Title
People vs. Malabago y Maquinto
Case
G.R. No. 108613
Decision Date
Apr 18, 1997
A 17-year-old girl was raped by a man who used intimidation and a knife. Despite claims of a consensual relationship, the court upheld her credible testimony, supported by medical evidence, and convicted the accused.

Case Digest (G.R. No. 108613)

Facts:

People of the Philippines v. Anastacio Malabago y Maquinto, G.R. No. 108613, April 18, 1997, Supreme Court Third Division, Panganiban, J., writing for the Court. The plaintiff-appellee is the People of the Philippines; the accused-appellant is Anastacio Malabago y Maquin to (hereafter "appellant"). The trial was before the Regional Trial Court, Branch XIV, Cebu City (presided by Judge Renato C. Dacudao).

On December 28, 1990 a Complaint‑Information charged appellant with rape for acts alleged to have occurred on December 21, 1990 at about 3:00 a.m. in Cebu City. At arraignment on April 5, 1991, appellant pleaded not guilty and trial followed. The complainant, Alice Llanto, then 17, testified that while going to the toilet she was embraced from behind by appellant, threatened that he would break her head if she shouted, strangled, and held a knife to her neck; she said appellant forced her onto a table and inserted his penis into her vagina. That same afternoon she was taken to Cebu City Medical Center where Dr. Joy Tuesday Ramas Engracia found that her genital orifice admitted two fingers with ease and that her vaginal smear was positive for spermatozoa; the doctor noted Alice told her she had been raped at about 3:00 a.m.

At the police station that afternoon a confrontation occurred. Appellant denied rape, claiming the act was consensual and that Alice was his sweetheart; his mother and a neighbor offered testimony to corroborate his alleged relationship with the complainant. In a Decision dated April 13, 1992, the RTC convicted appellant beyond reasonable doubt of rape, sentenced him to reclusion perpetua, imposed accessory penalties, and ordered P30,000 civil indemnity. Appellant appealed to the Supreme Court raising, in substance, (1) insufficiency of evidence to sustain conviction and (2) alleged contradictions and implausibilities in the complai...(Subscriber-Only)

Issues:

  • Was the evidence sufficient to convict appellant of rape beyond reasonable doubt under Article 335 of the Revised Penal Code?
  • Did the trial court err in giving full credence to the complainant’s testimony despite alleged contradictions and i...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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