Case Digest (G.R. No. L-41704)
Facts:
People of the Philippines v. Ruperto Tapao, G.R. No. L-41704, October 23, 1981, Supreme Court Second Division, Concepcion Jr., J., writing for the Court.
The prosecution charged Ruperto Tapao (defendant-appellant) before the Court of First Instance of Bohol with raping Aurea Hangad, a 13-year-old unmarried barrio lass, on April 23, 1974 in Balilihan, Bohol. On August 7, 1975 the trial court found Tapao guilty and sentenced him to reclusion perpetua, ordered him to indemnify Aurea P5,000 for moral and exemplary damages, and imposed costs.
At trial the prosecution's case rested mainly on Aurea’s testimony. She recounted that Tapao, known to her family, went to her house at about 10:00 a.m., sat beside her, restrained her hands, placed her on his lap, carried her to the kitchen, made her lie down near the stove, removed her pantie, placed himself on top of her and inserted his penis into her vagina; she experienced pain, could not shout because a handkerchief was put into her mouth, and was later threatened with death if she told anyone. Aurea said she did not immediately inform her grandfather or father because of that threat. On May 1 she told her playmate, 13‑year‑old Erlinda Antig, of the alleged rape; Aurea’s father learned of it on May 5 and filed a formal charge on May 6. A physical exam at Bohol Provincial Hospital reportedly showed that Aurea’s vaginal canal “easily admits one finger” and healed lacerations at the external orifice at 6 and 1 o’clock (Exhibit C). Aurea also gave a sworn statement (Exhibit A) and filed a verified complaint (Exhibit B).
On appeal to the Supreme Court, Tapao contended, inter alia, that the sexual act was consensual because Aurea did not offer significant resistance and delayed reporting. The Supreme Court Second Division reviewed the record and the trial court’s findings and reversed the conviction, acquitting Tapao. Mr. Justice R...(Subscriber-Only)
Issues:
- Whether a conviction for rape may be sustained on the sole uncorroborated testimony of the complainant in this case.
- Whether, on the facts (victim’s conduct, delay in complaint, and medical findings), the prosecution proved rape beyond r...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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