Facts:
PEOPLE OF THE PHILIPPINES charged
FARHARD HATANI Y ABOLHASSAN, accused-appellant, with two separate offenses arising from events of July 6, 1979 in Quezon City: Criminal Case No. Q-11867 for illegal practice of medicine in violation of
R.A. No. 2382 and Criminal Case No. Q-11868 for
rape under Article 335 of the
Revised Penal Code. The prosecution's factual narrative was that appellant, introduced as a medical doctor to the Borja family, examined sixteen-year-old Precila Borja, administered tablets and injections that rendered her drowsy and unconscious, brought her to his house that evening, injected her repeatedly, and on two occasions in her semi-conscious state had sexual relations with her as shown by the medico-legal finding of “
hymen with deep, healing lacerations at 4, 6 and 9 o’clock position” and needle puncture marks; the mother and sisters gave statements and one sister observed empty capsules and vials and prevented a further injection to another sister. A search of appellant’s residence on July 15, 1979 produced assorted sedatives, prescription pads in the name of Dr. Jesus Yap that a handwriting report attributed to appellant, syringes and medical instruments, and chemistry reports confirmed the drugs’ identity; the Professional Regulation Commission certified that appellant was not a registered physician. Appellant denied the charges, claimed the drugs were planted and that the searches occurred without a warrant, and offered an alternate account that the events were consensual or non-existent. The Regional Trial Court, Branch 105, Quezon City, convicted appellant in both cases, sentencing him for illegal practice to a fine of ten thousand pesos with subsidiary imprisonment in case of insolvency and five years’ imprisonment with recommendation for deportation, and sentencing him for rape to life imprisonment or reclusion perpetua with indemnity of fifty thousand pesos, after which appellant appealed to the Supreme Court.
Issues:
Was the evidence sufficient to convict
FARHARD HATANI Y ABOLHASSAN of illegal practice of medicine under
R.A. No. 2382? Was the evidence sufficient to convict
FARHARD HATANI Y ABOLHASSAN of rape under Article 335 of the
Revised Penal Code, committed after rendering the victim unconscious by drugs? Were the items seized in the July 15, 1979 raid admissible despite the absence on record of a copy of the search warrant and did the trial court err in its statement regarding the effect of circumstantial evidence on the burden of proof?
Ruling:
Ratio:
Doctrine: