Scribd
Upload
49 views

People vs. Paragsa G.R. No. L-44060. July 20, 1978: Admission by Silence

Uploaded by

Wednesday Abelgas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
49 views

People vs. Paragsa G.R. No. L-44060. July 20, 1978: Admission by Silence

Uploaded by

Wednesday Abelgas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

PEOPLE vs.

PARAGSA

G.R. No. L-44060. July 20, 1978

Admission by silence

Mirasol was 12 ½ yrs old where she was alone at her house when Respondent entered and
pushed Marisol towards the bamboo bed and raped her.

FACTS:

Mirasol was 12 ½ yrs old she was alone at home as she was asked by her mother to not
attend her afternoon classes in school so that she could look after the pigs and cook their
feed. While she was at the ground floor of their house cooking the hog feed, accused armed
with hunting knife entered the house and closed the door and pushed Marisol onto the
bamboo bed and proceeded to insert his private area into her. After he was done, Mrs. Lita
arrived and shouted for Marisol to open the gates.

It was only a few days later where Marisol was brought to the hospital to be checked and it
was reported to the police. RTC found respondent guilty of rape.

ISSUES: Whether or not silence of Marisol be taken as an implied admission?

RULING: NO

The Court found the prosecution's evidence weak, unsatisfactory and inconclusive to justify a conviction,
taking into account certain circumstances which negate the commission of the crime charged as:
absence of proof to show force and intimidation employed on the complaining witness; her non-
disclosure of the offense to her parents at the earliest possible time; her silence or non rebuttal of the
defendant's testimony that they were actually sweethearts and had two previous sexual
communications prior to the incident complained of; the medical report on the absence of lacerations
on the walls of the vagina; and the doubtful veracity of the testimony of the complaining witness and
that of her aunt on the matter of the defendant having a hunting knife with him on the day of the
incident and the statement that the complainant was in a "state of shock" after the experience.

The rule allowing silence of a person to be taken as an implied admission of the truth of the statements
uttered in his presence is applicable in criminal cases, it must appear: (1) that he heard and understood
the statement; (2) that he was at liberty to interpose a denial; (3) that the statement was in respect to
some matter affecting his rights or in which he was then interested, and calling, naturally, for an answer;
(4) that the facts were within his knowledge; and (5) that the fact admitted or the inference to be drawn
from his silence would be material to the issue

Hence, the silence of Mirasol on the facts asserted by the accused and his witnesses may be safely
construed as an admission of the truth of such assertion.

You might also like