DEPARTMENT OF JUSTICE

NATIONAL PROSECUTION SERVICES

CITY PROSECUTION OFFICE
Hall of Justice
Baguio City

PEOPLE OF THE PHILIPPINES, NPS DOCKET No. II-70-

Plaintiff, INV-78A-00019

For:
- versus -
RAPE

MAMBO OSOKA y BELLO and

MANNY AKOL y ROSI,
Respondent.
x - - - - - - - - - - - ---- - - - - - - - x

RESOLUTION

The private complainant Shana R. Ape filed this instant case

against Mambo B. Osoka. After a perusal of the complaint
affidavit submitted by the complainant, it was determined that
Manny R. Akol also participated in the commission of the
alleged rape.

Subpoenas were issued to both respondents for them to file

their counter-affidavits. However, up to the present time,
Manny R. Akol has not yet filed his counter-affidavit.

The complainant alleged that the incident occurred on

August 12, 2019, at around eleven o’clock in the evening. She
alleged that while she was on her way home from her
workplace located along Naguillian Road, Baguio City, someone
suddenly grabbed her neck and pointed a knife at her side. The
complainant alleged that she recognized the assailant to be her
former boyfriend, Manny R. Akol. Manny R. Akol then
threatened the complainant to keep quiet, otherwise, he would
stab her to death. Fearing for her life, the complainant did not
attempt to ask for any help.

The complainant was then dragged to a nearby tricycle

lying in wait and driven by respondent Mambo B. Osoka.
Afterwards, the complainant alleged that she was brought to
the house of respondents Mambo B. Osoka and Manny R. Akol
located at Mercury Street, Quezon Hill, Baguio City.
 The complainant alleged that when they reached the house
of the respondents, she was dragged to the bathroom. Once
again, the respondents reiterated their threat of killing her if
she does not comply with their demands. After making sure
that their threats have taken its desired effect on complainant,
Mambo Osoka asked the complainant to step on the rim of the
toilet bowl with her legs apart while facing him. Fearing for her
life, the complainant complied. Manny Akol then placed his
arms tightly around complainant’s waist. Mambo Osoka on his
part, lowered his shorts down to his knees. Afterwards, while
Manny Akol was holding the complainant around the waist,
Mambo Osoka inserted his penis to the vagina of the
complainant and made push and pull movements.

The complainant alleged that Mambo Osoka then withdrew

his penis from her vagina and repositioned himself in front of
her. Manny Akol on the other hand moved behind the
complainant. Manny Akol then brought down his pants and
inserted his penis inside the complainant’s vagina. At the same
time, Mambo Osoka inserted his penis inside the complainant’s
mouth. Both Mambo Osoka and Manny Akol continued doing
push and pull movements. After some time, the complainant
felt something wet coming out of the penises of both
respondents.

After the alleged incident, the respondents threatened to

kill the complainant if she informed anyone about what
happened. She was then told to put on her clothes and allowed
to go home.

Upon reaching home at around 3:30 in the early morning of

August 13, 2019, the complainant told her mother about what
happened. Appalled, the complainant’s mother accompanied
the complainant to the Woman and Child Protection Desk of
Station 2, Baguio City Police Office, to report the alleged rape
incident. Then WCPD officer on duty, Marie Ann So interviewed
the complainant, prepared the report and coordinated with the
National Bureau of Investigation Medico-Legal office for the
conduct of a medico-legal examination on the complainant.

A medico-legal examination was conducted on the same

day, August 13, 2019, and the medico-legal certificate was
forwarded to this office along with the police report on August
14, 2019.
The Respondent, Manny Akol failed to submit his
counter-affidavit or any controverting evidence despite
subpoena to him to do so. Hence, WE will resolve the case
solely on the basis of the pieces of evidence submitted by the
Complainant and the counter-affidavit submitted by
respondent Mambo Osoka.

WE NOW RESOLVE.

The complainant cries rape while respondent Mambo

Osoka claims consensual sexual intercourse. The complainant,
in support of her claim attached a copy of the police report
attesting to the fact that she immediately reported the alleged
rape incident after it happened and the medico-legal certificate
issued by the medico-legal officer after conducting an
examination of her on the same day. On the other hand, the
respondent did not present any witness or evidence to support
his claim of consensual intercourse.

