A Study On the Challenges of the Public Prosecutors and Lawyers in Handling Rape and Sexual Assault cases.

By Priscilla Marie Corazon C. Rivero and Franz Hughanne R. Tionko

Abstract

Violence against women and children are infamously recognized in the global arena as a human rights concern. Rape, sexual assault and molestation are immoral acts that have been criminally prosecuted since the beginning of civilization, however, it still remains rampant in civil society increasing throughout time. These issues have never left society and have greatly affected the lives of those who had experienced them first hand. While there have been various studies made to contribute and to spread awareness globally, less works have been done in the local setting. Thus, the researchers decided to focus on the Challenges of the Public Prosecutors and Lawyers in Handling Rape and Sexual Assault cases. Included in the study are defining the aforementioned topics, Procedural Challenges faced by the Public Prosecutors and Lawyers, Laws Protecting Women, Agencies promoting Women’s Rights, Measurements done by the government to prevent such crimes from increasing, and lastly, the  Landmark Cases in Bacolod and the reason behind the rulings.

To supply the study with the sufficient data it needs, the researchers shall interview Public Prosecutors and Attorneys who handle rape, sexual assault and molestation cases to provide us with the proper legal advice and procedures for the steps to be taken to file such case. The researchers shall also interview survivors or living testimonies of such crimes and how it affected their lives and how they coped with it and what should be done.

By the end of the study the researchers aim to be able to clearly define and differentiate rape and sexual assault, to be able to supply the necessary legal procedures for filing a case under the aforementioned topics and lastly, to be able to provide recommendations on how to improve the services available to the victims and prosecutors alike.

II . Introduction 

The growing numbers on the violence against women and children, regarding cases on rape and sexual assault are not uncommon in the international and local arena. There have been multiple studies about rape worldwide, which tackles the harsh reality of the pervasiveness of rape, sexual assault and molestations internationally. Women from all over the world who experience these criminal acts do not usually come forward and report these incidents which makes the official number of rape cases difficult to determine and is only a close representation of the true number of rape cases (Sable et. al., 2006). 

To be more specific, rape is defined as the act of sexual assault according to the Revised penal code in Article 266-A by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. The crime of rape is classified under the Title Three of the Revised Penal Code as a Crime against Person and when committed against women can be punishable by life imprisonment.  According to the latest data collected by the Philippine National Police, from the start of Enhanced Community Quarantine in the Philippines on March 17 until August of 2020, there have been 3,016 reported rape cases nationwide, a daily average of 18 rape cases per day. The strict enforcement and implementation of laws has always been one of the root causes of the increase of these cases. 

 Several laws and measures have been created by the Legislature to ensure the protection of Women. Penalties in committing  such crimes are also stated and highlighted in the statutes promulgated to deter the future offenders to not commit the crimes. One of the most highlighted laws protecting women and children is Republic Act No. 9262, also known as “ Anti Violence Act against Women and their Children  of 2004.” This act recognizes the importance of the safety of the Women and their Children in the society and the need to protect them from threats to their safety and security and especially from violence.

Furthermore, measures have also been taken by the Philippine government to ensure the safety and protection of women and children. Philippine Commission on Women is one of the most respected government agencies promoting and protecting the rights of the women and of the children and has been recognized globally with was awarded by international organizations. 

e criminal justice system is in charge of investigating, prosecuting and punishing those who are guilty of crimes. A prosecutor is a legal representative that is in charge of  presenting a case in a criminal trial against the accused individual. Prosecutors play a vital role in keeping these criminals locked up in jail. Oftentimes, the hard work done by Lawyers and Prosecutors are forgotten and slightly appreciated thinking that it is their job after all to protect and to preserve the law. Lawyers and Prosecutors rarely have proper training and spend years on the job learning more about their profession. In this study, the researchers decided to focus on the challenges faced by prosecutors in the legal proceedings and in their everyday challenges as prosecutors.

III. Objectives

In this paper, the researchers aim to clearly define and distinguish rape and sexual assault. The researchers aim to be able to provide a clearer and broader viewpoint on the above mentioned topic to the readers. Researchers aim to be able to impart the challenges and difficulties faced by the prosecutors and lawyers to ensure the law is upheld and justice is served. Researchers also aim to supply the legal procedures in filing cases. Lastly, the researchers aim to be able to provide recommendations on how to improve the services available to the victims and prosecutors alike by the end of the study.

IV. Methodology

This section includes descriptions of the methods done by the researchers for:

1. Defining and differentiating Rape and Sexual Assault.
2. Imparting challenges faced by public prosecutors and lawyers in their daily job.
3. Providing recommendations on how to improve the services available to the victims and prosecutors alike by the end of the study.

To define and differentiate Rape and Sexual Assault, the researchers have gathered information and data from primary and secondary sources. The researchers have also gathered first hand information with regards to the Statistical data of rape cases filed in Bacolod for the fiscal years of 2019 and 2020. 

To gather data about the challenges of public prosecutors and lawyers , the researchers have interviewed prosecutors to discuss the challenges that they have faced or are continuously facing and their recommendations. The researchers have created guide questions that were used to ask the lawyers and the prosecutors to impart with us the daily challenges they face when handling the cases.

To provide recommendations on how to improve the services available to the victims and prosecutors alike, the researchers also interviewed the prosecutors on their recommendations with regards to the improvements necessary. 

V. Discussion

1. Definition

Sexual Assault

The term Sexual Assault can delineate a range of criminal acts that are sexual in nature; unwanted touching and kissing, to rubbing, groping or forcing the victim to touch the perpetrator in sexual ways ( Ketchell, 2018). Sexual Assault does not only refer to physical sexual assault but also to the psychological and emotional assault in a form of a sexual act without the victim’s consent. Sexual Assault does not always involve violence at all times but even invisible harm such as emotional distress or harm brought about by such act which cannot be seen are also considered as dangerous as the ones in physical form. 

Sexual Assault has a broader definition as it is defined to be any unwanted sexual contact and is not limited only by means of penetration but also includes the touching, fondling or anys type of sexual contact or behavior that occurs without the explicit consent of the victim.

Rape

What separates sex or gesture of affection from rape and sexual assault is a matter of consent. Rape happens when there is sexual penetration without the consent of the victim. Penetration can be in the vagina, anus or mouth by the penis. There is also an act of rape when a person penetrates another person’s vagina with any object.  

According to Article 266-A of the Revised Penal Code,  Rape is committed when:

2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of  sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

Looking closely at the definition of the Revised Penal Code, there was no mentioning of the consent of the victim or the lack thereof. In the United States, the definition of rape specifically contained the term “without the consent of the victim”. Althought the lack of consent is already implied within the definition of rape in the Revised Penal Code, it needs to be clearly stated to add more clarity in the law. Moreover, during the 7th and 8th Convention of CEDAW in 2016, the committee recommended to expedite the amendment of the Anti-Rape Law of 1997, putting lack of consent as the primary element of the definition of rape and raising the minimum age of sexual consent, currently set too low at 12 years, to at least 16 years. 

