#CRIMPRO

[daphenominchief]

People v. Gutierrez [GR Nos. 147656-58 (09 May 2003)] 

A man appeals his conviction of three counts of rape, claiming consensual encounters, but the Supreme Court affirms the decision, emphasizing that the absence of physical injuries does not negate rape and that the victim's credibility and explanation for delay are sufficient evidence.

Facts:

Accused: Bernabe Gutierrez y Gutierrez

Victim: Gina V. Alcantara, his niece

Incidents: Occurred on July 24, 1999, July 30, 1999, and August 12, 1999

Location: Barangay Salaan, Mangaldan, Pangasinan

Circumstances: Gina and her sister Matet were living in Bernabe's house to care for their bedridden grandmother.

Allegations: Bernabe threatened Gina with a knife, forced her to undress, and raped her on three occasions.

Delay in Reporting: Gina did not report immediately due to fear for her life and her family's safety.

Disclosure: Gina confided in her uncle Boyet, who took her to her sister's house in Pasay City.

Formal Complaint: Filed on August 23, 1999; medical examination revealed hymenal lacerations.

Defense: Bernabe claimed the sexual encounters were consensual.

Trial Court: Found Gina's testimony credible, convicted Bernabe of three counts of rape, sentenced him to reclusion perpetua for each count, and ordered him to pay civil indemnity, moral damages, and exemplary damages.

Appeal: Bernabe argued his guilt was not proven beyond reasonable doubt and cited several trial court errors.

Issue:

Jurisdiction: Did the trial court err in assuming jurisdiction over the three counts of rape despite alleged defects in the Informations?

Decision Clarity: Did the trial court fail to state clearly and distinctly the facts and the law on which its decision was based?

Threat and Intimidation: Was the degree of threat, force, or intimidation sufficient to compel Gina to submit to Bernabe's advances?

Proof Beyond Reasonable Doubt: Did the prosecution fail to prove Bernabe's guilt beyond reasonable doubt?

Victim's Credibility: Did Gina's behavior after the alleged rapes undermine her credibility?

Medical Evidence: Was the trial court correct in concluding that the hymenal lacerations were consistent with Gina's allegations of rape?

Counsel's Diligence: Did Bernabe's counsel fail to exercise the required diligence in defending his client?

Ruling:

Jurisdiction: The Supreme Court held that the Informations were sufficient and that the trial court had jurisdiction.

Decision Clarity: The Court found that the trial court's decision clearly and distinctly stated the facts and the law on which it was based.

Threat and Intimidation: The Court ruled that the degree of threat, force, or intimidation was sufficient to compel Gina to submit to Bernabe's advances.

Proof Beyond Reasonable Doubt: The Court affirmed that the prosecution proved Bernabe's guilt beyond reasonable doubt.

Victim's Credibility: The Court held that Gina's behavior after the alleged rapes did not undermine her credibility.

Medical Evidence: The Court agreed with the trial court's conclusion that the hymenal lacerations were consistent with Gina's allegations of rape.

Counsel's Diligence: The Court found that Bernabe was bound by his counsel's conduct and that any alleged negligence did not warrant a different outcome.

Ratio:

Sufficiency of Information: The information was deemed sufficient as it contained necessary details, including the name of the accused, the designation of the offense, the acts constituting the offense, the name of the offended party, the approximate date, and the place of the offense.

Decision Foundation: The trial court's decision was well-founded, clearly stating the facts and the applicable law.

Intimidation and Moral Ascendancy: The Court explained that intimidation and moral ascendancy, especially by a close kin, could compel submission without physical resistance.

Victim's Testimony: Gina's consistent and emotional testimony, despite rigorous cross-examination, was deemed credible.

Delay in Reporting: The Court noted that it is not uncommon for rape victims to delay reporting the crime due to fear and threats from the perpetrator.

Counsel's Conduct: The Court reiterated the principle that a client is bound by his counsel's conduct.

Sentencing: The Court upheld the trial court's imposition of reclusion perpetua for each count of rape, in accordance with Article 266-B of the Revised Penal Code, as there were no mitigating or aggravating circumstances.

