Rape culture, misogyny, and incompetence of some police officers

We opened 2021 with the news of a flight attendant that was discovered dead at a bath tub in a Makati hotel. The public particularly in social media devoured the news as if they were following a TV series so the media went into a frenzy and took advantage of the public’s interest, published click-bait titles without due regard to the parties involved.

 

Rape culture

 

Many took interest in the case because the deceased was one we might call “pretty” if viewed through the lens of the stereotypical Filipino culture where white skin, long straight black hair, tall height and slim body are considered qualities of a beautiful woman, no thanks to the rampant advertisements that blackmailed the public into this kind of thinking.

 

The possibility of a rape-slay was put forward by the police handling the case, which quickly divided the public into those who think rape is the fault of the woman, and those who think rape is the fault of the rapist.

 

“She shouldn’t have been drinking alone with men.”

“She shouldn’t have worn sexy clothes.”

 

It’s so sad that until now many still think this way. If a man drinks alone with a woman, is such situation dangerous for the man? No, right? Then why it is considered dangerous for a woman?

 

True, men are physically/biologically stronger than women but a single man can still be taken advantaged of by 11 women. So, no, being a woman, or a man, or a gay is not a reason why rape exist. There is rape because there is a rapist.

 

But also, just because rape is not the victim’s fault doesn’t mean we have to be complacent. I believe rape is the fault of the rapists but I will also not encourage any woman to go about walking alone in the night or put herself into a situation that may lead to rape just because I believe rape is purely the rapist’s doing. We live in a society where dark beings exist. People who have childhood issues and grew up with evil thoughts still exist. So, while we shouldn’t dishonor the deceased by blaming her if she was indeed raped, we should also be careful on the kind of messages we are sending to young women. We should be careful not to give them the wrong notion that just because we cannot be faulted if rape happens doesn’t mean we cannot be raped. As such, we still need to guide and protect each other, look after one another.

 

Misogyny

 

Most, if not all of the respondents in the case are gay. People on social media are abuzz with judgments, some saying being gay is not a good defense for rape, that a gay man can just turn into a man all of a sudden and develop an interest to a woman. Some said a gay man will never ever consider having sex with a woman.

This case showed how much we lack understanding of the LGBTQI community. I advocate for gay rights but I also admit that I am not that knowledgeable about their situations more so their sexuality. I mean, I cannot sit in front of a gay friend who is struggling with discrimination or acceptance from his/her family and tell him/her “I know what you feel” because no, I don’t know what they are going through, at least the depths of it. I only know that they are unfairly judged and misunderstood.

 

Whilst it can be a possibility that a bisexual person (someone who can get attracted to a man or a woman) was there at the private party and took advantage of the vulnerability of the deceased, it’s not fair to make conclusive judgement that all the gays present there can all of a sudden change their sexual preference and commit rape.

 

Having said that, and considering that some evil men can pretend to be gay just to get close to and take advantage of women, it’s still better if we remain cautious all the time when dealing with people with an opposite sex. And by saying this, it goes both ways too. Men must be cautious in dealing with a lesbian, and women must be cautious in dealing with a gay, especially if they don’t know each other that well.

 

Incompetence of some police officers

 

Some people said that the PNP only used this case to their advantage so that they can appear as heroes after their institution was marred with issues last year. I disagree. I think it’s only right for the PNP to assume a foul play especially that they saw bruises on the victim. A further investigation is the right thing to do. What was not right was for the PNP reveal so much unconfirmed matters which led to the “social media prosecution” of the alleged suspects.

 

If those “suspects” turn out to be innocent, they were unnecessarily put into a humiliating, mind-numbing situation by no less than the PNP. The media is equally responsible because they took advantage of the narrative assumed by the PNP, even wrote headlines that appeared as if there was indeed a rape-slay, all for the money and without due consideration to its effects on the “suspects”. There are media outlets that I support because I thought they are progressive so I was extremely disappointed that they took part in the sensationalization of the case by using unverified information and presumptions.

 

Given past events where cases brought to the fore of the public were subjected to public judgments or “trial by social media”, the PNP should be more careful in handling cases, particularly in spreading unfounded accusations, so that cases won’t blow right out to their faces. The PNP in this case put its institution to unnecessary shame because it revealed loopholes into its investigation.

 

Lastly, a lot of people blame the deceased’s mother for causing so much noise which magnified the case and turn it into a “national issue” because everyone seemed to be talking about it, everything there is to write about the deceased is picked up by the media.

 

In my opinion, if I as a mom believed with all my heart that my daughter was raped, then I would do anything to bring her justice. Using the media is a good strategy because it will pressure the parties concerned to not sleep on the case because people are watching. So, I can’t blame the mother for using the media and the public’s interest to her advantage.

 

But also, I think it’s worth considering the available information in deciding whether to fight the case up to this magnitude or fight my battles privately in court without the media lens. Given that the first autopsy revealed that the vaginal laceration was “old”, or that available CCTV showed the deceased kissing a man, if I was the immediate family, I would do my best not to subject the deceased into the public’s unfair judgment particularly on issues surrounding her sexuality. But that’s just me.