Center for Women’s Resources estimate that the number of rape cases increased by 92 percent from the year 2010 which had 5,132 cases to 9,875 in the year 2014. Meaning that there was a 200 percent increase in the Violations of the Anti-Violence Against Women and Children act from the year 2010 to 2014. Center for Women’s Resources also introduced in republic act 8353,as amended, that the act emphasizes absence of consent as the essential element of the crime of rape, over evidence of physical resistance and external injuries

In 2018, Rape was coined as the fourth most prevalent crime in the Philippines; Theft being the first, Physical injury and Robbery as the second and the third respectively. As shown in the Graph below. 

TABLE I. Most prevalent crimes in the Philippines in 2018, by type

Source: https://www.statista.com/statistics/1170835/philippines-most-prevalent-crimes/ 

According to the data from the Philippine National Police in Bacolod City, a total of 25 cases were reported in the year 2019. By the end of 2020, the data from the PNP revealed that there was an increase of 5 more cases reported compared to the previous year thereby having a total number of reported rape cases of 30 by the end of 2020.

TABLE II. PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE 6                   

BACOLOD CITY POLICE OFFICE

Women and Children Protection Desk

Source:  Philippine National Police –  Bacolod, Bacolod City Police Office – Women and  Children Protection Desk

2. Distinguish Rape and Sexual Assault 

Distinguish Rape from Sexual Assault:

Rape and Sexual assault are terms that are often interchangeably used. Although the terms are almost synonymous with each other, there are distinctions to the terms. Although, Rape is a form of sexual assault not all sexual assaults are rape. These are not new to the public since these problems have become prevalent as time passes. The importance of distinguishing both terms does not only for prevention but this can also be helpful to diagnose properly the offense committed by the offender. Knowing the proper meaning and the distinctions of both rape and sexual assault may help in broadening one’s horizon and awareness to the prevalent crimes in the country. 

Rape and Sexual assault are both assaults in which the consent of the victim is not given. These are unwanted Sexual assaults. To reiterate the definition of Rape and Sexual Assault, while Sexual Assault is any form of sexual contact that is not consented by the victim, Rape is only a form of Sexual Assault and not all sexual assaults are rape. 

Rape is forced sexual intercourse, including vaginal, anal, or oral penetration. Penetration may be by a body part or an object. Sexual Assault is unwanted sexual contact that stops short of rape or attempted rape. This includes sexual touching and fondling and molestation without the consent of the victim. This does not only mean physical violence but also the invisible harm brought by such acts like emotional harm or distress.   

3. History of Laws Protecting Women 

source: http://www.canva.com

Before the 1987 Constitution, the law was silent with regards to the role of women in society. The country lived in a purely male dominated society and it was not easy for a woman to work in such an environment. The first national strategic plan to address the advancement of Filipino women in society was the National Commission on the Role of Filipino Women (NCRFW) in lieu with the Presidential Decree no. 633 in 1975.

After several years, it was only until the promulgation of the 1987 Constitution when a specific provision in the constitution was made about the equality of men and women. Such provision is written as, The state recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. This is found in Section 14 Article II of the 1987 Constitution. Since then, various laws have been promulgated to protect women from all forms of violence as well as other issues with regards to the role women play in the Philippine society. 

Republic Act 7610 is also known to be the Special Protection of Children against Abuse, Exploitation and Discrimination Act. The state declares to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation, discrimination and other forms in which can be detrimental to their development. This Act also provides sanctions to offenders and carry out programs for prevention and deterrence of said abuses. This Act also gives permission for the state to intervene on behalf of the child when the parent,guardian, teacher or person having care and custody of the child fails or is unable to protect the child from abuse,exploitation and discrimination when it is committed by the said parties. The best interest and the well-being of the child will be of paramount consideration in all actions concerning the children irregardless if they are under the wings of public or private institutions. The act defines and provides sanctions for the immoral and detrimental acts committed against the child. 

Republic Act 9262 also known as the  Anti-Violence Against Women and their Children Act declared that the dignity of women and children and guarantees full respect for human rights are valued by the State. The State also declared that it recognizes the need to protect the family in which it emphasizes the protection of women and children from threats to their safety and security and violence against them. This law provides security of the woman and her children with the aid of the barangay officials, LGUs, court personnel, social welfare and health care providers to provide the protection that is necessary and to support the victims. This act ensures to eliminate discrimination of all forms and shall address and exert efforts to the violence committed against women and children and to promote the constitutional rights guaranteed by the Constitution, the Provisions of the Universal Declaration of Human rights, the convention on the Ellimination of all forms of discrimination against Women, Convention on the rights of the Child and other international human rights instruments in which the Philippines is a party thereof. This Act also defines the crime of violence against women and their children of which is committed through any of the acts mentioned in the provisions of this Act .

Republic Act No. 8353 or the Anti-Rape Law expanded the definition of Rape and reclassified the same as a crime against persons under Title Eight of the Revised Penal Code, as amended. This act recognizes rape a sa public crime rather than a private crime. This act also increased penalties against rape. It recognizes marital rape and questions the notion of sexual obligation in marriage. This act takes into consideration that even without penetration, the use of objects constitutes sexual assault which is also considered as a form of rape.  

Republic act 10364 also known as the Expanded Anti-Trafficking in Persons (RA 9208:  Anti- Trafficking Persons Act of 2003).  This act expands  Republic Act 9208 in which the Act’s objective is to eliminate trafficking in persons especially women and children and provides for the necessary institutional mechanism for the protection and support of the trafficked persons. RA 10364 specifically mentions expanded definitions of acts which constitute Trafficking in Persons and provides for the increased penalties and sanctions of the crime. Center for Women’s Resources also introduced in republic act 8353,as amended, that the act emphasizes absence of consent as the essential element of the crime of rape, over evidence of physical resistance and external injuries

Republic Act No. 8505 or the Rape Victim Assistance & Protection Act provides assistanc and protection for victims of rape and establishes a rape crisis center in every province and city. The government shall coordinate its various agencies and non government organization to work in hand for the establishment and operation of rape crisis center in every province and city that shall help in the litigation of the victims’ cases an their recovery. 

Republic Act 9710: Magna Carta of Women. This is a comprehensive women’s human rights law in which its sole concept is to eliminate discriminiation by recognizing, protecting as well as promoting the rights of Filipino women most especially those who belong to the marginalized sectors of society. Due to this act, the government has established the responsibility in the promotion of the Convention on the Elimination of Discrimination on Women (CEDAW).

RA 7877 or the Anti-Sexual Harassment Act makes unlawful incidents involving unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct that is of sexual nature be it directly or indirectly in the employment, education or training environment.

Republic Act 10354 is also known as the Responsible Parenthood and Reproductive Health Act of 2012. The State shall protect and advance the right of families in particular and the people in general to a balanced and healthful environment. The State recognizes and guarantees the promotion and equal protection of the welfare and rights of the children, the youth and the unborn. The State recognizes marriage as an inviolable social institution and the foundation of the family in which the State recognizes family as the foundation of the nation.

Administrative Order 1-B of 1997 or the DOH Policy on the establishment of Women & Children’s Protection Units (WCPU)  and Administrative Order 2013-0011  which involves revised guidelines on the establishment of WCPUs in all hospitals were promulgated as a response to the increasing number of women and children who consult due to cases of violence, rape, incest and other related cases. This Administrative order supports the Government Health Sector Reform Agenda, the Convention on the Rights of the Child, the Convention on the Elimination of all forms of discrimination against Women, the Beijing Platform for action, The Child Protection Law, Anti-Violence against women and their children’s act of 2004, the Anti- Rape Act of 1998, the Rape Victim Assistance and Protection Act of 1998 and the Magna Carta of Women of 2009.

