Case Summary (G.R. No. L-45084)
Testimony of the Complainant
Eligrace testified that on the afternoon of June 11, 1973, after being asked to buy cigarettes with borrowed money from Lopez, she was called inside a room where Lopez proceeded to engage in a sexual act. The complainant described feelings of nervousness and claimed Lopez held her down and covered her face with a blanket. She stated that she was unable to resist due to his hold, and after the incident, she ran away to inform her mother.
Medical Examination
Following the incident, Eligrace was examined by Dr. Fe Manaois in Dagupan City. The medical report noted several findings, indicating that while there were no visible signs of injury, the examination revealed the presence of spermatozoa, suggesting that sexual intercourse had occurred, despite the absence of physical injury.
Defense of the Accused
Lopez denied the allegations, asserting that he did not have sexual relations with the complainant on that day or at any other time. He provided an alibi, stating that he was with his mother-in-law during the time of the alleged rape, and was unaware of Eligrace’s whereabouts after she left his house.
Analysis of Force and Intimidation
The crux of the legal determination rested on establishing whether there was evidence of force or intimidation during the act. The court noted that the complainant demonstrated compliance with Lopez's requests, characterizing her acquiescence rather than a struggle against coercion. Additionally, the testimony showed that while the complainant expressed fear, there were significant ambiguities surrounding the use of a threat and the lack of physical resistance.
Presumption of Innocence
The constitutional presumption of innocence is critical in this case. The evidence presented did not convincingly demonstrate that force or intimidation was employed to carry out the alleged act. As established in legal precedent, there must be a burden of proof on the prosecution
...continue readingCase Syllabus (G.R. No. L-45084)
Case Overview
- The case involves an appeal from a conviction for rape against accused-appellant Expedito Lopez.
- The complainant was a thirteen-year-old girl at the time of the alleged incident, who was living with her aunt, the live-in partner of the appellant.
- The conviction was initially based on the complainant's testimony; however, the Supreme Court found the evidence insufficient.
Facts of the Case
- On June 11, 1973, at approximately 1 PM, the complainant was at her aunt's house, where the appellant also resided.
- The appellant borrowed P0.60 from her and asked her to buy cigarettes, which she did.
- After giving him the cigarettes, the appellant invited her into a room, closed the door, and allegedly held her hand, laid her on the floor, and covered her face with a blanket.
- The complainant testified that he then removed her panties and his own trousers, enabling him to commit sexual intercourse.
- Although she felt nervous, she expressed suspicion about his motives but did not resist his actions, ultimately running away afterwards to tell her mother what happened.
Medical Examination
- Following the incident, the complainant was examined by Dr. Fe Manaois, who noted:
- The complainant was conscious, coherent, and cooperative with no external signs of physical injury.
- The medical examination revealed an old healed laceration of the hymen, and a vaginal smear tested positive for spermatozoa.
Testimony Analysis
- The complainant's