Damages: The awards for civil indemnity and moral damages were affirmed, but the award for exemplary damages was deleted due to the lack of an aggravating circumstance.

[owlchimedes]

gooood morning all! cannot sleep this a.m. so here's the plan for the last 24 hours before school begins again tomorrow:

check bookstore for used textbooks (again)

message Prof. M to set meeting (& give perm. for model answers)

message Prof. O about log-in (??)

submit P2P approval request

message A, C, L, M, N

go to the gym

crimpro p.9-35

crimpro p.35-67

property p. 1-24, handout 1

class prop. questions

conlaw xxvii-l, 1-22

S&S Ch. 1, p.1-30

lr student intro post

read sample motion briefs

AP Ch. 1-2, App. B

ALW Ch. 9 (I & II)

message NEDC AC and CW groups

message ILS board

retrieve keys from the cat sitter (give omiyagi)

go to hardware store

clean apartment and bedroom

curate bedroom

grocery shopping & resize wristwatch band

duolingo Italian lessons

duolingo French lessons

collect & curate job application materials

write 4 cover letters & submit

[turkey-sandwich]

Yeah, no wonder they sent this guy to deal with fucking CrimPro

[aroace-shumika]

ok i havnt read ryuseitai stories in a hot minute so sorry in advance if i end up wrong w anything. anw

the main thing with a lot of the ryuseitai ! era stories was chiaki preparing tetora in way for the title of ryusei red and ryuseitai leader after chiaki and kanata graduated, and like that did happen but w the implementation of ensemble square in !! era chiaki and kanata were allowed to like. hang around and ryuseitai split into 2 sections: ryuseitai-M, w the original members and chiaki as the leader/ryusei red, and ryuseitai-N, w two new members, the ryuseijuniors, and tetora as ryusei red.

the first ryuseitai event was chiakis, where in it it was revealed that ryuseitai-N was going to be disbanded, thus demoting tetora back to being ryusei-black full time while chiaki got to be ryusei red again.

quick note. chiaki and tetora both have self worth issues and go about dealing w it in different ways. tetora goes about it the self-improvement way and thats why he's got the "become the manliest man i can be" thing going on. chiaki on the other hand is the "shoulder all the burdens and peopl's negative emotions myself" type which. clashes greatly w tetora.

so anw. in the ryusei events that are chronologically between chiaki's event and tetora's ryuseitai is having interpersonal issues, could not give you details bc as i said it has been a hot minute since i read a ryuseitai story. on to tetora's event story "supervillain"

it's in this story where the intergroup tension comes to a head and tetora leaves ryuseitai to join the company Crimson Productions, or "Crimpro". do not have the energy to full get into crimpro's deal but short ver its mostly made up of kids that have been outcasted in a way bc of the ensemble square idol monopoly. anw. while tetora does end up being smthn of a double agent and comes back to ryuseitai its in this event where teotra and chiaki both like. talk properly. and from tetora especially he has a monologue near the end of the story that i love and almost made me cry the first time i read it. then while tetora still technically doesn't reclaim the role of ryusei red, it's after this event that tetora official becomes the center in ryuseitai arts, and ryuseitai itself undergoes a change where they all take turns being the leader of ryuseitai instead of just chiaki or just tetora.

anw. there;s more details that could be said here but this already long as fuck and i want you to get the experince of reading some of these scenes (especially supervillain. jesus christ). slaps head of this rant bon apetite or whatever

OH MY GOD……ohhhhdhhfg… i’ve read this story:

so i have seen a bit of tetora’s self worth and self improvement stuff. but with more context. uousaghghf….ougghhahsdjjgf……supervillain is on my read list now then. oh ryusetai i love you

[kanasous]

higuys . so do we ever think about the tetora ptsd from crimpro and watching people die .