Administrative Order 2014-0002 or the Violence and Injury Prevention serves as the overarching Administrative Order of different policies concerning the violence and injuries.

D. Governmental Agencies

In 1997, Administrative Order 1-B or the “Establishment of a Women and Children Protection Unit in All Department of Health (DOH) Hospitals” was promulgated in response to the increasing number of women and children who consult due to violence, rape, incest, and other related cases. Since AO 1-B was promulgated, various agencies from both the government and the private sector have emerged. This was the stepping stone that the Department of Health needed in order to bring the nation forward with regards to the local protection of women as well their children.

Department of Health

The vision of the program is a gender-fair and violence free community where women and their children are empowered. In order to easily materialise the whole concept of AO 1-B, the Department of Health works hand in hand with the following Local & International Development Partners:

Philippine Commission of Women

Department of Social Welfare and Development

Department of Interior and Local Government

Department of Justice

Department of Labor and Employment

Philippine National Police

National Bureau of Investigation

Civil Service Commission

Commission on Human Rights

Child Protection Network

SAVE the Children

World Health Organization

UNICEF

As mentioned above, one of the partners of the Department of Health in the implementation of AO 1-B is the Philippine Commission on Women (PCW). PCW is currently the primary policymaking and coordinating body on women and gender equality concerns. PCW was formerly known as the National Commission on the Role of Filipino Women (NCRFW). It was because of the promulgation of RA 9710, otherwise known as the Magna Carta of Women, the NCRFW was renamed to PCW. The whole program was expanded and revised with the assistance from the Department of Budget and Management.

To further establish a more efficient way of providing service to the victims and survivors of various forms of abuse on women, the implementing rules and regulations of the Magna Carta of Women provides for the establishment of a VAWC desk in every barangay. Violence Against Women and Children (VAWC) desk serves as the frontline service provider to all victims of sexual, psychological, economic and all other forms of abuse. 

The Barangay VAWC desk functions primarily as follows:

• Assist VAW victims in securing Barangay Protection Order (BPO) and accessing necessary services.
• Respond to gender-based violence cases brought to the barangay.
• Record the number of gender-based violence cases handled by the barangay and submit a quarterly report on all VAW cases to the DILG City/Municipal Field Office and the City/Municipal Social Welfare Development Office (C/MSWDO).
• Keep VAW case records confidential and secured, and ensure that only authorized personnel can access it
• Develop the barangay’s gender-responsive plan in addressing gender-based violence, including support services, capacity building, and referral system;
• Coordinate with and refer cases to government agencies, non-government organizations (NGOs), institutions, and other service providers as necessary;
• Address other forms of abuse committed against women, especially senior citizens, women with disabilities, and other marginalized groups;
• Lead advocacies on the elimination of VAW in the community and perform other related functions as may be assigned.

Visit PCW’s VSWC website for more details and hotline inquiries.

Table III. Total Number of Reported Sexual Abuse Cases in Negros Occidental

To be more specific, above is a graph which shows the total number of VAWC cases on sexual abuse in Negros Occidental for the fourth (4th) quarter of the year 2019 and the first (1st) quarter of the year 2020. In 2019, there were only 12 reported cases of sexual abuse but soon after, there were 21 cases reported by the end of the 1st quarter of 2020. Therefore, the data revealed that there was an increase of 57% in the number of sexual abuse cases from the 4th quarter of 2019 to the 1st quarter of 2020. The city with the most number of reported cases of sexual abuse in 2019 is Binalbagan City with a total of 6 cases. Silay City and Kabankalan City have also reported a total number of cases amounting to 4 and 2 consecutively. In 2020, Sagay City reported the highest number which recorded 11 cases of sexual abuse. 

E. Challenges of Public Prosecutors and Lawyers

source: http://www.canva.com

Prosecutors and Lawyers play a crucial role in administering justice and to belong in such a profession requires fairness and in full compliance to the Law. A prosecutor must secure a fair trial, one which is adjudicated, tested and tried with regards to the law and the credibility of the evidence presented in which would result in the indictment of the guilty or the acquittal of the innocent. 

It is of no mention that the life of a public prosecutor is a difficult one. Needless to say the requirements to become a prosecutor is also just as challenging.  According to Eight United Nations Congress on the Prevention of  Crime and the Treatment of Offenders, the Guidelines on the Role of Prosecutors was highlighted wherein their roles in the criminal proceedings, qualifications, conditions and discretionary functions as the median to administering justice was established. 

According to the Qualifications, Selection and Training mentioned in the Guidelines on the Role of Prosecutors; 1. Persons selected as prosecutors shall be individuals of integrity and ability, with appropriate training and qualifications; 2. States shall ensure that:(a) Selection criteria for prosecutors embody safeguards against appointments based on partiality or prejudice, excluding any discrimination against a person on the grounds of race, colour, sex, language, religion, political or other opinion, national, social or ethnic origin, property, birth, economic or other status, except that it shall not be considered discriminatory to require a candidate for prosecutorial office to be a national of the country concerned; (b) Prosecutors have appropriate education and training and should be made aware of the ideals and ethical duties of their office, of the constitutional and statutory protections for the rights of the suspect and the victim, and of human rights and fundamental freedoms recognized by national and international law. Regarding the conditions of service established in the same article; 1. Prosecutors, as essential agents of the administration of justice, shall at all times maintain the honour and dignity of their profession; 2. States shall ensure that prosecutors are able to perform their professional functions without intimidation, hindrance, harassment, improper interference or unjustified exposure to civil, penal or other liability; 3. Prosecutors and their families shall be physically protected by the authorities when their personal safety is threatened as a result of the discharge of prosecutorial functions; 4. Reasonable conditions of service of prosecutors, adequate remuneration and, where applicable, tenure, pension and age of retirement shall be set out by law or published rules or regulations; 5. Promotion of prosecutors, wherever such a system exists, shall be based on objective factors, in particular professional qualifications, ability, integrity and experience, and decided upon in accordance with fair and impartial procedures. 

Their role in criminal proceedings is indispensable as they perform a very active role which includes the institution of prosecution, investigation of crime, supervision of the legalities of the investigations and of the execution of court decisions and lastly as a representative of public interest. The Prosecutors are expected to fairly, consistently and expeditiously perform their duties and to respect and protect human dignity, uphold human rights and to ensure smooth functioning of the criminal justice system and secure the rights of the accused for a due process. Thus, the Prosecutors shall not initiate or continue the prosecution when there is impartial investigation showing the charge to be unfounded. Crimes committed by public officials, particularly corruption, abuse of power, grave violations of human rights and other crimes recognized by international law and where authorized by law or consistent with local practice, shall be given due attention in the investigation of such offenses. When the evidence is obtained unlawfully, especially those which constitute a grave violation of the suspect’s human rights or one which involves torture or cruelty, inhuman or  degrading punishment or any other abuses of one’s rights, the Prosecutors shall refuse to admit such evidence against anyone other than those who used such methods. The Prosecutors are to inform the Courts and shall take the necessary measures to ensure that justice be served for using such methods.

