Facts:

The case involves the accused, Roberto Alib, who was charged with rape against the victim, Elsa Gustilo. Elsa was a 15-year-old girl working as a household helper for her aunt, Azucena Mirador. On the night of April 11, 1986, while Elsa was watching television with Azucena's children, Roberto Alib approached her and told her he would go upstairs to light a cigarette. Elsa followed him upstairs to bring clothes inside the children's room, but she was startled when she saw Roberto holding a knife. He covered her eyes and mouth, pointed the knife at her throat, and forced her to lie down. Roberto then raped her. Elsa did not resist due to fear for her life. After the incident, Elsa did not immediately report it to anyone.

Issue:

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Ruling:

The court found Roberto Alib guilty beyond reasonable doubt of the crime of rape and sentenced him to suffer the penalty of reclusion perpetua. He was also order...(Unlock)

Ratio:

1. Pregnancy of the victim is not required for conviction of rape. The court clarified that under Article 335 of the Revised Penal Code, rape can be committed under various circumstances, and the pregnancy of the victim is not necessary for conviction. It is enough for the prosecution to establish beyond reasonable doubt that the accused had carnal knowledge of the victim under any of the enumerated circumstances. In this case, it was established through medical testimony that Elsa Gustilo had lost her virginity and had become pregnant, although she suffered a miscarriage.

2. The victim has the preferred right to initiate a complaint, even if she is a minor. Despite being a minor at the time of the incident, Elsa Gustilo had the preferred right to initiate the complaint. She alone signed the criminal complaint for rape and filed it with the court. It was not necessary for her father, grandparents, or guardians to file it on her behalf. The court dismissed the argument that Azucena Mirador, Elsa's aunt, was motivated by vengeance against the accused, as there was no evidence to support this claim.

3. The element of force and intimidation was present in the case. Although Elsa did not resist during the rape, the court held that the submission of her womanhood does not exempt the accused from liability. The accused had poked a knife at Elsa's neck, which was enough to render her incapable of offering resistance due to fear for her life and personal safety.

4. Credibility of witnesses stands in the absence of ill-motive to falsely testify against the accused. The court found no evidence to suggest that Elsa Gustilo was manipulated or had any ill-motive to falsely accuse the accused. Her testimony was considered cre...continue reading