The Police Report forwarded to this office by Police

Station 2 of the Baguio City Police office and also attached to
the complainant’s affidavit complaint states that the
complainant, accompanied by her mother, presented
themselves at the police station at five o’clock in the morning
of August 13, 2019 and reported an alleged rape incident
committed against the complainant by the respondents. The
police report further states that the complainant told the
police officers that respondent Manny Akol grabbed her by the
neck and pointed a knife at her side and dragged her to a
tricycle lying in wait with its engines running, owned and
driven by respondent Mambo Osoka. Thereafter, the
complainant was allegedly brought to the house of the
respondents at No. 298 Mercury Street, Upper Chrome, Quezon
Hill, Baguio City. The respondents then allegedly raped the
complainant after bringing her to their home.

The medical certificate of the complainant also revealed

that there are fresh lacerations on the hymen as well as
abrasions and contusions in the perianal area of the
complainant. Also, in the judicial affidavit executed by the
medico-legal officer who conducted the medico-legal
examination on the complainant, it is stated that the abrasions
and contusions in the perianal area of the complainant
affecting the fourchette are the most common genital injuries
in case of forceful entry of the penis or any blunt object in the
vagina.

The respondent, Mambo Osoka, in his counter-affidavit

alleged that the sexual intercourse was consensual. However,
no supporting pieces of evidence or witness testimony were
submitted to support his claim.

A finding of probable cause does not require an inquiry

as to whether there is sufficient evidence to secure a
conviction. It is enough that the act or omission complained of
constitutes the offense charged. The term does not mean
“actual and positive cause” nor does it import absolute
certainty. It is merely based on opinion and reasonable belief.
A trial is intended precisely for the reception of prosecution
evidence in support of the charge. The court is tasked to
determine guilt beyond reasonable doubt based on the
evidence presented by the parties at a trial on the merits.1

Since there are no controverting evidence presented by

the Respondents, WE are inclined to believe the allegations of
the complainant and corroborated by the Police report and
Medico-legal findings. WE find probable cause to indict them
with two counts of Rape under Article 266-A (1) (a) and one
count of Rape under Article 266-A (2)(a).

There is rape under Article 266-A (1) (a) when a man,

through force, threat or intimidation willfully and feloniously
succeeds in having carnal knowledge of a woman against her
will and consent. On the other hand, there is rape under Article
266-A (2) (a) when a person by means of threat, force or
intimidation inserts his penis into the mouth or anal orifice of
another or inserts any other object into the genital or anal
orifice of another person against their will and consent.

The force and violence required in rape cases is relative and

need not be overpowering or irresistible when applied. For
rape to exist, it is not necessary that the force or intimidation
be so great or be of such character as could not be resisted – it
is only necessary that the force or intimidation be sufficient to
consummate the purpose which the accused had in mind.
Further, it should be viewed from the perception and judgment
of the victim at the time of the commission of the crime. What
is vital is that the force or intimidation be of such degree as to
cow the unprotected and vulnerable victim into submission.
Force is sufficient if it produces fear in the victim, such as
when the latter is threatened with death.2

1
Clay and Feather International, Inc., et. al. versus Lichaytoo, et. al. GR. No. 193105, May 30, 2011)

2
People of the Philippines versus Manolito Lucena Y. Velasquez, G.R. No. 190632, February 26, 2014
 The respondents having conspired, confederated and aided
each other in the commission of the above acts shall be
responsible not only for the rape committed by each but also
for the rape committed by the other.

WHEREFORE, premises considered, it is respectfully

recommended that the Respondents be charged with two
counts of Rape as defined and penalized under Article 266-A
(1) (a) and one count of Rape as defined under Article 266- (2)
(a) of the Revised Penal Code.

SO RESOLVED.

City of Baguio, this 11th day of September 2019.