A criminal prosecution is initiated through the filing of a complaint to a prosecutor who shall be in charge of conducting a preliminary investigation in order to determine if there is a probable cause that the accused should be held for trial. Public prosecutors are given the discretion to determine whether or not there exists a probable cause that the accused is believed to have committed a crime as defined by law and should be held for trial.  

Challenges and obstacles in a profession are inevitable. No workplace is perfect but one can ensure that their duties are lawfully and truthfully performed. Challenges faced by the prosecutors with their jobs is not something that is unfamiliar to them. According to “ Common Problems on Access to Justice,” 2004, there are instances where there is a shortage of legal practitioners of which the lawyer to client ratio is unproportionate which ends up causing problems in the access to justice of the complainant. Delays are very common due to excessive number of backlogs. Common causes of delays are the lack of infrastructure, funding, personnel and sometimes competent judges which further removes the trust of the people to the Criminal Justice System. Causes of delays may also include lawyer attributed delays as that of incompetence, unprofessionalism, series of filing for petitions for extensions or postponements and the inclination to the filing of the petition for prohibition, mandamus or certiorari. Judge attributed delays are also common in cases where the judge has insufficient knowledge on the repealed laws and updates on the current jurisprudence, leniency in granting postponements and in the implementation of the rules of court,  piece-meal trials,  incompetence and of the judge’s poor skills when it comes to administrative skills and management. Delays can also be caused by  the delays in the transmittal of the case to the Office of the Prosecutor, unsolved investigations, non-appearance during trial, lack of internal coordination, heavy prosecutor workload, incompetence, Lack of Court resources and facilities, delays in the delivery of notices, and institutional weaknesses.  

Survey on the Challenges of Prosecutors and Lawyers in Handling Rape and Sexual Assault Cases

The Researchers have interviewed various lawyers and prosecutors to impart their insights on the challenges that they face in handling Rape and Sexual Assault. 

Question #1: What are the common problems you encounter in handling cases about Rape and Sexual Assault?

Data shows that the most common challenge that the prosecution face in handling Rape and Seual Assault Cases is in dealing with evidence. Evidence is indispensable to prove one’s guilt beyond reasonable doubt; thus, when there is no evidence or when there is a problem with the submitted evidence the consequences can be costly as this will affect the entire case. The Standard per Court and when the Offended Party Settles both scored second. Respondents labeled third the Challenges of which are Witness-related and Investigation. The Schedule  and filing issued ,as labeled by respondents, are the ones that they have less problems with.

Question #2:  If not mentioned above, what are the other procedural challenges you usually face?

The respondents, who are Lawyers and Public Prosecutors, answered that the procedural challenges they usually face are the delays brought about by the absence of the private complainant during trial. Another issue faced which was mentioned in the survey were the procedural delays in processing requirements. 

Question #3: How long does the procedure usually last in the Municipal Trial Court?

It was mentioned by the respondents that Rape cases are handled in the Regional Trial Courts. The majority have responded that it usually takes at least 6 months or even years to resolve a case. 

Question #4: How are you able to conduct your investigation despite the current pandemic?

It was noted in the survey that due to the Covid 19 Pandemic, investigations had to rely on alternative means of communication which was mostly conducted online. These were done by either videoconferencing or teleconference. For personal interviews, safety protocols were followed by using face masks and face shields. Additionally, other means of investigation were done using documentions such as the complaint affidavit, supporting evidence as well as counter-allegations of the respondent.

Question #5:  What happens when the offended party settles?

When the offended party decides to settle this eventually leads to the dismissal of the case. This is because the prosecutors can no longer conduct investigations since the victim has already rescinded. In rape cases, it is usually the victim who can give a full testimony of the entire incident, without someone to testify the case can no longer prevail thus leading to its dismissal.

Question #6:  What personal challenges do you usually encounter?

There were 4 specific challenges that can be noted from the survey. First is the emotional and psychological aspect in handling a sensitive case such as rape. Second is the duty of the prosecution to defend the accused no matter how guilty he or she is since there are still rights to be defended. Third would be the difficulty in managing the traumatic experience of the victim. Finally, if the complainant is a family member, relative, or close friend there is an increased probability of a settlement and the dismissal of the case.  

Question #7: Are there any recommendations that you would like to impart with regards to improving the services of our justice system?

The respondent recommended that there was a need to make more courts to unclog the other courts of cases being handled. Also they suggested that an update in the legal system should be made in order to provide a speedier and more efficient way of processing cases. More courtrooms should also be a priority for decongestion and to fully accommodate the increasing demands and time-bound cases.  

F. Filing A Criminal Case

Securing the services of an efficient lawyer would be one of the first which one has to make secure first to make sure that the criminal complaint will be properly lodged. 

First step is to report the incident to the police authorities and have the incident blottered, the victim then should get  checked by the medico legal,   afterwards comes the preparation of a complaint affidavit. Once the document is complete and the report from the medico legal is on file, the complaint should be filed before the city prosecutor’s office. 

The respondent will be subpoenaed to file his counter affidavit within 10 days from receipt. Afterwards, the preliminary investigation is submitted for resolution. Preliminary investigation is an inquiry or proceeding to determine whether the grounds are sufficient to support that the crime has been committed and there is a possibility that the accused is guilty and should be held for trial. If the grounds are insufficient, the case will be dismissed by the prosecutor. Whereas, if the Motion if denied, one may seek remedy from the Department of Justice .When a resolution is issued finding probable cause that a crime of rape is committed by the respondent the appropriate information is then filed in court. The prosecutor will correspondingly file an information in court with the recommended bail. The exception is when the accused is found guilty  of a certain crime punishable by reclusion perpetua.  Then, the judge where the information is raffled and  filed will make another determination of finding a probable cause for purposes of the issuance of the warrant of arrest. 

After the accused is arrested, he will be arraigned and pre trial will be conducted. The prosecution will first present its evidence then the defense will present its evidence. The prosecution, at its discretion, will present rebuttal and the defense surrebuttal but the rebuttal evidence is optional. After the presentation of evidence, it will be followed by the promulgation of judgment. 

No more the medico legal participation after this is to testify in court during the prosecution’s presentation of evidence. No more psychological assessments. There is only therapy available for the victim.

source: Prosecution Offenses, The LAWPhil Project, 2000, https://www.lawphil.net/courts/rules/rc_110-127_crim.html

G. Landmark Cases in  Bacolod:

source: http://www.canva.com

I. GR 133589
PEOPLE OF THE PHILIPPINES v. FELIZARDO GONZALES y ALTARES

Katherine M. Gonzales was born on 10 October 1984 to the spouses Leopoldo Gonzales and Remedios Makilan. She had just turn twelve years old at the time of the first incident and was in the graduating elementary class of the Negros Occidental High School . She and her five elder brothers began living with their paternal grandmother, Herminia Gonzales, at Alunan-Yulo Street, Bacolod City, two years prior to the incident , because their father Leopoldo was serving a prison sentence at the National Penitentiary on a drug conviction, while their mother Remedios was in Qatar, working as a domestic helper. They shared the house with their uncle FELIZARDO who is Leopoldo’s younger brother, and cousin Joan, the illegitimate daughter of their Aunt Titing. They also shared one room at the ground floor of Herminia’s house. KATHERINE, Joan, and their “Mama Minyang, ” who was said to have occupied the biggest bed, a “matrimonial” bed with only a mat for a mattress. About one arm’s length away, her brothers Renpol and Richard slept on a smaller bed with FELIZARDO. Her two other brothers, Ruel and Reggie, occupied the other bed, which is behind the cabinet (“aparador”) serving. 

