristy filed charges of rape against him upon instigation of her mother,
Gertrudes Tullawan, and a certain Silverio Escobar to extort his P500,000.00 retirement
benefits. Escobar, an NBI agent who was his wife’s kababayan, called him up one time and told
him that a complaint was filed against him, then asked for P500,000.00. The accused did not
give Escobar the money as his conscience was clear. Besides, he did not have any money. The
following day, the accused received a subpoena. It was then that he learned that Cristy,
accompanied by her mother, filed a complaint against him.
It appears that Cristy filed another complaint for rape against the accused and the case is
pending at the Regional Trial Court of Cebu.
12
The son of the accused, Jessel Llanto, corroborated his father’s testimony that he was with him
on November 12, 1999. His father visited him in Calamba, Laguna to ask if the petition papers
for Canada had already been sent by his aunt, his father’s sister. They met at about 5:30 at the
factory where Jessel worked. They then proceeded to Jessel’s place at about 6:00 p.m. and
there talked about the petition papers. Alma Saberola and the other children of Jessel’s
landlord and some of Jessel’s friends were there. After about an hour, Jessel borrowed the
accused’s car and with a friend named Jonathan and another companion, went to a friend’s
place at Palo Alto, Calamba, Laguna. On their way home, they passed a very big hump, but they
were not able to slow down, causing the front of the car to jerk and destroy the headlights.
When they reached home, Jessel told his father that the headlights were not working. As it was
dangerous to drive in the dark, his father decided to spend the night there and left the
following morning for Villamor Air Base. Later that day, at around 6:00 p.m., his father returned
to Calamba with Cristy and told Jessel that he would return Cristy to her parents as he was fed
up with her stealing. Jessel treated Cristy like his younger sister and begged his father to give
her another chance.
13
Alma Saberola, Jessel’s landlady and sister of Jessel’s co-worker, corroborated the accused’s
testimony. She met the accused when he visited Jessel in her house on November 12, 1999. The
accused arrived in her house at about 5:30 p.m. while Jessel was out for a joy ride using the
accused’s car. When Jessel brought the car home, its headlights no longer functioned. The
accused thus decided to spend the night at Jessel’s place and left at about 7:00 a.m. the
following day.
14
Felicitas Balisi, wife of the accused, testified for the defense. She is the older sister of Raul,
Cristy’s father. She has two children with the accused. In 1993, when Cristy was only seven
years old, she started living with her and her family. Felicitas was not particularly delighted with
Cristy as she was hard-headed and not nice. She repeatedly stole money from them from the
time she started living with them. She and her husband brought Cristy with them wherever he
was assigned, first at Clark Air Base, then at Mactan Air Base in Cebu City. In June 1999,
Felicitas’ family stayed with her sister, Elizabeth Balisi, in San Pedro, Laguna as the accused was
assigned at Villamor Air Base in Pasay. The following month, Cristy no longer lived with Felicitas’
family. Felicitas rented a house for Cristy and her mother, Gertrudes Tullawan. They were later
joined by Cristy’s brother, Teodoro, who used to live with Felicitas’ sister, Dolores Balisi, as the
latter supported his studies.
In November 1999, the accused confided to her that he had a problem with a certain Silverio
Escobar who was asking for half a million pesos from him. Escobar was a neighbor of the Balisis
in Ogak, Norte, Tuguegarao and he used to play with Felicitas in the Balisi residence in their
childhood days. Escobar also asked money from Felicitas in October 1999 when she was in
Tuguegarao. He threatened her that if she did not give the amount, he would kill her husband.

Sign up to view the full document!

lock_open Sign Up
Showing Page:
3/7

Sign up to view the full document!

lock_open Sign Up

Unformatted Attachment Preview

Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 146458            January 20, 2003 PEOPLE OF THE PHILIPPINES, plaintiff-appellee,  vs. CAPT. MARCIAL LLANTO Y LEUTERIO, accused-appellant. PUNO, J.: The one battle the accused Capt. Marcial Llanto lost was fought against himself. He utterly failed to measure up to the yardstick of an officer and a gentleman when he was subdued by the beast in him and he committed lechery upon his minor kin. On February 29, 2000, an information for rape was filed against the accused Llanto, viz: "That on or about (the) twelfth day of November, 1999 at Pasay City and within the jurisdiction of this Honorable Court, the above-named accused, actuated by lust, with use of a knife, through force, violence and intimidation, and by taking advantage of his moral ascendancy over his twelve (12) year old minor niece MARIA CRISTY T. BALISI, did then and there willfully, unlawfully and feloniously have carnal knowledge of Ma. Cristy T. Balisi against her will and consent, to her damage and prejudice in whatever amounts may be awarded to her under provisions of the Civil Code. CONTRARY TO LAW."1 The accused pleaded not guilty. Trial ensued. The records show that Ma. Cristy Balisi was born to Gertrudes Balisi and Raul Balisi on December 20, 1986. Her parents separated when she was six months old and from then on her maternal grandmother took care of her until she was eight years old. Her mother lives with her (Cristy’s) uncle ...
Purchase document to see full attachment
User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Anonymous
Great! Studypool always delivers quality work.

Studypool
4.7
Trustpilot
4.5
Sitejabber
4.4