[venerers]

i keep engineering and tinkering with the timeline of venery in my head but i truly do think there's no way out of this for kay: they're cramming for and taking the bar like while they're still mourning clarence for sure. like sorry you just got out of an insane lifechanging situationship that permanently altered your view of humanity and love and loyalty btw. you have to learn all of crimpro in three days now

[inkrage]

done with crimpro recit and I hope I did well :)

[pusakalye]

passed three out of eight (tax, crimpro, civpro)

failed one out of eight (pil)

torts and labor still hasn't released

locgov will probably not get released

not sure if corpsec will be released

my life update:

- got into the firm of my choice, gah... excited to start my internship this summer! apparently my brother came back to the firm too so i will also possibly see my brother a lot :3

- passed three out of eight of my midterms. waiting still for the other five but i'm just always hoping for good things.

- in the province right now, i just wanna go home and rot in my bed. i found a minecraft youtuber i like the humor of so i'm just bingewatching that right now lol

[jlstudying]

I just find the colors so pretty 😍 Currently using lots of post its to attach in my Codal

[castielcommunism]

sam definitely listens to lawyer podcasts

[owlchimedes]

hoo woke up at 4:10 am to finish an essay before classes and let me tell you I am teeter tottery today!! I'm skipping my 10:30 because if I go sit in the front row rn (as per usual), I will start crying when my prof grills me about drug busts. afternoon classes are happening though, and I'm helping to host a scholar talk tonight!!

emails

therapy check in

kaleidascope essays

prep tmrw presentation

prep tmrw job interview (8:00 am T.T)

property 317-333 + q

property 333-344 + q

legal research slides & hw

property problem set

crimpro self-evals

found. work

1:20 property

7:00 env talk & dinner w speaker

deep scrub kitchen

grocery divvy

[akiyamastar]

Hi guys. Random Chiaki rambling after so long that also has to do with tokusatsu. Because I'm extremely normal.

In all honesty, Chiaki is literally like every typical red ranger in tokusatsu ever. (Or at least nearly every red ranger in sentai at least, since I don't watch enough kamen rider, although I'm sure there's just a general overlap regardless.) I was thinking about this again when I saw this translation:

For those who might not know a lot about sentai, the red ranger is not only usually the main hero of the story, but generally has similar traits of overflowing optimism, a general aptitude towards helping others even at the cost of themself, and sometimes a really boisterous laugh. Which probably sounds a lot like Chiaki to you even if you don't know much else about toku.

I think it's neat that Chiaki's character writing is quite literally based around the typical red ranger's personality, and how in Meteor Impact, he's able to "transform" (although in a metaphorical sense rather than a literal one) into a beacon of light to keep the future of Ryuseitai afloat. He transforms into a hero in his own way for Kanata's sake, just like the red ranger transforming in a literal way to defend people who need assistance.

If you're a RyuseitaiP, I honestly do recommend getting into tokusatsu. <- insane person

Yes, they are generally kids' hero shows. But they're often really fun to watch and I think it also makes you understand how Enstars' writing not only purposefully made Ryuseitai's unit setup like a toku with the 5 different colors, but even their unit stories often overlap with tokusatsu references. While I wasn't the biggest fan of the Universe event story, that entire plot setup was toku-esque on its own, with an actual "villain" side set up with CrimPro (a very cheesy name) being established.

Tetora is also very representative of a typical black ranger in tokusatsu: the black ranger is "devoid" of color, you could say. In toku, they're often elusive or maybe even mysterious and morally gray character that might feel like somewhat of an outcast from the rest of the team.

I think Chiaki, Ryusei Red, being the leader of Ryuseitai, and Tetora, Ryusei Black, being the one who was supposed to inherit that title, sets up a really interesting dynamic not only for their characters but also accurately references their differences in the archetypes they were based around.

Tetora, the one "devoid" of light, is the one that ends up leading the group back to harmony again during Ryuseitai's worst points, even though he tried to act like the villain, quite unlike Chiaki, who does have some issues with trying to be heroic at all costs, without always realizing when his juniors don't agree with that.

I think Kanata representing the blue ranger also makes a lot of sense contextually solely because red-blue dynamics in tokusatsu are usually absolutely insane. They set up parallels between them often, even if they differ in mindset. I think it makes me appreciate the colors they gave to everyone in Ryuseitai even more.