The first incident occurred on 29 October 1996. Herminia woke up KATHERINE at around 4:00 a.m., as she usually did, so that the latter could close the door and turn off the lights when she left for the Libertad Market to shop for goods to be peddled. After complying with her grandmother’s instructions, KATHERINE went back to their room. She was surprised to see her “Uncle Zardo,” who was holding a flashlight in the dark room. Felizardo raped the victim Katherine Gonzales and took advantage yet again as such violation was repeated on the 5th, 6th and 9th of April 1997. Likewise, Katherine clearly remembered these dates because she graduated from elementary on April 3, 1997. He employed the same modus operandi each time when Patricia had left for the market and KATHERINE had gone back to sleep after closing the door and turning off the light, FELIZARDO would crawl toward her. First, he would move Joan aside, then he would undress Katherine, suck her nipples, lick her vagina, and rape her. He never kissed her lips. Her brother never woke up whenever Felizardo performed his evil acts because they were heavy sleepers. 

On 3 March 1998, a decision was rendered in Criminal Case No. 97-18570 by the Regional Trial Court of Bacolod City, Branch 50, finding herein accused-appellant Felizardo Gonzales y Altares guilty of the crime of rape and sentencing him to suffer the ultimate penalty of death. The Supreme Court Affirmed the decision of the lower court ,per curiam, in which the Supreme Court found the accused-appellant FELIZARDO GONZALES y ALTARES guilty beyond reasonable doubt of the crime of rape and is sentenced to suffer the supreme penalty of DEATH. KATHERINE was less than 18 years at the time of its commission and FELIZARDO is her uncle, a relative by consanguinity within the third civil degree. A niece is defined as the female child of a brother or sister, or the daughter of one’s brother or sister or of one’s brother in law or sister in law. Under article 335 of the Revised Penal code ,as amended by Section 11 of R.A. No. 7659, the death penalty shall be imposed if the victim is under eighteen (18) years old and its offender is, among others, a relative by consanguinity or affinity within the third civil degree. The Penalty of DEATH was affirmed with modification that accused-appellant is ordered to pay the offended party, Katherine M. Gonzales, the amounts of ₱75,000 as civil indemnity, ₱50,000 as moral damages, and ₱50,000 as exemplary damages.In accordance with Article 83 of the Revised Penal Code, as amended by Section 25 of Republic Act No. 7659, upon finality of this decision, let the records of this case be forwarded to the Office of the President for possible exercise of pardoning power. 

  The Supreme Court further held that the Trial Court erred in not finding that the testimony of a private complainant was punctured with material improbabilities thereby casting grave doubts on the criminal culpability of the accused-appellant. The supreme court held that the trial court erred when it made no pronouncements to Felizardo’s civil liability on the ground that Katherine recanted her testimony. The Court further held that Katherine is by law entitled to an award of indemnity which current jurisprudence fixes at Php 75,000, as well as damages is in order without any proof of its basis. Lastly, exemplary damages in the amount of P50,000 is likewise imposed upon FELIZARDO, not to punish him or to enrich KATHERINE, but to serve as a deterrent against or as a negative incentive to curb socially deleterious actions.

source:

G.R. No. 133859: People of the Philippines v. Felizardo Gonzales y Altares,
Chan Robles: Supreme Court Manila, 2000, p.1-3, https://lawlibrary.chanrobles.com/index.php?option=com_content&view=article&id=40411:g-r-no-133859-august-24,-2000-people-of-the-phils-v-felizardo-gonzales&catid=1396&Itemid=566

II. GR. No. 243580

November 13, 2019

People of the Philippines vs Ponciano Abarientos

AAA became a victim of rape at the age of 9 years old. She testified that on December 31, 2011 at around 7pm Ponciano Abarientos who was known to her as Lolo Junior and a neighbor for about three years asked her to buy rice and cigarettes. Suddenly, after ordering her to cook rice the accused pulled AAA towards the bed and committed acts of lasciviousness upon the latter. The accused threatened AAA and told her that he was going to kill her if she told her mother about the incident. Afterwards, AAA was given P20.00 by the accused and was told to go home. 

Apart from the incident which happened in december, AAA testified that on June 17, 2012 she was once again forced by the accused who pulled her by her feet and was made to lie down on his bed. This time she was raped as the accused inserted his penis into her vagina and made push and pull motions. However, AAA did not resist because she was scared that something might happen to her mother. Then again, she was given P20.00 by the accused and told her to go home. 

Soon after, AAA had a fever and told her mother that the accused raped her. BBB, the mother of AAA,  brought her to the police station to report such an incident.  AAA was then interviewed at the Women’s Desk at the station and was brought to the medico-legal officer of Bacolod City, Dr. Eli C. Cong. Dr. Cong testified that AAA had injuries which were consistent with possible sexual intercourse between a 9 year old minor and an adult male. Hymenal lacerations were also noted in the medical assessments done upon the victim. 

Contrary to what AAA testified, the accused denied all the charges against him claiming that the reason why he was being charged was because he had stopped giving money to the other siblings of the victim.

Hence, the accused-appellant who is known as Ponciano Abarientos was charged with the following crimes:

1. Criminal Case No. 12-36758: Acts of Lasciviousness under Article 336 of the RPC in relation to section 5(b), Article III of R.A. 7610 for the incident on December 31, 2011.
2. Criminal Case No. 12-36759: Rape under Article 266-A of the RPC for the incident on June 17, 2012.
3. Criminal Case No. 12-36760: Rape under Article 266-A of the RPC for an incident sometime in January 2012.

In the Regional Trial Court, accused was found guilty beyond reasonable doubt of the crimes of Acts of Lasciviousness and Rape. The courts noted that the prosecution has indeed established that the accused had sexually molested and raped AAA. It was also seen that the alibi and defense is not believable. 

Similarly, the Court of Appeals affirmed the conviction of the accused. The CA held that the elements of both Acts of Lasciviousness and Rape were clearly established as present by the prosecution. However, unlike the RTC which convicted the accused for all 3 charges, the CA acquitted the 3rd criminal charge since the prosecution was not able to show enough evidence thereof. 

The Supreme Court ruled in favor of the ruling of the Court of Appeals. The SC dismissed the appeal since the accused failed to show that the CA committed any reversible error in affirming the findings of the facts of the RTC. The higher court regarded that failure to immediately report the lascivious conduct and rape will not negate the commission of the crime or tarnish the credibility of the victim. It was noted that the victim was a child and the accused was someone whom the victims called as LOLO JUNIOR. Fear had crippled the child which led to her forced silence. Additionally, the absence of shouting for help and remaining silent for a period of time is not an indication that the charges were fabricated. The courts have already consistently found that there is no uniform behaviour that can be expected from those who have had the misfortune of being sexually molested. Furthermore, AAA being a child at the age of 9 cannot be expected to act like an adult and force upon her certains acts after being molested. 

