Case Digest (G.R. No. 152584)
Facts:
The case involves appellant Gaudencio Alberio who was found guilty of rape by the Regional Trial Court of Dumaguete City. The information against appellant alleged that he had sexual intercourse with the 14-year-old victim, Ana Liza Calunsag, against her will, resulting in her pregnancy. The victim testified that she went to the house of a former classmate to retrieve a schoolbook when she was met by the appellant, who was the father of her classmate. The appellant threatened her with a knife, forced her to lie down, and raped her. The victim did not immediately disclose the incident due to fear of the appellant.
Issue:
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Ruling:
The court affirmed the decision of the trial court, finding the appellant guilty of rape. The court held that the prosecution had prov...(Unlock)
Ratio:
The court ruled that the victim's failure to shout for help and the absence of physical evidence of a struggle did not diminish her cr...continue reading
Case Digest (G.R. No. 152584)
Facts:
In the case of People v. Alberio, the appellant, Gaudencio Alberio, was convicted of raping a 14-year-old high school student named Ana Liza Calunsag in November 1997 in Dumaguete City, Negros Oriental. The victim testified that the appellant used force and intimidation to have sexual intercourse with her, resulting in her pregnancy. Despite the defense's argument that the victim's failure to shout for help and the absence of physical evidence of a struggle diminished her credibility, the court emphasized that physical resistance is not necessary to prove rape when intimidation is exercised upon the victim. The victim's pregnancy and childbirth were corroborative of her testimony, and there was no evidence of any improper motive on her part to falsely implicate the appellant.