[mihai-florescu]

Mihai. Mihai my enstars professor mutual. What the heck is going on with ryuseitai

Ok so i read some liveblogs but i havent read comet show or submarine so a lot of references to those were lost on me (im waiting for them to come to engstars) and thus im not the best professor for this story.

But the tldr is that there's an agency in Okinawa (same place Submarine was held in during the ss arc), Crimson Production, that opposes ES's monopoly and that's where a bunch of ex ryuseitai kids have gone to (theyre called Antistars). Tetora goes to help these kids and the media publicizes it as him leaving Ryuseitai. Shinobu goes to find out the truth, talks to Tetora about the opposing ideologies, the next day the news state that he also left Ryuseitai. So the rest of the group go to Okinawa to see what's up. They trespass, Tetora and Chiaki have an argument and fight, but dont worry, Tetora is a spy on the inside of CrimPro and needed to make his loyalty to them believable. Chiaki opens up to Tetora about his time in the war (i realise as i type this how ridiculous this game sounds to an outsider...)

This was a distraction for Kanata and Midori to find and free Shinobu, and to find papers to destroy the company. They get caught. The 5 are reunited inside the agency and Tetora reveals he is a spy for ES but he does genuinely want to help the antistars kids who are mistreated by CrimPro for being former ES idols. So CrimPro are evil and need to be destroyed but im a bit confused at this part ngl. Something something yakuza something something they actually kill people so it's super dangerous (i think this part has a callback to Submarine that im not getting). They cant go to the local police cuz the organization has inflitrated it so the only option for Ryuseitai is to renounce ES and join CrimPro.

While making the announcement theyre actually sending ES secret messages, dangerous stuff if they get caught. Theyre gonna hold a live for CrimPro which is a distraction for ES to intervene, and while theyre preparing for that, Tetora has a self hating monologue about his own skills and merits. He's not being self sacrificial bc he's a hero but bc he doesnt mind putting his life in danger::::)

At the live they discuss about roles and who's the leader. Tetora cant become Chiaki, but he can be his own person with his own skills, and like this maybe he can even surpass Chiaki. They keep their colors but those expectations of having to fill in Chiaki's shoes are going away. So anyway, back to the live, Ryuseitai had secretly sent back to Eichi evidence to condemn CrimPro and now he's ready to bust them down (i dont know if Eichi is there personally with the police or if he's just in charge from above... i assume the latter?)

They tell themselves that they're not harming people but just destroying the environment where the evil had spread (Chiaki compares it to the war, but i think he's being idealistic...people Did get hurt in the war too. There's a cenotaph for the students who killed themselves afterall...) And uh. Then we get to the epilogue, that I haven't seen translated yet. I assume they're successful (imagine if we went through all of this only for someone to die lmao)

So. Ta daa. Thats it. Erm. I know this isnt new to enstars but i feel like things have felt more dangerous and high stakes, especially in the ss arc and 1.5 (negi just. Faked being shot by a hitman. That shit was traumatizing. This is set after that). I dont really know what other stories we could get of Ryuseitai set in our current year if im being honest. This felt like Climax yknow?

Well, im looking forward to translations of this story cuz im not entirely clear on everything just with the livetweets. And looking forward to reading comet show and submarine when they come to the english server. Hope this was helpful^_^

[reisakumaproducer]

Sorry for not posting too much on tumblr. The new enstars tetora event upsets me writing wise and I wish tetora was the leader. I am sorry idc about the whole “ryusei-black thing” where the colour of ryuseitai’s centre alternates with who they decide to be the temporary leader. It’s dumb. Enstars unit events are already set up like that. Can you imagine if during Coruscate Breeze event Tsukasa went “okay everyone let’s have tsukinaga lead us at this music summer event or whatever it was called and rebrand as knights orange BUT THIS IS TEMPORARY” no that would be stupid. every knightsP would find that dumb. that is how I feel. Sorry for the rant. You are welcome to disagree but I feel like this build up involving tetora’s lowkey hurt feelings in submarine was for nothing if the whole crimpro stuff was an act. It’s too confusing. I don’t understand

[yume-fanfare]

theres something infinitely funny about a criminal organization named CrimPro

[perceremade]

CrimPro just soinds like evil cospro