GR 41966; (April, 1935) (Digest)
G.R. No. 41966 ; April 4, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. LICERIO (alias FELIX TOANQUIN), defendant-appellant.
FACTS
The appellant, Licerio (alias Felix Toanquin), was convicted of rape by the Court of First Instance of Abra. The prosecution established that on November 27, 1933, in Tayum, Abra, the appellant entered the house of the complainant, Felisa Reyes, while she was alone. He used force and violence to have sexual intercourse with her, leaving her weak, dizzy, and hemorrhaging. Physical evidence, including finger grip marks on her body and torn, blood-stained garments, supported her testimony. The appellant admitted the sexual act but claimed it was consensual, alleging a prior love affair and that the complainant had invited and aroused him.
ISSUE
Whether the sexual intercourse was accomplished through force and violence, constituting the crime of rape.
RULING
Yes. The Supreme Court affirmed the conviction, finding the prosecution’s evidence credible and sufficient to prove force and violence. The Court rejected the defense of consensual intercourse as highly improbable, noting the complainant’s lack of prior sexual relations, the appellant’s married status, the physical evidence of struggle, and the complainant’s inability to scream due to being overpowered by the appellant, who was the municipal chief of police and physically larger. The judgment was modified to make the P500 indemnity to the offended party absolute and to include support for any potential offspring.
AI Generated by Armztrong.