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*With the support of the Women’s Legal Bureau, Inc., a legal resource non-
government organization for women based in Quezon City, Philippines and with
research and writing assistance from Maria Karla L. Espinosa. Thanks also to
Feliz Marie Guerrero and Angelo Manlangit for their research and writing
assistance on the trial court decisions and programs.
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
Page 2 of 103
Nationality/citizenship FILIPINO
Sex FEMALE
Occupation Unemployed
PHILIPPINES
The author’s story spans one night of terror and eight years of ordeal
that culminated in a painful denial of the violation she suffered. Her
pursuit of justice frustrated, she comes to the Committee to give an account
of her rape and re-victimization by her own government.
After her rape1 and her agonizing pursuit of justice, the judge,
Virginia Hofileña-Europa, rendered a decision of acquittal that relied upon
gender-based myths and misconceptions about rape and its victims and, in
bad faith, distorted the evidence submitted, to the great injury of the
author.
1Rape is one form of violence against women. Violence against women is one form of
discrimination against women. General Recommendation No. 19, which was adopted by
the Committee on the Elimination of Discrimination Against Women in 1992, states that
gender-based violence or violence against women “is a form of discrimination that
seriously inhibits women’s ability to enjoy rights and freedoms on a basis of equality
with men,” within the meaning of Article 1 of the Women’s Convention. Gender-based
violence is violence that is directed against a woman because she is a woman or that
affects women disproportionately. It includes acts that inflict physical, mental or sexual
harm or suffering, threats of such acts, coercion, and other deprivations of liberty.
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
Page 4 of 103
2 “For the purposes of the present Convention, the term ‘discrimination against women’
shall mean any distinction, exclusion or restriction made on the basis of sex which has
the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by
women, irrespective of their marital status, on a basis of equality of men and women, of
human rights and fundamental freedoms in the political, economic, social, cultural, civil
or any other field.”
3 See Articles 2, 3, 14 and 26, International Covenant on Civil and Political Rights.
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
Page 5 of 103
The Facts
1. The author was 42-years old and then Executive Director of the
Davao City Chamber of Commerce and Industry, Inc. (“Chamber”) in
Davao City,4 Philippines when she was raped by a former president of the
same Chamber, Jose B. Custodio, who was then 60 years old.
2. The rape occurred in the late evening of March 29, 1996 after an
official function of the Chamber which was attended by both the author
and Jose Custodio.
4
Davao City is a major city in Mindanao, the second largest island in the Philippines
located in the south.
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
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7. For eight long years, from 1997 to 2005, the case was pending at
the trial court level. The inordinate delay was caused primarily by several
changes in the trial court judge and the filing of cases by the accused in the
appellate courts concerning the denial of his bail application and of his
motions to inhibit the first judge.5 In all, three judges recused from the
case; the first upon the initiative of the accused (who raised the matter to
the Court of Appeals) and the two others upon the motion of the
prosecution. In September 2002, the case was raffled to Judge Virginia
Hofilena-Europa, who rendered the decision of acquittal on April 26, 2005.
5 The accused filed criminal and administrative charges against the first judge.
6 Transcript of Stenographic Notes [TSN], 4 March 1997, pp. 48-49.
7 Id. at 49.
8 Id.
9 Id.
10 Id.
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
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8.2. When Ms. Vertido and the accused were left alone in the
car after Jose Morada had alighted at his residence at Belisario
Heights Subdivision, the accused started to make small talk.11 At a
certain point, the accused made a sudden left turn from J.P. Laurel
Avenue towards Cabaguio Street.12 It was at that point when he
suddenly grabbed Ms. Vertido and mashed her breast.13 She lost her
balance. In trying to regain her balance, her right hand landed on
the accused’s left hand pocket where she felt something like a gun.14
She felt scared. Suddenly he let her go and made a left turn.15 At
that point, Ms. Vertido felt confused and disoriented but managed to
ask, “Where are you going?” Then she saw to her right a small neon
sign that said “Gateway.”16 She tried to stop the accused from
proceeding by grabbing the steering wheel and steering it in a
different direction. Suddenly a concrete wall loomed up in front of
them. Seeing that a crash was imminent, Ms. Vertido let go of the
steering wheel.17 The accused managed to regain control of the car
and steered it through a narrow road. Before Ms. Vertido realized it,
they were already inside “four walls without any walls or
windows.” They were inside the garage of a motel. All these
happened so fast.18
8.3. In the motel garage, the accused turned off the ignition
key and told Ms. Vertido he just wanted to talk and to get to know
her better. But Ms. Vertido pleaded with him to let her go, and let
her get out of there. He insisted that they go inside. As a gesture of
protection, she hugged her bag to her chest. At that point, he got out
of the car, went over to Ms. Vertido’s side, opened her door and
asked her to get out. When she did not, he dragged her out of the
car. She was dragged around the open door and hood of the car to
11 Id. at 52-53.
12 Id. at 53.
13 Id. at 54.
14 Id. at 57.
15 Id.
16 Id. at 58.
17 Id. at 60.
18 Id. at 61.
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
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the door leading to the motel room, which was about a distance of
three to four meters.19
8.4. When the accused dragged Ms. Vertido just outside the
door of the motel room, he let her go to lock the door. That was
when Ms. Vertido ran towards the inside of the room to look for
another exit.20 She found a door but it was not an exit, it was a
comfort room. She had the impression it was another “tomb.”21 She
locked herself in the comfort room for sometime, trying to compose
herself.22
8.5. While inside the comfort room, Ms. Vertido noticed that
there was no sound or movement at all outside the door of the
comfort room. She then opened the door just wide enough to peep
through, and when she did not see the accused, she went out to look
for a telephone, or another exit, but found none. Then she
remembered that the accused had a cell phone that he had been
using during the dinner-meeting and she hoped it was lying around
for her to use to call for help. Unfortunately, she did not find the cell
phone.23
8.6. After finding no cell phone, Ms. Vertido, hoping that the
accused had left the room altogether, peeped through the divider
leading to the door of the room. However, she found the accused
standing at the doorway with his back to her. He was naked except
for his white briefs, navy blue socks and shoes,24 and was apparently
talking to someone.25 When he sensed that Ms. Vertido was behind
him, he suddenly shut the door and turned towards her. He was
19 Id. at 61, 62, 68. Dr. June Lopez, the expert witness, testified that Ms. Vertido told her
that at this point, “her feet were heavy but very weak” (TSN, 16 December 1997, p. 695).