Finally, Ponciano Abarientos was then found guilty beyond reasonable doubt by the Supreme Court and affirmed the ruling of the Court of Appeals on June 29, 2018 with modifications. The accused was imposed an indeterminate penalty of 12 years 10 months and 21 days of reclusion temporal as minimum sentence and 15 years 6 months and 20 days of reclusion temporal as maximum sentence. Fines were also imposed. 

source: Battung, M. III,G.R. No. 224580: People of the Philippines v. Ponciano Abarientos, Supreme Court Manila, 2019, p.1-13, https://www.lawphil.net/sc_res/reso2019/nob2019/pdf/gr_243580_2019.pdf

III. G.R. No. 229836

 July 17, 2019

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs.██████████████, Accused-Appellant

AAA testified that she was only in grade one at the age of eight (8) years old when her stepfather had first abused and molested her. It was during the first incident when AAA told BBB, who was her mother, but the latter did not believe her. Then, 3 days later another rape incident happened. During the interview AAA mentioned that the accused had carnal knowledge of her and that she had endured the pain and suffering until she was thirteen (13) years old. AAA claims that the accused sexually ravished her several times over from 1999 until 2004. Through the years she wanted to report the rape incidents but because of shame and fear, failed to do so. However in July 2004, AAA finally mustered the courage to narrate her ordeal to her friend Portia, who in turn told her aunt Lucia Lawas. Then, Lucia Lawas took AAA to a priest and then to a social worker at the DSWD. Afterwhich, AAA was recommended to undergo physical examinations and there 2 Doctors diagnosed that she had sustained hymenal lacerations on her vagina.

The accused was then indicted for violation of Section 266-A in relation to 266-B of the Revised Penal Code in 42 separate Informations docketed Criminal Case Nos. DNO-3393 through DNO-3434 and another eleven (11) separate Informations docketed Criminal Case Nos. DNO-3435 through DNO-3445,appellant was indicted for simple rape. All fifty-three (53) cases got consolidated before the Regional Trial Court, Branch 25, Danao City, Cebu

In the RTC, it was rules that the prosecution was only able to prove two (2) counts of statutory rape. The first one was when AAA was only 8 years old and  the second one which happened 3 days later sometime in 1999. The courts ruled that the prosecution failed to prove how each of the other 51 counts of rape was committed. It was therefore decreed that the acused was guilty of 2 counts of statutory rape under Criminal Cases (sic) No. DNO-3393 and DNO-3394 and sentenced him to suffer the penalty of RECLUSION PERPETUA under paragraph 3, Article 335 of the Revised Penal Code, as amended by R.A. 7659 for each of thetwo (2) counts of rape committed. The accused was also directed to pay the victim the amount of P50,000.00 as civil indemnity ex delictoand the amount of P50,000.00 as moral damages, conformably to current jurisprudence for each of the two (2) crimes of rape committed. The other 51 charges were acquitted due to lack of proof beyond reasonable doubt.

In the CA, the defense alleged that AAA’s testimony was inconsistent and improbable because when the victim was asked directly she claimed that the incident happened in the afternoon but on the cross, she mentioned that it was in the morning. The appellant also claims that it was impossible for him not to have removed his penis from the victims vagina for an hour thereby making such an incident improbable. Lastly, the appellant also alleged that the date and time were not properly proven by the prosecution which gives doubt to the actual occurrence.

However, the Office of the Solicitor General noted that the testimony of AAA should be given weight. It is also noted that exact date and time of the rape incidents are not essential elements of rape. Also, since AAA was still very young during the incident, she cannot be expected to recall the exact date and time when her traumatic experience took place. What is important that AAA was able to give positive and categorical testimony on how the two (2) rape incidents occured and who the perpetrator was. And so the CA denied the appeal and affirmed the ruling of the RTC with modifications.

The issue brought to the supreme court is whether or not the trial courts erred in the conviction of the accused for 2 counts of statutory rape. The supreme court affirms the conviction of the accused in Criminal Case Nos. DNO-3393 and DNO-3394 but for qualified rape, not for statutory rape. According to the SC during the interview, the victim was able to give a consistent and spontaneous testimony and her eloquence is enough to confirm the veracity of the charges since she was the one who had experienced the incident. It was also noted that due to her young age, she is not expected to recount with exactitude every detail of the incidents which happened 12 years ago. Rape is such a painful and humiliatiing experience, giving an errorless recollection of the rape incident cannot be expected from the victim. Since time is not an element of rape, the inconsistensies with regards to the recollection of the victime will not affect her credibility as a witness. 

Moreover, a child’s perception of time is not mature enough as that of an adult thereby dismissing issues with regards to the penis of the accused staying in the vagina for an hour. The SC also noted that the respective Informations in Criminal Case Nos. DN0-3393 and DN0-3394 allege that the dates of commission of the two rape incidents were “on or about January 4, 2000” and “sometime in the month of February, 2000,” respectively. Yet, the discrepancy of the dates of commission in the twin Informations and AAA’stestimony that both rape incidents happened in 1999, is not fatal. People v. Nazareno  teaches:

The argument of the accused is specious. An information is intended to inform an accused of the accusations against him in order that he could adequately prepare his defense. Verily, an accused cannot be convicted of an offense unless it is clearly charged in the complaint or information. Thus, to ensure that the constitutional right of the accused to be informed of the nature and cause of the accusation against him is not violated, the information should state the name of the accused; the designation given to the offense by the statute; a statement of the acts or omissions so complained of as constituting the offense; the name of the offended party; the approximate time and date of the commission of the offense; and the place where the offense has been committed. Further, it must embody the essential elements of the crime charged by setting forth the facts and circumstances that have a bearing on the culpability and liability of the accused, so that he can properly prepare for and undertake his defense.

However, it is not necessary for the information to allege the date and time of the commission of the crime with exactitude unless time is an essential ingredient of the offense. In People v.Bugayong, the Court held that when the time given in the information is not the essence of the offense, the time need not be proven as alleged; and that the complaint will be sustained if the proof shows that the offense was committed at any time within the period of the statute of limitations and before the commencement of the action. (Emphasis supplied)

More, AAA was physically examined twice: first by a doctor at Danao General Hospital, and second by Dr. Liwayway Reyes of VSMMC. Dr. Reyes found that AAA sustained deep notches at 3, 7, 10, and 12 o’clock positions. Medicalexpert Dr. Naomi Poca of VSMMC testified that a finding of 7 o’clock notch is suggestive of an injury caused by a blunt instrument. Dr. Poca further opined that if the subject had no history of operation or accident, said notch couldhave been caused by sexual abuse.

Verily, therefore, AAA’s assertion that she had been sexually ravished at least twice in 1999, as charged in CriminalCase Nos. DNO-3393 and DNO-3394, solidly conforms with the medical certificate and Dr. Poca’s expert testimony.Indeed, where the victim’s testimony is corroborated by physical findings of penetration, there is sufficient basis for concluding that sexual intercourse did take place.

