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Baleros vs People

 Baleros compared to People Dissertation

п»їRepublic of the Korea

SUPREME COURT DOCKET

Manila

SECOND DIVISION

G. R. No . 138033 В В В В В В March 22, 06\

RENATO BALEROS, JR., В Petitioner, В

or

PEOPLE OF THE KOREA, В Respondent.

D E C I S I U N

GARCIA, В J.:

Through this petition intended for review on certiorari, petitioner Renato Baleros, Jr. assails and attempts the change of the January 13, 99 decision1 of the Court of Appeals (CA) in CA-G. R. CR No . 17271 as reiterated in its 03 31, 99 resolution2 denying petitioner's motion for reconsideration. The assailed decision affirmed an early on decision of the Regional Trial Court (RTC) of Manila, Branch 2, in Criminal Case Number 91-101642 obtaining petitioner Renato Baleros, Jr. y David (CHITO) guilty of attempted rasurado. 3 The accusatory percentage of the information4 dated December 18, 1991 recharging petitioner with attempted rasurado reads since follow: That about one particular: 50 each morning or sometime thereafter of 13 12 , 1991 in Manila and within the jurisdiction of this Ethical Court, the above-named offender, by vigorously covering the face of Martina Lourdes T. Albano using a piece of towel soaked in chemical with dizzying effects, did after that and generally there willfully, illicitly, illegitimately, criminally, dishonestly, improperly and feloniously commenced the commission of rape simply by lying over her with the intention to have carnal knowledge with her but was unable to perform all the works of execution by explanation of some cause or perhaps accident aside from his individual spontaneous desistance, said acts being committed against her will and consent to her damage and prejudice. After arraignment in February a few, 1992, petitioner, assisted by simply counsel, pleaded " Simple. " 5 Thereafter, trial on the merits ensued. To show its case, the criminal prosecution presented thirteen (13) witnesses. Among them had been private complainant Martina Lourdes Albano (Malou), and her classmates, Joseph Bernard Africa, Rommel Montes, Renato Alagadan and Christian Alcala. Their testimonies, as narrated in certain detail inside the decision with the CA, founded the following information: Like most from the tenants in the Celestial Jessica Building (hereafter " Building", …) along A. L. Lacson Avenue, Sampaloc, Manila, MALOU, living in Room 307 with her maid, Marvilou Bebania (Marvilou), was a medical student from the University of Sto. Tomas [UST] in 1991. In the evening of December 12, inside Product 307, MALOU retired by around 15: 30. Exterior, right facing her bedroom door, her maid, Marvilou, slept on a folding foundation. Early morning of the following day, MALOU was woke up by the smell of chemical substance on a piece of cloth hard pressed on her encounter. She fought but could not move. A person was pinning her upon the bed, possessing her tightly. She planned to scream pertaining to help but the hands masking her mouth with towel wet with chemicals had been very restricted (TSN, July 5, 93, p. 33). Still, MALOU continued battling her attacker by hitting him right up until at last her right hand got free of charge. With this …the chance presented alone when the girl was able to get hold of his sex body organ which the lady then squashed. The man permit her go and MALOU went straight to the bedroom door and roused Marvilou. xxx. Over the intercom system, MALOU advised S/G Ferolin that: " may pumasok sa kuarto ko pinagtangkaan ako" (Ibid., p. 8). Who it was she would not, however , understand. The only thing the girl had produced out throughout their struggle was your feel of her attacker's clothes and weight. His upper dress was of cotton material while that at the lower portion experienced smooth and satin-like (Ibid, p. 17). He … was within the t-shirt and shorts … Original Records, p. 355). To Place 310 of the Building in which her classmates Christian Alcala, Bernard Baptista, Lutgardo Acosta and Rommel Montes had been staying, MALOU then proceeded to seek help. xxx. It was then when MALOU saw her bed … topsy-turvy. Her nightdress was stained with blue … (TSN, Come july 1st 5, 1993, pp. 13-14). Aside from the window with grillz which she had originally left opened, another windowpane inside her bedroom was now available. Her attacker had fled from her room experiencing...

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