JANA JEN-REYES
Assistant Prosecutor
IBP Lifetime No. 02222
MCLE No. VI-0002022 valid until
04/14/2022

APPROVED:

JIN PEREZ
City Prosecutor
IBP Lifetime No. 01111, 05-05-10
MCLE VI-0001011 until April 14 2022
Bail Recommended: NO BAIL

Copy furnished:

1. Shana Ape - Sunny Side Fairview, Baguio City

2. Mambo Osoka - Quezon Hill, Baguio City

3. Manny Akol - -do-

DA: 08-14-19
DR: 09-11-19
 DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICES
CITY PROSECUTION OFFICE
Hall of Justice
Baguio City

PEOPLE OF THE PHILIPPINES, NPS DOCKET No. II-70-

Plaintiff, INV-78A-00019

For:
- versus -
RAPE

MAMBO OSOKA y BELLO and

MANNY AKOL y ROSI,
Respondent.

x--------------------------------------------x

INFORMATION

The undersigned Prosecutor accuses MAMBO OSOKA y

BELLO and MANNY AKOL y ROSI, both residents of No. 298,

Mercury St., Upper Chrome, Quezon Hill, Baguio City with the

crime of RAPE, defined and penalized under Article 266-A (1)

(a) committed as follows:

“That on or about 11: 00 PM of August 12, 2019, at

Quezon Hill, Baguio City and within the jurisdiction of
this Honorable Court, the above-named accused,
 conspiring, confederating and mutually helping each
other, motivated by lewd design, with the use of a bladed
weapon, by means of force and intimidation did then and
there wilfully, unlawfully and feloniously had sexual
intercourse with Shana R. Ape, without her consent and
against her will.

CONTRARY TO LAW.

City of Baguio, this 11th day of September 2019.

NO BAIL.

JANA JEN-REYES
Assistant Prosecutor
IBP Lifetime No. 02222
MCLE No. VI-0002022 valid until
04/14/2022

APPROVED:

JIN PEREZ
City Prosecutor
IBP Lifetime No. 01111, 05-05-10
MCLE VI-0001011 until April 14 2022

WITNESSES:

1. Shana R. Ape - No. 69 Daisy St., Purok 4, Sunnyside,

Fairview, Baguio City

2. Jane R. Ape - -do-

3. PSI Marie Ann So - Baguio City Police Office, Station 2,

Camdas, Baguio City

4. Dr. Reinaur S. Aluning - National Bureau of Investigation,

Cordillera Administrative Region, Upper Session Road,
Baguio City

5. Others.

CERTIFICATION
 I hereby certify that a preliminary investigation in this case
has been conducted by me in accordance with law; that as
shown by the record, an authorized officer has examined the
complainant and on the basis of the sworn statement and
other evidence submitted before me, there is reasonable
ground to believe that the offense charged had been
committed and that the accused is probably guilty thereof; and
that accused was informed of the complaint and evidence
submitted against him and was given an opportunity to submit
controverting evidence.

City of Baguio, this 11th day of September 2019.

JANA JEN-REYES
Assistant Prosecutor

SUBSCRIBED AND SWORN to before me this 11th day of

September 2019 in the City of Baguio, Philippines.

JIN PEREZ
City Prosecutor

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICES
 CITY PROSECUTION OFFICE
Hall of Justice
Baguio City

PEOPLE OF THE PHILIPPINES, NPS DOCKET No. II-70-

Plaintiff, INV-78A-00019

For:
- versus -
RAPE

MAMBO OSOKA y BELLO and

MANNY AKOL y ROSI,
Respondent.

x--------------------------------------------x

INFORMATION

The undersigned Prosecutor accuses MAMBO OSOKA y

BELLO and MANNY AKOL y ROSI, both residents of No. 298,

Mercury St., Upper Chrome, Quezon Hill, Baguio City with the

crime of RAPE, defined and penalized under Article 266-A (1)

(a) committed as follows:

“That on or about 11: 00 PM of August 12, 2019, at

Quezon Hill, Baguio City and within the jurisdiction of
this Honorable Court, the above-named accused,
conspiring, confederating and mutually helping each
other, motivated by lewd design, with the use of a bladed
weapon, by means of force and intimidation did then and
there wilfully, unlawfully and feloniously had sexual
intercourse with Shana R. Ape, without her consent and
against her will.

CONTRARY TO LAW.

City of Baguio, this 11th day of September 2019.