20 Id. at 69.
21 Id. at 70.
22 Id. at 71.
23 Id. at 80.
24 Id. at 81-82.
25 Affidavit Complaint, p. 2.
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
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holding his pants with his left hand, and his right hand was inside
the pocket of the pants.26 Ms. Vertido became afraid that the accused
was going for the gun which she felt while she was parrying his
advances in the car.27 She turned and fled to where she came from,
away from the accused who was going towards her. He caught her
as she was by the bed28 and pushed her on to it.29 The accused then
embraced her, and as she resisted him, he pinned her down by
holding her wrists at the level of her head.30 The accused then placed
his knees between Ms. Vertido’s legs, came on top of her, and tried
to kiss her. She tried to parry his kisses by moving her head
sideways and away from his face telling him, “No sir! This is
wrong!” But he did not listen and kept on. He told her, “Huwag kang
lalaban. Be nice to me. Be nice to me. (Don’t resist. Be nice to me. Be
nice to me.)”31
8.7. In bed, the accused put his weight on top of Ms. Vertido’s
chest such that she could not breathe.32 Ms. Vertido heard the
accused telling her, “Be nice to me, be nice to me, huwag kang lalaban.
Wala namang mangyayari na masama. Wala namang makakaalam nito
kung hindi ka magsasabi (Be nice to me, be nice to me, do not resist.
Nothing bad will happen. No one will know about this if you don’t
tell.)”33 She gasped for breath even as she continued to plead with
the accused, “No sir. Please, sir! No! No!” She felt she was drowning
for lack of air, and compared her feeling to a television being shut
off, with the picture gradually growing smaller until it disappears.34
8.8. While the accused pinned her down in bed, she lost
consciousness. When she came around, she felt the penis of the
26 Id. at 81.
27 Affidavit Complaint, p. 2; TSN, 4 March 1997, p. 57.
28 TSN, 4 March 1997, p. 82.
29 Id. at 92.
30 Id.
31 Id. at 93.
32 Id.
33 Id. at 94.
34 Id. at 94; TSN, 5 March 1997, p. 263.
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
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accused inside her vagina and he was moving on her up and down
in the coital fashion.35
8.10. Instead of hearing her pleas, the accused kept on, telling
her that anyway, he will take care of her, that he knows a lot of
people who can help her advance in her career. Utmost in Ms.
Vertido’s recall is her strong revulsion of the obscene language of the
accused who told her, “Masarap ang kiki mo. Sabihin mo din masarap
ang titi ko. (Your cunt feels so good. Tell me my dick feels the
same.)”37
sisigaw. Iuuwi kita. Huwag kang sisigaw. Calm down. (Don’t shout. I
will bring you home. Don’t shout. Calm down.)”41
41 Id. at 114.
42 Including one hearing where the complainant was presented by the defense as a
hostile witness.
43 At the time she testified in court, Dr. June Lopez has been in the practice of psychiatry
10.1. Karen Vertido was her patient for 18 months prior to her
testifying in court, having seen her in a clinical context 17 times
within that period. The first clinical session was on April 24, 1996,
but Dr. Lopez also saw Karen Vertido in her home in Davao City on
April 16, 1996.45
10.2. Even on the first occasion that Dr. Lopez met Karen
Vertido on April 16, 1996, she concluded that the latter had been
traumatized; she observed that Karen was “obviously distraught and
her eyes showed that she had been crying. She was seated with
basically lack of expression but at the same time quite vigilant or her
eyes [were] looking around and [she had] a rather started (startled)
response [to] light noises. Light noises tended to startle her easily.
She did not talk much. She just stayed in one corner as other visitors
gathered around.” Dr. Lopez said that Karen “depicted symptoms of
acute post traumatic stress disorder.”46
daughter was raped, Karen’s father broke down in tears, clutched his
chest, gasped for breath, and kept asking “Who did it? Who is he?
How did it happen?”48
52 Id. at 551.
53 Id. at 551-555.
54 Id. at 556.
55 Id. at 557.
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
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56 Id. at 558.
57 Id. at 560.
58 Id. at 564, 565, 566.
59 Id. at 566.
60 Id. at 567, 568.
61 Id. at 568.
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
Page 16 of 103
10.18. On motives for rape, Dr. Lopez said “… the motives are
more related to anger, hostility and power” than it is of motivations
of sexual nature. “There are certain psychosocial factors showing
that rapists are stressed individuals because of their own inability of
dealing day to day life and so they try to regain their sense of virility
and mastery by overpowering or victimizing other persons.”63
12. For its evidence, the defense presented one of the defense
lawyers,73 a room boy from the Bermuda Gateway Motel,74 the motel
security officer,75 and the accused’s friend, Jose Morada.76 The defense
lawyer testified on matters that occurred after, and peripheral to, the rape
incident; Jose Morada, on what allegedly happened in the car prior to his
being dropped off at his house; the room boy, that he did not hear any
shout or commotion from the room where the rape occurred and that had
there been any shout or commotion, it would have been heard from
outside; and the motel security officer, on the policies of the motel and that
he did not receive any report about any untoward incident on the night of
March 29, 1996.
71 Cebu City is one of the major cities of the Philippines, located in the central part of the
country.
72 Id. at 1104.
73 Honesto Cabarroguis, who testified on December 11, 1998 and November 25, 2002.
74 He testified on September 8, 9 and 10, 1998.
75 He testified on October 28, 1998.
76 His testimony was taken by deposition at his own residence on December 10, 1998.
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
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because they were interrupted by the motel room boy and thereafter, he
could no longer have an erection.77 He claimed that he and Karen Vertido
were already flirting long before the alleged rape; that he called up Karen
Vertido so many times before the day of the rape at the Davao City
Chamber of Commerce office; that she would answer the phone directly
because she had a direct line; that he also visited her several times at her
office and on those occasions flirted with her; that in fact her office was a
“cubicle with dividers”; that on the night of the rape she agreed to be
Custodio’s personal guest in the dinner with the Malaysian businessmen;
that the dinner was a personal affair.78
14. All the defense witnesses (except for the first part of the
testimony of the defense lawyer) testified before Judge Europa.
15. In June 2004, the case was finally submitted for resolution. Both
parties submitted their respective Memorandum (Annexes B and C)
The Issue
prove but more difficult for the person accused, though innocent, to
disprove; 2) in view of the intrinsic nature of the crime of rape
where only two persons are usually involved, the testimony of the
complainant must be scrutinized with extreme caution; and 3) the
evidence for the prosecution must stand or fall on its own merits
and cannot be allowed to draw strength from the weakness of the
evidence for the defense. (People vs. Barrientos, 285 SCRA 221
(1998); People vs. Balmoria, 287 SCRA 687 (1998); People vs. Gallo,
284 SCRA 590 (1998).
The fact that the charge in this case is for rape makes it
doubly exigent because, as so often observed by the Supreme
Court, it is the intrinsic nature of the crime of rape that usually only
two persons are involved.
action was expected while, in the same breath, alleging that she
exerted great efforts to resist and escape from the accused.
Prescinding from her testimony, given that she still gave the
accused the benefit of the doubt after he brought Mr. Morada home
first before her, she necessarily knew that the intentions of the
accused were indecent when he allegedly mashed her breast after
turning into Cabaguio Avenue. Why then did she not try to get out
of the car when the accused must have applied the brakes to avoid
hitting the wall when she grabbed the steering, wheel?
Why did she not get out or even shout for help when the car
must have slowed down before getting into the motel room’s
garage? Why did she not stay in the bathroom after she had entered
and locked it upon getting into the room? Why did she not shout
for help when she heard the accused talking with someone? Why
did she not run out of the motel's garage when she claims she was
able to run out of the motel room because the accused was STILL
NAKED AND MASTURBATING on the bed? Why did she agree to
ride in the accused’s car AFTER he had allegedly raped her when
he did not make any threats or use any force to coerce her into
doing so?
cross-question her about for fear of aggravating the stress that they,
at the time, perceived her to be under.
Mr. Jose Morada corroborated the fact that on the trip from
Apo View Hotel to his house, it was the complainant who was
seated in the passenger seat next to the accused and that the
complainant did not complain when the accused brought him home
before her (TSN, December 10, 1998, Exit 17 p. 17-f)
This was after the alleged rape when she said that when she
saw the accused naked on the bed and masturbating, she ran out of
the room, tried to open the car and that when the accused came out
and went towards her she allegedly SCREAMED prompting him to
say "Huwag kang sisigaw, iuuwi na kita, huwag kang sisigaw." He
tried to calm her down. (TSN, March 4, 1997, pp. 113-114). Such a
scream would have been more audible considering that it was
supposedly done in the garage and no longer inside the room.
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
Page 27 of 103
No pronouncements as to costs.
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
Page 29 of 103
SO ORDERED.
VIRGINIA HOFILEÑA-EUROPA
Judge
B. The decision was rendered in bad faith, without basis in law and
in fact, to the great injury of the author.
In the author’s case, the decision of the trial court invokes a number
of gender-based myths and stereotypes, without which conviction of the
accused would have resulted. Relevant parts of the decision are quoted
immediately after each myth, and analysis follows.
79Some of these myths and misconceptions have been identified by the Women’s Legal
Bureau, Inc. (WLB), a non-governmental legal resource organization that works for the
defense and promotion of women’s human rights, as follows: that only young, beautiful
and sexually attractive women get raped; that rape is perpetrated only by poor,
pathologic and depraved men; that handsome, rich, educated men do not need to rape;
that women are partly to blame for the rape because they behave in ways that elicit
men’s sexual desires; that sexy clothes excite men, so to avert rape it is a woman’s
responsibility to avoid provocative or revealing attire; that women who do not show
physical resistance to rape must have wanted the rape to occur; that no physical injury
means no resistance from the victim or no use of force by the rapist; that women who cry
“rape” must have an ax to grind against the rapist; that rape is a crime of lust or passion;
that rape happens only in poorly lit or secluded places; that a victim of rape must
demonstrate an obviously distraught emotional state; and that the age, social class,
looks, demeanor and gender of a person are relevant when considering the likelihood of
her or his becoming a victim and the likelihood of his or her being a rapist. [Women’s
Legal Bureau, Inc. Rape and Human Rights: Issues and Challenges. Quezon City (2005)]
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
Page 31 of 103
First, the finding of the court that “there were simply too many
opportunities for the private complainant to escape or evade the alleged
lustful desires of the accused that she did not take advantage of” is
contrary to the evidence presented. Her many attempts to escape or
“evade the alleged lustful desires of the accused” could hardly be
considered as “feeble.” As stated in the narration of facts, the author did
the following to avoid getting raped:
• While in the car, the accused grabbed Ms. Vertido and mashed her
breast. She reacted by pushing him away and protesting, “What are
you doing?”
• When Ms. Vertido realized that they were about to enter a motel, Ms.
Vertido grabbed the wheel of the car and tried to steer it in a different
direction to stop him from proceeding.
• After he was able to drive the car into the motel garage, she pleaded
with him to let her go, and let her get out of there.
• After he was able to drag her to the door of the motel room, she ran
towards the inside to look for another exit. She found a door but it was
not an exit, it was a comfort room. She locked herself in the comfort
room for sometime, trying to compose herself.
• While inside the comfort room, Ms. Vertido noticed that there was no
sound or movement at all outside the door of the comfort room. She
then opened the door just wide enough to peep through, and when she
did not see the accused, she went out to look for a phone, or another
exit, but found none.
• After finding no phone, Ms. Vertido, hoping that the accused had left
the room altogether, peeped through the divider leading to the door of
the room. However, she found the accused standing at the doorway
with his back to her. When he sensed that Ms. Vertido was behind him,
he suddenly shut the door and turned towards her. He was holding his
pants with his left hand, and his right hand was inside the pocket of
the pants. Ms. Vertido became afraid that the accused was going for the
gun which she felt while she was parrying his advances in the car. She
turned and fled to where she came from, away from the accused who
was going towards her. He caught her as she was by the bed and
pushed her on to it. The accused then embraced her, and as she resisted
him, he pinned her down by holding her wrists at the level of her head.
The accused then placed his knees between Ms. Vertido’s legs, came on
top of her, and tried to kiss her. She tried to parry his kisses by moving
her head sideways and away from his face telling him, “No sir! This is
wrong!” But he did not listen and kept on.
• In bed, the accused put his weight on top of Ms. Vertido’s chest such
that she could not breathe. Thus she testified that she gasped for breath
even as she continued to plead with the accused, “No sir. Please, sir!
No! No!” She felt she was drowning for lack of air, and compared her
feeling to a television being shut off, with the picture gradually
growing smaller until it disappears.
• When she regained her consciousness, Ms. Vertido continued to fight
off the accused. She tried to push him away from her, and scratched
and dug her nails into his flesh, even while she pleaded with him,
“Please, Sir! No sir, this is wrong!” Simultaneously, she also tried to
free herself by moving her hips from side to side.
• When all previous efforts to free herself of the accused failed, Ms.