Under the foregoing provisions, rape is qualified when: a) the victim is under eighteen (18) years of age; and b)committed by the victim’s parent, ascendant, step-parent, guardian, or relative by consanguinity or affinity within thethird civil degree, or by the common-law spouse of the victim’s parent. But, in order for an accused to be convicted of qualified rape, the Information itself must allege that the victim is under eighteen (18) years of age at the time ofrape and the accused is the victim’s parent, ascendant, stepparent, guardian, or relative by consanguinity or affinity within the third civil degree, or common-law spouse of the victim’s parent. These are special qualifying circumstances which alter the nature of the crime of rape and warrant the increase of the imposable penalty.

In Criminal Case Nos. DN0-3393 and DN0-3394, it was uniformly alleged therein that appellant was AAA’s stepfather and AAA was “a virgin under 12 years of age.” The parties stipulated only on her minority, which means below eighteen (18) years old and not below twelve (12) years old. In any event, in view of the concurrence of theelements of relationship and age (below eighteen [18] years old), appellant indubitably committed qualified rapewhich warrants the imposition of the death penalty. Albeit by virtue of RA 9346, the death penalty has been reducedto reclusion perpetua.

As a result the Supreme Court ruled that the appeal is DENIED. In Criminal Case No. DNO- 3393 and Criminal Case No. DNO-3394, the accused is found GUILTY of QUALIFIED RAPE and sentenced to RECLUSION PERPETUA without eligibility of parole in each case.

He is further required TO PAY AAA for each count of QUALIFIED RAPE ₱100,000.00 as civil indemnity,₱100,000.00 as moral damages, and ₱100,000.00 as exemplary damages. All monetary awards are subject to six percent (6%) interest from finality of this decision until fully paid.

source: Lazaro-Javier, J.,G.R. No. 229836: People of the Philippines v. XXXXXXX, Chan Robles Library: Philippine Supreme Court Jurisprudence, 2019, p.1-2, https://www.chanrobles.com/cralaw/2019julydecisions.php?id=540

VI. Conclusion

  The researchers decided to make a study on the Challenges of the Public Prosecutors and Lawyers in handling Rape and Sexual Asssault Cases. Under the topic, the researchers have defined and distinguished rape from sexual assault and have distinctively pointed out that one of the significant difference between the two is that Rape is a form of Sexual Assault but not all Sexual Assaults are rape; whereas Sexual assault refers to sexual contact or behavior that occurs without the victim’s consent; whereas it is not only associated with physical violence but can also be emotional harm and distress. 

Statistics proved that Rape and Sexual assault are still very prevalent today which shows that measures improving the services of not only the law enforcement but also that of the justice system should be prioritized. Justice delayed is no justice at all, thus, various steps have to be taken in order to make the justice system and the law enforcement to be accessible and effective.

The challenges that the public prosecutors and lawyers face is not uncommon to their day to day experiences. The challenges that were mentioned by the public prosecutors and lawyers were either Lawyer related, Judge related, an Institutional weakness, Procedural Challenges  and even in the services that are offered by our justice system. The researchers concluded that based on the data gathered from the respondents, mostly other than the  challenges that the respondents identified were evidence, procedural delays due to postponements, absence of a party during trial, when the offended party settles and many more. The respondents have imparted their personal and procedural challenges and insights about the challenges they faced as a prosecutor and a lawyer. Regardless of the pandemic, prosecutors and lawyers have continued to do their jobs and adapted to the current situation and should be given the appreciation that they are due through providing them with solutions and results. These common problems and challenges that the prosecutors and the lawyers face should be addressed urgently to make sure that those who seek justice will not be dismayed. 

VII. Recommendations

Our response to the call of our prosecutors for help must not be ignored. It is undeniable that  their role is one that is indispensable and one in which its importance cannot be set aside. As the branch granted by the constitution the power to settle actual controversies and to determine whether or not there has been a grave abuse of discretion on the part of any instrumentality of the branch of government, indeed an accessible, a punctual and an effective administration of justice is pivotal to the preservation of peace and order and to execute this mandate. 

In the aspect of accommodating cases, the researchers recommend that there should be additional infrastructures to ensure that there is no overcrowding or to avoid delays in just one branch or trial court. One of the purposes of the additional Court rooms will not only help decongest docketed cases that have been overlooked but also to promote punctuality. Being understaffed is also an issue in this department. The researchers cannot stress enough the importance of the role the prosecution plays in the justice system. Benefits and Compensations should be secured to the prosecutors and lawyers as well. This will not only motivate the Lawyers and Prosecutors but it will also lessen the percentage of corruption inside the system, thus, creating an honest and a principles working environment which will encourage aspiring members of the prosecution or the staff that the hard work will not go to waste.  Also, one of the reasons why the workloads are not consistently and properly done is because of the lack of persons to get the job done and to keep up with the increasing demands of the system. Thus, additional attorneys, public prosecutors and Judges should be highlighted in the fight against injustice and to properly address the controversies and to hasten and to evade delays. 

In the procedural aspect, the researchers recommend that there should be strict implementation of the Laws, Guidelines and Rules of court to avoid procedural delays.There has to be a strict compliance with the period of the resolution of cases in the preliminary investigation. The compliance of both the prosecution and the parties to what is required of them are crucial to the development and to the resolution of the case. Non-compliance of the rules of court and other procedural and substantive requirements would not only delay the case but would also be just a waste of resources of both the parties and the prosecution which would most likely result in overburdened caseloads on the part of the courts. 

In the aspect of Law Related Challenges, there have been multiple recommendations from the respondents that some rules or laws should already be updated and revised to adapt to the changing times and necessity brought about by the new age. The old laws might not be as suitable to the changing times. We should urge the lawmakers to have the sense of urgency to revise and improve legislation which are obsolete and are not beneficial anymore. The increase of the allotted budget for the Judiciary Branch should be lodged in Congress for the following reasons; 1. Additional infrastructures or offices ; 2. Additional Prosecutors, Judges and Staff ; and lastly, 3. Benefits and Compensation.  

There is a need to improve on the services and the scope of the VAWC desks in every barangays and should be made available to everyone in the barangay. The researchers would like to recommend that the barangay authorities should schedule an informative meeting spreading awareness, discussions about the guidelines on how the VACW works and the extent of their work, the services and protection available to the victims and to educate them all about how to respond in cases of Sexual Assaults, Violence, Abuse and Rape especially  to those in the vicinity of the barangays. With the improved and more authoritative VACW desks, if they can prevent and resolve the problems of the complainants and the accused there would be less docketed cases to relieve the courts of the weight of the caseloads. 

The researchers further recommend for future studies related to “Challenges of the Public Prosecutors and Lawyers in handling Rape and Sexual Assault Cases”, that time is of the essence and securing the responses of the respondents play a big role in the accomplishment of the research paper on time. What is recommended for the future researchers is that, the number of respondents should always be considered and the more the respondents, the more that the research will be successful. 

VIII. Bibliography

“Administrative Order No. 2013-0011: Revised Policy on the Establishment of Women and Their Children Protection Units in all Government Hospitals.” Republic of the Philippines : Department of Health, 2013, https://www.childprotectionnetwork.org/wp-content/uploads/2019/06/AO-WCPU-Gov.-Hosp..pdf. Accessed 2021.

“Common Problems on access to Justice.” Office of the Ombudsman, 2004, https://www.ombudsman.gov.ph/UNDP4/wp-content/uploads/2013/01/Primer_Access_to_justice.pdf. Accessed 2021.