Scope of Police Power of the State

It has been said the police power is so far - reaching in scope, that it has become almost impossible to limit its sweep. As it derives its existence from the very existence of the State itself, it does not need to be expressed or defined in its scope; it is said to be co-extensive with self-protection and survival, and as such it is the most positive and active of all governmental processes, the most essential, insistent and illimitable. Especially is it so under a modern democratic framework where the demands of society and of nations have multiplied to almost unimaginable proportions; the field and scope of police power has become almost boundless, just as the fields of public interest and public welfare have become almost all-embracing and have transcended human foresight. Otherwise stated, as we cannot foresee the needs and demands of public interest and welfare in this constantly changing and progressive world, so we cannot delimit beforehand the extent or scope of police power by which and through which the State seeks to attain or achieve interest or welfare. So it is that Constitutions do not define the scope or extent of the police power of the State; what they do is to set forth the limitations thereof. The most important of these are the due process clause and the equal protection clause.

Inchong v. Hernandez, 101 Phil 115

Alias Warrant of Arrest

An alias warrant is issued by a court when the original warrant is returned in 10 days without being served. Insofar as the validity of the warrant of arrest is concerned, the same is valid until served or recalled.

People of the Philippines vs. Cesar Givera

G.R. No. 132159, January 18, 2001

Difference of Rule 45 and Rule 65

"A petition for review on certiorari under Rule 45 is an ordinary appeal. It is a continuation of the case from the CA, Sandiganbayan, RTC, or other courts. This petition must only raise questions of law which must be distinctly set forth and discussed.

A petition for certiorari under Rule 65 is an original action. It seeks to correct errors of jurisdiction. An error of jurisdiction is one in which the act complained of was issued by the court, officer, or quasi-judicial body without or in excess of jurisdiction, or with grave abuse of discretion which is tantamount to lack of or in excess of jurisdiction. The purpose of this remedy is to annul void proceedings; prevent unlawful and oppressive exercise of legal authority; and provide for a fair and orderly administration of justice."

ARBA vs. Nicolas
G.R. No. 168394, October 6, 2008

Case Digest: Vda. de Albar vs. Fabie 106 Phil 855

Facts:

Deceased Dona Rosario Fabie y Grey bequeathed the naked ownership of a parcel of land, the building and other improvements to petitioners and the usufruct to respondent for life. Since the improvements were destroyed during the battle for liberation of Manila City, the Philippine War Damage Commission paid petitioners a sum of money. The real estate taxes due on the land was however paid by respondent from 1945-1954. In 1952, petitioners commenced a civil case to limits respondent's usufruct to the legal interest on the value of the land. Decisions of the lower courts as affirmed by the Supreme Court grants the respondent 6% of the amount received from the Philippine War Damage Commission. Acting from such decision, respondent filed a motion praying for 6% payment for war damage with legal interest per annum. The petitioners opposed claiming that due to respondent's failure to pay the real estate taxes, the property was declared delinquent and sold at public auction which was consequently repurchased by petitioners and that respondent’s usufruct over the property is extinguished.

Issue:

Whether or not the order July 2 and August 25, 1960 issued by the Court of First Instance of Manila modify the Supreme Court decision in G.R. No. L-13361, as modified by SC resolution of February 10, 1960.

Ruling:

The answer must be in the negative. The general rule is that a decision, once executory, is beyond amendment. However, a stay of execution of a final judgment may be authorized if necessary to accomplish the aims of justice, as for instance, where there has been a change in the situation of the parties which makes such execution inequitable.  Thus, the writ prayed for by respondent is denied.

Case Digest: Baluran vs. Navarro 79 SCRA 809

Facts:

Spouses Domingo Paraiso and Fidela Q. Paraiso entered into an agreement entitled "Barter" to "barter and exchange" their residential lot with the unirrigated riceland of spouses Avelino and Benilda Baluran with the following conditions: 1) both parties shall enjoy material possession, 2) the spouses Baluran shall return the lot with damages to be incurred should any children of Natividad P. Obencio, daughter of spouses Paraiso, choose to reside in the municipality and build his own house therein, 3) neither party shall encumber, alienate or dispose the property without consent of the owner. In 1975 Antonio Obendencio filed a complaint to recover the residential lot from spouses Baluran claiming to be the rightful owner after Natividad Paraiso Obedencio donated the land in his favor.

Issues:

1) Whether or not the “Barter Agreement” transferred ownership of the residential lot to petitioner Baluran, and 2) whether or not the right to re-barter or re-exchange of respondent Antonio Obedencio had been barred by the statute of limitation

Ruling:

The title of the agreement is not controlling since the stipulations of the contract indicate that the intentions of the parties is not to transfer ownership of respective properties but only the material possession. What was constituted was a usufruct and not barter, which was extinguished by the happening of the resolutory condition, which is when any of the children of Natividad Obedencio shall choose to build his house on the residential lot, it must be consequently returned. Thus, the parties are entitled to a return of their respective property.

Case Digest: Heirs of Victorino Sarili v. Pedro Lagrosa G.R. No. 193517 January 15, 2014

Facts:

Respondent Pedro Lagrosa is the owner of a parcel of land situated in Caloocan City. He resided in California, USA and during a vacation in the Philippines found that a new certificate of title was issued by the RD in the name of Victorino Sarili by virtue of an alleged falsified document by Sps. Sarili and the RD. Sps. Sarili maintained that they are innocent buyers for value having purchased the property from Ramon B. Rodriguez who possessed and presented a Special Power of Attorney to sell/dispose the property.

Issue:

Whether or not there was a valid conveyance of the subject property to Sps. Sarili.

Ruling:

Since the notarization of the Special Power of Attorney was defective, the sale between Victorino and Ramon is void. Accordingly, the land title in the name of Victorino married to Isabel should be annulled and the name of respondent be reinstated. As to the house built by Sps. Sarili on the land, since he was aware of the palpable irregularity in the Special Power of Attorney and that the person he was dealing with was possibly not authorized, he is considered a builder in bad faith.