Vertido pulled his hair away to which he reacted with anger,
exclaiming, “Putang ina! (Mother fucker!)” It was only then that she
was able to dislodge his penis from her genitalia.
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
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• After washing and dressing, she slowly opened the comfort room door
and saw that the accused was still on the bed and masturbating. Ms.
Vertido took advantage of his state of undress and ran out of the room
towards the car in order to get out of the place. She tried to open the
accused’s car but to no avail. The accused also ran after her in his
haphazardly dressed state. When Ms. Vertido saw him, she screamed.
The accused told her, “Huwag kang sisigaw. Iuuwi kita. Huwag kang
sisigaw. Calm down. (Don’t shout. I will bring you home. Don’t shout.
Calm down.)”
The Supreme Court of the Philippines has held – and the decision in
question itself acknowledges this – that the failure of the victim to try and
escape does not negate the existence of rape. As admitted by the decision,
people react differently. Therefore, to say that the victim’s conduct is
“unnatural” is contradictory. It manifests an obstinate refusal to recognize
the reality that rape is a severely traumatic situation that elicits
unpredictable responses from the person confronted with it. Rape involves
a continuing assault to the person of the victim; the threat to her physical,
mental and psychological integrity is constant and grave.
In another part of the decision, the court repeats itself by saying that
it cannot understand why Karen Vertido did not escape when she
appeared to have had so many opportunities to do so.82 Again, setting
81 Dissenting Opinion, People vs. Salarza, G.R. No. 117682, August 18, 1997.
82
Decision, pp. 14-15.
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
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aside this distortion of the evidence, Judge Europa would have understood
had she listened to the psychiatrists who testified that there is a wide range
of behavioral response exhibited by victims when threatened with rape,
during the actual rape and after the rape. As narrated in the statement of
facts, one of the two psychiatrists presented, Dr. June Lopez, testified that
typical reactions to acquaintance or confidence rape, in particular, would
be stalling for time, pleading, flattery, and bargaining with the assailant or
would-be attacker. She said:
rape” cannot apply to the case at bar, implying that the complainant did
not even try to escape, and on the other hand, she declares that the
complainant “had the courage to resist the advances of the accused.”
Women who are not timid or easily cowered are not less vulnerable
to sexual attacks. By negating the rape of Karen Vertido who, as admitted
by the judge, is not a timid woman because “she had the courage to resist
the advances of the accused,” the court perpetuates a stereotype of a rape
victim and suggests that the law protects only those who conform to this
stereotype. The self-assured, sophisticated, educated, urbanite, among
others, are immediately disadvantaged.
trying to seduce her with offers of material gain and placate her
with promises that he would take care of her.86
In the last sentence of the quoted text, Judge Europa makes it appear
that the accused did nothing more than to cajole and seduce the
complainant without using force or intimidation. This is far from the truth,
as the unimpeached testimony of the complainant shows.
WITNESS:
A I was petrified, I was scared of him, I was afraid, nobody has
brought me anywhere before without my willing to be there.
ATTY. ADVINCULA:
Q You were petrified of what, you were brought there by
somebody?
A I was scared at [of] Mr. Custodio, I was scared on [of] the
tomb-like structure where I was brought into, I was scared at
[of] everything, he had just mashed my breast, we had just
[almost] bumped into a wall[.]87
The European Court of Human Rights in the case of M.C. vs. Bulgaria
[(Application No. 39272/98), Judgment, 4 December 2003] observed “a
clear and steady trend in Europe and some other parts of the world
towards abandoning formalistic definitions and narrow interpretations of
the law” in rape cases. It noted that in case law and legal theory, lack of
consent, not force, is seen as the constituent element of the offense of rape.
The Court stated:
(4) That the accused and the victim are “more than nodding
acquaintances” makes the sex consensual.
89 Roberto Ador, Merci Angeles and Soliman Santos Jr. Justice and Healing: Twin
Imperatives for the Twin Laws Against Rape (2001) citing P. Velasco Jr. “The Raison D’Etre
of the Anti-Rape Law of 1997,” J Integ. Bar Phil. 16-7 (1998).
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
Page 40 of 103
Sgd./Karen"
First, the evidence on record does not even support the finding of
“more than nodding acquaintances” between the author and the accused
Custodio. Even the court admits “that the testimony of the accused,
particularly his claims of regular visits to the DCCCI office as well as
alleged flirtations with the private complainant there and over the
telephone appears to have enjoyed much embellishment on his part.” This
is further explained below as part of the discussion on bad faith on the part
of the trial court.
(5) When a rape victim reacts to the assault by resisting the attack and
also by cowering to submission because of fear, it is problematic.
the Philippines during the period. They merely represent convictions that were brought
to the Supreme Court on appeal or automatic review in cases where the death penalty
was imposed (or reclusion perpetua when the death penalty was suspended by the 1987
Constitution). They do not reflect the number of acquittals in the lower courts, which are
not appealable due to the constitutional guarantee against double jeopardy, nor the
number of rape charges that were dismissed by prosecutors after preliminary
investigation, nor the number discouraged by unbelieving police officers who advised
the women that they “had no case,” nor, at bottom, the true number of unreported rapes,
the victims silenced by fear of retaliation, humiliation or rejection by friends and family.
[“Making Sense” of Rape: A Review of Presumptions Relied Upon by the Supreme Court in
Decisions on Rape. Occasional Paper No. 1. Women’s Legal Bureau, Inc. Quezon City
(1995)]
92 Art. 266-C in relation to Art. 266-A, Revised Penal Code, as amended by Republic Act
Second, this holding imposes upon the rape victim the peculiar
burden of showing either that she put up continuous physical resistance
against the accused or that she was subjugated by the accused from
beginning to end. However, even if she satisfies either demand, the court
still takes it against her. In the first case, the victim could not have been
raped because she “does not appear to be a timid woman who could easily
be cowered.” In the second case, there is no rape because the woman is
deemed to have consented to the intercourse since she did not resist the
advances of the accused, as when “she did not escape when she appeared
to have had so many opportunities to do so.” The rape victim is damned
whichever way she goes.
(6) The rape victim could not have resisted the sex if the accused was able
to proceed to ejaculation.
Second, the statement of the court perpetuates the false notion that
rape is a crime of lust or passion. Mere sexual desire cannot be the essence
of rape, for if sexual release is the only motivation, masturbation or
consensual sex should be enough. In rape, a man uses sex as a weapon to
First, the rape victim does not have the burden of proving the sexual
prowess of the accused. It is not an element of the crime of rape but a
matter of defense. If the accused claims that he cannot possibly even have
sexual intercourse, then he should prove it through scientific evidence. The
Supreme Court held:
Second, the decision implies that a man in his sixties can no longer
rape. Hence, all the incest cases where children were raped by their
grandfathers were all fabricated. Every case where a child or adult woman
claims that she was raped by an old man would invariably result in an
acquittal of the accused.
The Issue
xxx
An accusation for rape is not easy to make at all. Given all the
prejudices against women, to say that a rape charge is more difficult for the
accused to disprove is also unwarranted.
The author does not have to repeat the many distortions of evidence
already mentioned that Judge Europa used to justify the acquittal of the
accused. These distortions are too substantial to be brushed aside as mere
errors in the appreciation of evidence. The Supreme Court has recognized
that in cases such as this, when the error is so gross and patent, an
inference of ignorance or bad faith could be made.
As shown earlier, Judge Europa did not decide on the basis of the
evidence on record. Her decision also contains inconsistencies between her
own factual findings and conclusions. In addition, she accorded great
weight to the flimsy evidence of “more than nodding acquaintances”
relation between the accused and the author despite (1) that the testimony
of the accused was rebutted on many material points by the prosecution’s
rebuttal witnesses whose testimonies were found credible by the court and
(2) that corroborative testimonies for the defense contradicted each other.
103 She found the testimony of the accused credible.
102 People vs. Ngo, G.R. No. 95680, October 4, 1991; 202 SCRA 549, 558.
103 Decision, p. 18.
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Karen T. Vertido vs. the Philippines
29 November 2007
Page 49 of 103
In gist, story of the accused was that he and Karen Vertido were
already flirting long before the alleged rape; that he called up Karen
Vertido so many times before the day of the rape at the Davao City
Chamber of Commerce office; that she would answer the phone directly
because she had a direct line; that he also visited her several times at her
office and on those occasions flirted with her; that in fact her office was a
“cubicle with dividers”; that on the night of the rape she agreed to be
Custodio’s personal guest in the dinner with the Malaysian businessmen;
that the dinner was a personal affair.104 He admitted bringing Ms. Vertido
to the motel, but claimed that it was consensual and that, although they
tried to have sexual intercourse that night, the coitus was not
consummated because they were interrupted by the motel room boy and
thereafter, he could no longer have an erection.105
witnesses.
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Karen T. Vertido vs. the Philippines
29 November 2007
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All in all, the findings and conclusions of the court were inconsistent.
The court itself even made a finding that Karen Vertido was unconscious
when the accused Custodio finally penetrated her, that when she woke up,
he was already penetrating her.109 This and the totality of circumstances
should have been enough to make a finding that the force or intimidation
applied to her was adequate to consummate the crime, as in fact she lost
consciousness in the course of the attack, which prevented her from giving
any consent at all.
Judge Europa cited all the Supreme Court doctrines that favor the
rape victim and in the same breath ruled, without evidentiary basis, that they
are not applicable to the author’s case by mentioning some contradictory
Supreme Court rulings. Such shoddy legal maneuvering under the
pretense of fair reasoning amounts to bad faith and a gross disregard of the
author’s rights.
In the eight years of litigation that she went through, the author had
to rely on the generous support of her family and friends and women’s
groups to sustain her fight for justice. She and her family suffered
immeasurably: within weeks from the filing of the case, public ridicule and
hostility, fired by media coverage so evidently prejudiced against her,
intensified. She bore this, and more. Soon after the rape, the Chamber
asked her to resign from her job as Executive Director. Even before she
did, they already hired a man to replace her and gave him double her
salary.111
When the author questioned this, she was told the Chamber hired a man because the
111
With her physical and mental integrity severely affected, the author
tried to rebuild her life with her family by undergoing therapy with
psychiatrists who volunteered their services. She also tried to look for a
job, but she found it extremely difficult to get one. This was ironic since
she was at the height of her career when the rape happened. In the
meantime, her family’s meager resources were all spent in sustaining her
fight for justice for eight long years. They were able to get by with the help
of friends and others who generously gave support. During those eight
years, she was never able to get a regular job.
All these took their toll on the author, and resulted in her having all
sorts of debilitating illnesses. To this day, her physical and psychological
functioning continues to be affected.
Until she gets justice, Karen Vertido and her family will never get
closure for the rape that she suffered. Until she and her family get closure,
they can never truly heal and recover from their traumatic experience.
Systemic Discrimination
112 Rape cases are tried by the Regional Trial Courts, which are courts of the second level
in the Philippine judiciary.
113 The decision was rendered by the Regional Trial Court of Makati City, Branch 66.
JF was afraid and was fighting RM but he said that “wala pang
pumapalag sa akin ng ganyan (No one has ever rejected me);” that he
was embarrassed when she walked out on him at the Gardenia
Motel; that he was very influential and that he was going to kill her.
JF had bruises on her arms because RM held her tightly. JF pleaded
for pity, saying that she had her period at the time. RM put his hand
inside JF's panty, and after seeing that her napkin had no
bloodstains, he told JF to stop trying to fool him. RM then proceeded
to enter JF. During this time he repeatedly told JF that he could kill
her if she refused to give in. He also told her that she was not the
first and that he has done the same to other women whenever he felt
embarrassed and annoyed.
because her body was very painful and she was very weak from
resisting him earlier, he was able to abuse her again.
The decision was rendered also by the Regional Trial Court of Makati City, Branch 66
114
After the carnal act was done, DD returned to the driver's seat
and both got dressed. DD threatened to kill G and her family if she
dared inform them of what happened. He bragged about being
influential with the mayor of some town as well as with the police
and kept on brandishing his gun. G was scared and kept on crying.
He drove the G to the area of her residence, and then, upon reaching
the place, pushed G out of the car.
the accused.
accused's house but the latter refused to open the door until the
arrival of the police. Thereafter, they were brought to the police
station.
J also testified that while they were drinking, they were joking
about FD’s inexperience in sex and she told him that “Matanda ka na
di ka pa marunong. (You are too old to be a virgin.)” Also, M pushed
her causing her to fall on the floor and lean on FD. She did not react
as she was too drunk to move away. While the rest were drinking,
FD carried her into the next room. She thought FD would just allow
her to rest. Finally, in the hospital, when they had the chance to be
alone, FD offered to marry her but she turned it down. She also
testified that the contusions on her arms were caused by M and V
who held her arms. She reiterated that while she was too dizzy to
shout for help and to resist because she was too drunk, she
nonetheless was aware of what was going on.
