Casedigest By Clee Carin.docx

People vs. Ritter

G.R. No. 88582 March 5, 1991

FACTS:

On or about October 10, 1986, Heinrich S. Ritter brought the street children, Jessie Ramirez and Rosario Baluyot in a hotel room in Olongapo and thereafter masturbated the former and fingered the latter. Afterwards, he inserted a foreign object to the vagina of Rosario. The next morning, Ritter gave Jessie P 200 and Rosario P 300. Rosario told Jessie that Ritter inserted an object inside her vagina. Sometime the following day, Rosario said that the object has already been removed from her vagina. On May 14, 1987, Gaspar Alcantara, a defense witness, while garbage scavenging, saw Rosario being ogled with people because her skirt was bloodied and she was unconscious and foul smelling. Rosario was then brought and confined to Olongapo City general Hospital. An OB-Gyne tried to remove the object inside her vagina using forceps but failed because it was deeply embedded and covered by tissues. She was having peritonitis. She told the attending physician that a Negro inserted the object to her vagina 3 months ago. Ritter was made liable for rape with homicide. RTC found him guilty of rape with homicide.

ISSUE:

Whether or not Ritter was liable for rape and homicide?

HELD:

No. The prosecution failed to prove that Rosario was only 12 years old when the incident with Ritter happened. And that Rosario prostituted herself even at the tender age. As evidence, she received P300 from Ritter the following morning. A doctor or specialist also testified that the inserted object in the vagina of Rosario Baluyot by Ritter was different from that which caused her death. Rosario herself said to Jessie the following day that the object has been removed already. She also told the doctor that a Negro inserted it to her vagina 3 months ago. Ritter was a Caucasian. However, it does not exempt him for the moral and exemplary damages he must award to the victim’s heirs. It does not necessarily follow that the appellant is also free from civil liability which is impliedly instituted with the criminal action. Ritter was deported.