NO BAIL.
 JANA JEN-REYES
Assistant Prosecutor
IBP Lifetime No. 02222
MCLE No. VI-0002022 valid until
04/14/2022

APPROVED:

JIN PEREZ
City Prosecutor
IBP Lifetime No. 01111, 05-05-10
MCLE VI-0001011 until April 14 2022

WITNESSES:

1. Shana R. Ape - No. 69 Daisy St., Purok 4, Sunnyside,

Fairview, Baguio City

2. Jane R. Ape - -do-

3. PSI Marie Ann So - Baguio City POlice Office, Station 2,

Camdas, Baguio City

4. Dr. Reinaur S. Aluning - National Bureau of Investigation,

Cordillera Administrative Region, Upper Session Road,
Baguio City

5. Others.

CERTIFICATION

I hereby certify that a preliminary investigation in this case

has been conducted by me in accordance with law; that as
shown by the record, an authorized officer has examined the
complainant and on the basis of the sworn statement and
other evidence submitted before me, there is reasonable
ground to believe that the offense charged had been
committed and that the accused is probably guilty thereof; and
that accused was informed of the complaint and evidence
submitted against him and was given an opportunity to submit
controverting evidence.

City of Baguio, this 11th day of September 2019.

 JANA JEN-REYES
Assistant Prosecutor

SUBSCRIBED AND SWORN to before me this 11th day of

September 2019 in the City of Baguio, Philippines.

JIN PEREZ
City Prosecutor

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICES
CITY PROSECUTION OFFICE
Hall of Justice
Baguio City

PEOPLE OF THE PHILIPPINES, NPS DOCKET No. II-70-

Plaintiff, INV-78A-00019

For:
- versus -
RAPE

MAMBO OSOKA y BELLO and

MANNY AKOL y ROSI,
Respondent.
x--------------------------------------------x

INFORMATION

The undersigned Prosecutor accuses MAMBO OSOKA y

BELLO and MANNY AKOL y ROSI, both residents of No. 298,

Mercury St., Upper Chrome, Quezon Hill, Baguio City with the

crime of RAPE, defined and penalized under Article 266-A (2)

(a) committed as follows:

“That on or about 11: 00 PM of August 12, 2019, at

Quezon Hill, Baguio City and within the jurisdiction of
this Honorable Court, the above-named accused,
conspiring, confederating and mutually helping each
other, motivated by lewd design, with the use of a bladed
weapon, by means of force and intimidation did then and
there wilfully, unlawfully and feloniously committed an
act of sexual assault upon the person of Shana R. Ape by
inserting their penis inside her mouth , without her
consent and against her will.

CONTRARY TO LAW.

City of Baguio, this 11th day of September 2019.

NO BAIL.

JANA JEN-REYES
Assistant Prosecutor
IBP Lifetime No. 02222
MCLE No. VI-0002022 valid until
04/14/2022

APPROVED:

JIN PEREZ
City Prosecutor
IBP Lifetime No. 01111, 05-05-10
MCLE VI-0001011 until April 14 2022
WITNESSES:

1) Shana R. Ape - No. 69 Daisy St., Purok 4, Sunnyside,

Fairview, Baguio City

2) Jane R. Ape - -do-

3) PSI Marie Ann So - Baguio City POlice Office, Station 2,

Camdas, Baguio City

4) Dr. Reinaur S. Aluning - National Bureau of Investigation,

Cordillera Administrative Region, Upper Session Road,
Baguio City

5) Others.

CERTIFICATION

I hereby certify that a preliminary investigation in this case

has been conducted by me in accordance with law; that as
shown by the record, an authorized officer has examined the
complainant and on the basis of the sworn statement and
other evidence submitted before me, there is reasonable
ground to believe that the offense charged had been
committed and that the accused is probably guilty thereof; and
that accused was informed of the complaint and evidence
submitted against him and was given an opportunity to submit
controverting evidence.

City of Baguio, this 11th day of September 2019.

JANA JEN-REYES
Assistant Prosecutor

SUBSCRIBED AND SWORN to before me this 11th day of

September 2019 in the City of Baguio, Philippines.

JIN PEREZ
City Prosecutor