The accused FD testified that after they had finished the three
bottles of gin, J sat beside him, rested her head on his shoulder, had
one arm around his nape while her other hand was on his crotch. J
whispered that they get inside the room. Once inside, they started
kissing. J then removed her shorts and undergarments and raised
her t-shirt up to her chest. Then J embraced him tightly and they had
sexual intercourse. After the encounter, J stood up, put her clothes
on, and sat on the floor. It was at this time that she vomited. He then
called out to his cousins and they cleaned up the mess. Afterwards,
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Karen T. Vertido vs. the Philippines
29 November 2007
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hard to believe that complainant felt the searing pain that she
described.
117The decision was rendered by the Regional Trial Court of Quezon City,
Branch 76.
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Karen T. Vertido vs. the Philippines
29 November 2007
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his pants, grabbed her by the hair and pushed her face down making
her perform oral sex. She felt helpless and afraid as the accused had
a .38 caliber gun which he placed near the sink. She could not tell
whether WF was holding the gun or not because it was too dark.
118The decision was rendered by the Regional Trial Court of Bohol, Branch 2, Tagbilaran
City.
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Karen T. Vertido vs. the Philippines
29 November 2007
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pregnant and insisted on being told how it came about. It was then
that she had to tell them about the incidents.
On the other hand, the accused EG, 39 years old and married
(but also separated from his wife), denied the rapes and claimed that
he and LT were lovers. He said that they engaged in mutual sex
with each other even before May 1997. He testified that he was a
frequent customer at LT’s bakery/store before he befriended her;
that he courted her and she accepted him; that they would have sex
at LT’s store when her children were asleep; that they agreed for LT
to keep the backdoor of the store unlocked so that he could enter at
night; that they tried to keep their relationship a secret but that the
neighbors may have sensed it because they often saw him leave the
store early in the morning; that LT informed him that she was
pregnant and asked money for abortive drugs; that he loved LT and
he believed she also loved him; that he admitted that he was the
father of the child born to LT; that he approached LT’s parents to
inform them of their relationship and to offer that if the charges
would be dropped he would leave Bohol; that the only reason LT
filed charges was because she had no other way of explaining her
pregnancy to her family who knew nothing about their affair.
that EG had returned to Sikatuna in May 1998, LT did not break her
silence to the police and her relatives and friends so that she can be
accompanied or protected in her stay at the store. She did not ask to
be relieved of her duties at the store and stay in the protective
confines of her home with her family. When she was allegedly raped
for the second and third time, she was fully aware of the presence of
EG in the vicinity yet she chose to be alone in the bakery.
On May 14, 2002 or eight days after the alleged rape, RT told
her aunt what happened because she could not bear it anymore.
When MH arrived that evening he and his wife had a fight. Later,
the couple mauled RT. At 9:00 in the evening of the same day, police
officers went to the house of MH because of a report of the mauling.
The police brought MH and RT to the police station where RT told
the police that she was molested on May 6, 2002.
119 The decision was rendered by the Regional Trial Court of Davao City, Branch 33.
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29 November 2007
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(b) RT did not shout for help when she could have
easily done so since this happened at noontime in a place with
many people and establishments.
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Karen T. Vertido vs. the Philippines
29 November 2007
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(g) The fact that the accused was able to have a second
intercourse with her and to stay on top of her and inside her
for a long period of time is a strong circumstance against her
claim that the sexual acts were done by means of force or
threat to her life.
120The decision was rendered also by the Regional Trial Court of Davao City, Branch 33
and penned by the same judge as in Case No. 6. The cases were tried only against NP
because PP was not brought to the jurisdiction of the court.
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Karen T. Vertido vs. the Philippines
29 November 2007
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kissing her again. She made an alibi and went to the bathroom
because she wanted to call her husband but she realized she left her
cell phone in the bedroom, so she went back. NP was waiting for
her. He pulled her to a corner, removed her jacket then threw her to
the bed. He lay on top of her and proceeded to undress her and have
sex with her. RE was being noisy; she kept reacting and shouting,
saying “Don’t NP, don’t NP. That’s enough, NP, that’s enough.”
After a while, NP stood up. RE asked him why he did that to her.
She hastily put on her panty, but PP came, pulled her panty and
“used” her also. RE kept saying “Don’t PP, don’t. That’s enough.”
RE, NP and PP left the motel together on a taxi at 4:00 in the
morning of December 23, 2002.
3. “Being without contact with each other for five (5) years, it
is highly likely that the passion and lust they had for each other in
1997 was rekindled by being together again on December 22, 2002.”
While each of the seven cases has incidents unique to it, all seven
exhibit not only points of likeness to the author’s case, but also similarities
in the manner the court justified its decision of acquittal. These similarities
can be summarized into five elements which, according to all the cases, are
sufficient to form a reasonable doubt in the mind of the court for it to
decide in favor of the accused.
In the case of People vs. PO1 WF, the court allowed the defense to
adduce evidence that there had been previous sexual relations between the
accused and the complainant, and that it was well-known to the accused's
companions and co-workers that the complainant was his “girlfriend.” In
People vs. EG, the court held that the “sweetheart theory” is a valid defense
if it is shown that the accused and the victim were in an illicit
relationship.121 In People vs. NP and PP, the court gave much weight to the
previous sexual relations of the complainant with the accused five years
prior to the alleged rape. These decisions also completely ignored the Rape
Shield Law122 when they devoted attention to allegations regarding the
complainants’ past sexual conduct when such is not material to a rape case.
with all her might, to defend her honor to the point of serious injury to
herself, even at the risk of death. After she has been raped, a woman is
expected to flee from her abuser and to never see him again. A real rape
victim should report the incident to the proper authorities or to her family
at the earliest opportunity. She should manifest evident rage, distress or
anguish. She is also expected to recall every detail of the violation she
suffered.
In People vs. RM, the court concluded that the bruise on the
complainant's chest was inconsistent with the injuries usually sustained by
rape victims. However, the court did not specify as to what were the
“injuries usually sustained by rape victims.” In People vs. DD, the court
concluded that the bruises on the complainant's right arm and left thigh
were “minimal” and could not have been serious inflictions sufficient to
have minimized the movements or resistance of the complainant to the
alleged sexual intrusion. Also, the resistance must be tenacious and
manifest; verbal objections should be accompanied by “violent physical
resistance.” In People vs. PO1 WF, the court concluded that the
complainant did not put up any struggle because the accused “had no
difficulty in realizing and satisfying his lustful desires” on the former. In
People vs. MH, the court said that had the complainant really resisted there
would have been telltale signs of struggle. In People vs. NP and PP, the
court found that since there was no traumatic evidence of entry in the
complainant’s vagina, “there was gentleness in the intromission as is only
possible in consensual sex or because she was fully aroused and
lubricated.”