Cook, Sarah L., et al. “What’s the difference between sexual abuse, sexual assault, sex harrasment and rape.” The Conversation, 2018, https://theconversation.com/whats-the-difference-between-sexual-abuse-sexual-assault-sexual-harassment-and-rape-88218.

“Guidelines on the Role of Prosecutors.” The LAWPhil Project, 1990, https://lawphil.net/international/treaties/grp.html. Accessed 2021.

“Herstory.” Philippine Commission on Women, 2009, https://pcw.gov.ph/herstory/. Accessed 2021.

“Lazaro-Javier, J.,G.R. No. 229836: People of the Philippines v. XXXXXXX.” Chan Robles Library: Philippine Supreme Court Jurisprudence, 2019, https://www.chanrobles.com/cralaw/2019julydecisions.php?id=540. Accessed 2021.

“Prosecution Offenses.” The LAWPhil Project, 2000, https://www.lawphil.net/courts/rules/rc_110-127_crim.html. Accessed 2021.

“R.A. 7610: Special Protection of Children Against Abuse, Exploitation and Discrimination Act.” Philippine Commission on Women, 1992, https://pcw.gov.ph/republic-act-7610-special-protection-of-children-against-abuse-exploitation-and-discrimination-act/. Accessed 2021.

“R.A. 79262: Anti-Violence Against Women and Their Children Act of 2004.” Philippine Commission on Women, 2004, https://pcw.gov.ph/republic-act-9262-anti-violence-against-women-and-their-children-act-of-2004. Accessed 2021.

“Rape and Sexual Assault.” Centre Safe: Empowering Survivors, Eliminating Violence, 2013, http://ccwrc.org/about-abuse/about-sexual-violence/rape-sexual-assault/. Accessed 2021.

“Republic Act 10354: The Responsible Parenthood and Reproductive Health Act of 2012.” Philippine Commission on Women, 2012, https://pcw.gov.ph/republic-act-10354/. Accessed 2021.

“Republic Act 10364: Expanded Anti-Trafficking in Persons.” The LAWphil Project, Metro Manila, 2012, https://lawphil.net/statutes/repacts/ra2013/ra_10364_2013.html. Accessed 2021.

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“‘Republic Act 8353: The Anti-Rape Law of 1997.’” Seventeenth Congress of the Philippines, 2016, http://legacy.senate.gov.ph/lisdata/2513421963!.pdf. Accessed 8 January 2021.

Republic Act No. 8505 or the Rape Victim Assistance & Protect Act. Manila, Philippines, National Commission on the Role of Filipino Women”, 2006. http://www.region12.dilg.gov.ph/sites/default/files/reportsresources/knowledge-materials/1072-republic-act-8353-republic-act-8505booklet.pdf. Accessed 2021.

“Republic Act No. 9262: Anti Violence Act against Women and their Children of 2004.” Official Gazette of the Philippines, 2004, https://www.officialgazette.gov.ph/2004/03/08/republic-act-no-9262-s-2004/.

“Republic Act No. 9710: An Act providing for the Magna Carta of Women.” Official Gazette of the Philippines, 2009, https://www.officialgazette.gov.ph/2009/08/14/republic-act-no-9710/. Accessed 2021.

Sable et. al.,. “Barriers to Reporting Sexual Assault for Women and Men: Perspectives of College Students.” Journal of American College Health, vol. 55, no. 3, 2006, http://www.middlebury.edu/media/view/240971/authentic/sable_article.pdf.

Sanchez, M. “Most prevalent crimes in the Philippines 2018.” Statista, 2020, https://www.statista.com/statistics/1170835/philippines-most-prevalent-crimes/. Accessed 2021.

Seventeenth Congress of the Philippines. “Republic Act 8353: The Anti-Rape Law of 1997.” 16 November 2016, http://legacy.senate.gov.ph/lisdata/2513421963!.pdf.

“Sexual Assault.” RAINN, https://www.rainn.org/articles/sexual-assault. Accessed 2021.

Tupaz, E. “Raped Daily During Quarantine.” Philstar Global, 2020, https://www.msn.com/en-ph/news/national/18-raped-daily-during-quarantine/ar-BB18B9gc.

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United States Department of Justice. “Criminal Justice Information Services Division.” Federal Bureau of Investigation, 2013, https://ucr.fbi.gov/crime-in-the-u.s/2013/crime-in-the-u.s.-2013/violent-crime/rape. Accessed January 2021.

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Police Office Women and Children Protection Desk, p.1

“What is Rape and Sexual Assault?” Metropolitan Police, 2020, https://www.met.police.uk/advice/advice-and-information/rsa/rape-and-sexual-assault/what-is-rape-and-sexual-assault/. Accessed 8 January 2021.

IX. Acknowledgments

First of all, we would like to praise and give thanks to God for His love and

overflowing blessings throughout this research to complete our research successfully.

  We  would like to express our deep and sincere gratitude to the people who made this research possible. To our beloved Legal Research Professor Attorney Jocelle Batapa-Sigue, we are thankful for this opportunity to be able to learn more about your subject and to  be able to share our sentiments to our fellow readers. We are very thankful for your guidance in doing this research. To our Family, thank you for your love and prayers. We are grateful for your patience for bearing with us and for supporting us throughout this research. Again, to everyone who made this possible, we are grateful and we could not have done this without you. 

X. Appendices

Appendix A 

Survey Questions uploaded on Google Forms

A Survey for Public Prosecutors and Lawyers handling Rape and Sexual Assault 

We, the students of University of St. La Salle-Bacolod taking up the Juris Doctor Program are doing a case study entitled “A Study On the Challenges of the Public Prosecutors and Lawyers in Handling Rape and Sexual Assault cases.” Our case study will be centered on the challenges of public prosecutors and lawyers in handling cases about Rape and Sexual Assault.

A. 

1. Email Address
2. Full Name
3. Occupation
   – Lawyer
   – Public Prosecutor

4. Government Office or Law Firm Address:

B.

1. What are the common problems you  encounter in handling cases about Rape and  Sexual Assault? Kindly rate the following.

 Choices to be ranked:

a. Evidence

b. Standard Per Court

c. Witness

d. Offended Party Settles

e. Schedule

f. Filing Issues

g. Investigation

2.  If not mentioned above, what are the other procedural challenges you usually face?

3. .How long does the procedure usually last in the Municipal Trial Court?

4. How are you able to conduct you investigation despite of the current pandemic?

5. What happens when the offended party settles?

6. What other personal Challenges do you usually encounter?

7. Are there any recommendations that you would like to impart with regards to improving the services of our justice system?

Appendix B 

Data from Philippine National Police Regarding the number of Rape Cases in the year 2019 and 2020 in Bacolod sent through email. 

Appendix C
C. p.1. Data on VAWC in Negros Occidental 

C. p.2. Data on VAWC in Negros Occidental 

Appendix D

Summarized Statistics 1st and 2nd Semester of 2020

Appendix E

Letter of Request 

Appendix F

The following are the results of the survey conducted by the researchers regarding the challenges faced by the respondents:

Note: The details of the respondents were not attached for confidentiality purposes

This Research paper is in compliance with our Legal Research Subject.