Fourth. In the cases summarized above, the courts required that for
the element of force, threat or intimidation to be appreciated, it must be of
such nature that it totally deprived the victim of any freedom and is
usually in the form of actual physical violence or a direct continuing threat.
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29 November 2007
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In People vs. PO1 WF, the court did not give any weight to the
complainant's allegation that she feared for her life because the accused
had a .38 caliber gun. The court rationalized that nowhere was it in the
records that the accused pointed the gun at the complainant before and
during the actual sexual intercourse, hence there was no force or threat
applied to the complainant at the time. In People vs. FM, the court
concluded that “the alleged threat to JF's life was made when she was
already naked, and after she willingly gave in to RM's advances.“ It is as if
the court is saying that since the threat was made after the carnal act, it
must be that the complainant willingly submitted to the accused. In People
vs. DD, the court said that “the elements of force, threat or intimidation
must have been clearly and convincingly established by the alleged victim
as to have made her submit to the will of the accused.” If the force, threat
or intimidation exists only in the mind of the victim, without any tangible
physical manifestation, it cannot be appreciated by the court. Thus, the
court did not believe the complainant's allegation that she feared for her
life because the accused had a gun: “according to the testimony of G, she
only saw the gun on two occasions: during the preparatory stage when the
accused removed her underwear, and then only after the carnal act was
completed, when it was recovered from the car flooring. The gun could not
have caused the complainant to unwittingly submit to the carnal desire of
the accused.” In People vs. MH, the court held that if the complainant was
able to scream and resist then she was not intimidated by the accused at
all, and that there is nothing in the evidence to suggest that the threat was
continuing and that it had persisted.
the case of People vs. Savellano,123 the Supreme Court has recognized that
the force or violence necessary in rape is a relative term, depending on the
age, size and strength of the parties and their relation to each other.
Moreover, as discussed earlier, the element of force, threat or intimidation
should be construed to include other coercive circumstances not
necessarily physical that vitiate the woman’s consent. For the courts to
continually look for physical manifestations of force, threat or intimidation
is not only unreasonable but also discriminatory.
Fifth. The trial courts maintain that the first four elements determine
whether or not the complainant consented to the sexual encounter. An
intimate relationship between the complainant and the accused, any
deviation from the “normal” behavior expected of women and rape
victims, the absence of bodily injury, or the lack of obvious force, threat or
intimidation is sufficient to adjudge the sexual encounter as consensual.
The failure to manifestly oppose the carnal act, and even if there was
opposition, the failure to effectively oppose the carnal act, is tantamount to
consent. As per People vs. PO1 WF, “Consent, no matter how reluctantly
given, is still consent.”
In People vs. NP and PP, the court referred to rape as a “crime against
chastity” even if it had been eight years since the Anti-Rape Law of 1997128
which reclassified rape from a crime against chastity to a crime against
persons, was passed. The judge also added too much insult to injury: not
only did he deny the rape of the complainant, he also repeatedly portrayed
her as an unfaithful woman who derived immense pleasure from the same
act that she decried as a violation of her person.129 In People vs. MH, the
judge included in his decision a narration of the unnecessary and improper
details of the sexual encounter, such as the “fingering,” “licking” and
“foreplay” done to the complainant and if she enjoyed it, which shows an
belated disclaimer in the last paragraph before the dispositive portion of the decision, in
consideration of the feelings of the complainant’s husband, saying, “That is why the Court
have [sic] not advisedly characterized what happened as an act of marital infidelity in
deference to the sensibility [sic] of the innocent spouse and on the possibility that the
offense had indeed been committed except that an acquittal has to be rendered because
prosecution failed to overcome the presumption of innocence.” (Emphasis supplied.)
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Karen T. Vertido vs. the Philippines
29 November 2007
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The same judge who heard and decided People vs. MH and People vs.
NP and PP also rendered a decision acquitting a police officer of two
charges of rape of a 14-year-old minor, committed while the child was
under the custody of the Children and Women’s Desk (formerly Women
and Child & Youth Relation Section or CYRS/WCD) of the Davao City
police station.130 The decision was largely based on the finding that the
complainant was a juvenile delinquent, that she was “no longer a child but
a woman in a minor child’s body, old in the ways of the world beyond her
years” and that she was “no longer a virgin, having been deflowered by
her boyfriend at the age of 12.” The court also said “it is possible then that
she concocted this lurid tale of lust and rape just so she would not be
brought to the CYRS where her face is already well known or for other
undisclosed and ulterior motives.” However, the case is not included in
this Communication because the author believes that the discrimination
against the victim is so severe, running through the entire legal process –
from the investigation to the prosecution, trial and judgment of the case –
such that it necessitates a full-blown discussion which is not possible in
this Communication.
130 People vs. PO2 FO, Criminal Case Nos. 41,576-98 and 41,577-98, March 3, 1998.
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29 November 2007
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Barely two months before the Court decided the Relox case, it
recognized in People vs. Malones135 that “[b]ehavioral psychology teaches
that people react to similar situations dissimilarly. Their reactions to
harrowing incidents may not be uniform….The range of emotions shown
by rape victims is yet to be captured even by calculus. It is thus unrealistic to
expect uniform reactions from rape victims. Indeed, we have not laid down any
rule on how a rape victim should behave immediately after she has been abused.
This experience is relative and may be dealt with in any way by the victim
depending on the circumstances, but her credibility should not be tainted with any
modicum of doubt. Different people act differently to a given stimulus or
type of situation, and there is no standard form of behavioral response
when one is confronted with a strange or startling or frightful
experience.”136 Yet the Relox decision implies that “obstinate resistance” is
the natural response of an unwilling victim.
In People vs. Valdez,137 the Court ruled that “[i]n rape through force or
intimidation the force employed by the guilty party need not be irresistible.
It is only necessary that such force is sufficient to consummate the purpose
131 Gatmaytan, Dan. “Character, Credibility, and Contradiction: Rape Law and the
Judicial Construction of the Filipina.” 1998 Philippine Peace and Human Rights Review.
Chapter 4, pages 117-158.
132 People vs. Ilagan, G.R. No. 144595, August 6, 2003; People vs. Domingo, 226 SCRA 156
(1993); People vs. Adlawan, 217 SCRA 489 (1993); People vs. Palicte, 229 SCRA 543
(1994); People vs. Dupali, 230 SCRA 62 (1994); G.R. No. 144595, August 6, 2003.
133 G.R. No. 149395, April 28, 2004, citing People vs. Eliarda, G.R. Nos. 148394-96, April
30, 2003.
134 Emphasis supplied.
135 G.R. Nos. 124388-90, March 11, 2004.
136 Emphasis supplied.
The Court’s double standard has not remained unheeded and has
been invoked by both defendants and judges of trial courts like Judge
Europa. Efforts from the defendants to show that the complainant is an
exception to the stereotypes continue as if this constituted a proper defense
to a charge of rape. Recent cases show not only that defendants’ attempts
to cast the complainants in an unfavorable light continue unabated, but
also that the Supreme Court has been slow in curbing these attacks on the
character of the complainant.
144 Citing People vs. Garces Jr., 379 Phil. 919, 937 (2000).
145 G.R. No. 168737, February 16, 2006.
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29 November 2007
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It bears noting that the rape cases that reach the judiciary have gone
through a rigorous and often discriminatory screening by the law
enforcement agencies and the prosecutorial offices. There is no national
data that shows how many cases get dismissed by the prosecution agencies
after preliminary investigation but indicative data from women’s NGOs
and direct service providers point to a significant number. The lack of
national data notwithstanding, it could be said that the cases that survive
this screening process are those that somehow pass the “test of
acceptability” as rape by investigators.
146 Roberto Ador, Merci Angeles and Soliman Santos Jr. Justice and Healing: Twin
Imperatives for the Twin Laws Against Rape (2001).
147 Id., citing the Directorate for Investigative and Detective Management, Philippine
150 One of the authors of this law was then Senator Leticia R. Shahani, who also
supported the complainant in her search for justice.
151 This law and the Department of Justice Memorandum No. 9 series of 1998 (Guidelines
on the Handling of Rape Cases Involving Adult Victims) mandate the fair and respectful
treatment of the adult rape victim, the assignment of a female investigator during
inquest or preliminary investigation, the inadmissibility of evidence of the victim’s past
sexual conduct or reputation unless such evidence is material and relevant to the case,
among others.
152 The PHILJA was first created by the Philippine Supreme Court through
Administrative Order No. 35-96 dated March 12, 1996. Later, on February 26, 1998, the
Philippine Congress enacted Republic Act No. 8557, establishing the PHILJA, defining
its powers, and appropriating funds for it.
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29 November 2007
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For its part, the CGRJ, together with the PMO, prepared a Strategic
Gender and Development Mainstreaming Plan for the Philippine Judicial
System for five years (2004-2008) (“Gad Plan”),154 which states its GAD
vision as “a judicial system that is sensitive and responsive to gender
equality and empowerment in all its policies, programs and activities,
thereby providing effective, efficient and accessible justice to all.” To
facilitate the implementation of the GAD Plan, the CGRJ formed sub-
committees.155
153 It was created on March 27, 2003 through Administrative Circular No. 22-2003. It is
one of the standing committees of the Supreme Court composed of two Associate
Justices of the Supreme Court as co-chairs, six members and a secretary.
154 This Plan was developed after the CGRJ and the PMO went through a GAD
conducted training needs analyses (through surveys), focus group discussions, and
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29 November 2007
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The same Plan also lists as opportunities, under the same “Results of
Environmental Scanning,” “Capability of PHILJA to develop modules and
materials on gender sensitivity and responsiveness” and “Availability of
WLB’s training manual on rape case management,”156 and across those
opportunities, as “Actions to Exploit,” “Encourage PHILJA to produce
training modules and materials on gender sensitivity and responsiveness”
and “Use WLB’s training manual on rape case management as one
resource material for gender sensitivity and responsiveness training.”
gender sensitivity trainings. It also aims to identify gender-sensitized judges and court
personnel through database statistics. In a tie-up of its sub-committee on partnership
and networking with other GAD advocates, liaisons were created with other
government agencies, NGO’s and academic institutions. Its sub-committee on gender
audit of policies included in its action plan the evaluation of at least 50% of court rules,
policies, programs and facilities through organizational diagnosis and progress reports.
In 2004-2005, its sub-committee on gender-responsive database made an inventory,
analysis and development of a gender-sensitive case management system. It also
integrated gender-based data in the monthly reporting system and docket inventories of
the courts. Its sub-committee on the promotion of the use of gender-fair language
reports that it conducted GAD orientations for all court employees. Through the latter
committee’s recommendation, the Supreme Court issued A.M. No. 06-8-21-SC, which
encourages the use of gender-fair language in all documents, communications and
issuances. Its sub-committee on the organization of regular family courts has conducted
consultations with judges of family courts to identify their strengths and weaknesses and
propose measures to reinforce them as to their structure, functions and operations. In
line with this, the CGRJ has partnered with the PHILJA to train judges and court
personnel in handling child abuse cases with the view of improving their attitudes and
practices towards child victims.
156 Referring to the training manual produced by the Women’s Legal Bureau, Inc. entitled
This latest effort of the judiciary is laudable, but much still needs to
be done given the extent of the prejudice against women victims of rape
and other sexual violence within the judiciary. Indeed, as recognized by
the Committee, “gender sensitive training of judicial and law enforcement
officers and other public officials is essential for the effective
157 PHILJA Conducted Seminars for 2006. Retrieved from the World Wide Web from
http://philja.supremecourt.gov.ph/conducted.htm on 29 October 2007.
158 2007 PHILJA Calendar of Activities. Retrieved from the World Wide Web from
An acquittal under Philippine law puts an end to the process for the
victim. It is a settled rule in Philippine law that the constitutional right
against double jeopardy operates as a bar to the filing of any appeal from a
judgment of acquittal.
private counsel. Thirdly, the remedy should have been availed of by the
Office of the Solicitor General within 60 days from the date of the acquittal.
In this case, assuming that grounds for a Petition for Certiorari under Rule
65 of the Revised Rules of Court exist, the People of the Philippines did not
avail of that extraordinary remedy within the required 60-day period.
This matter has not been and is not being examined under another
procedure of international investigation or settlement.
(a) Review the laws against rape and other forms of sexual
violence including their enforcement and implementation by the law
enforcement and prosecutorial agencies and the courts towards
removing or amending provisions of laws that lead to
discriminatory practices and doctrines, and to clarify that rape is
about the lack of consent of the victim; and
C. General
(d) Ensure that victims of sexual violence and their families receive
appropriate protective and support services, and not leave them to their
own devices to address their psychiatric or psychological needs; and
KAREN T. VERTIDO
Assisted by:
EVALYN G. URSUA
Counsel
Communication under the Optional Protocol to the Women’s Convention
Karen T. Vertido vs. the Philippines
29 November 2007
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