G.R. No. 33788 ; February 12, 1931
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ARCADIO LOMIBAO, defendant-appellant.

FACTS

The appellant, Arcadio Lomibao, was convicted of rape by the Court of First Instance of Pangasinan. The information alleged that on January 5, 1930, in Mapandan, Pangasinan, he entered the house of 15-year-old Juana Molina, who was alone, and by force and against her will, had sexual intercourse with her. The prosecution presented testimony from Juana that the appellant used force and threats, and that her brother, Saturnino Molina, surprised them during the act, leading to a pursuit. Medical examination showed scratches and bruises on Juana but no significant genital injuries. The defense presented a different version, claiming the appellant was merely fetching a towel and that Saturnino had a motive to fabricate the charge due to a land dispute. A defense witness was contradicted by a rebuttal witness placing him elsewhere at the time.

ISSUE

Whether the evidence presented by the prosecution is sufficient to prove beyond reasonable doubt that the appellant committed rape.

RULING

Yes. The Supreme Court affirmed the conviction. The trial court’s assessment of witness credibility is entitled to great weight, and it found the testimony of the prosecution witnesses, especially Juana Molina, to be clear and credible. The absence of the complainant’s dress as evidence is not fatal, as the defense did not demand its presentation during trial. Medical findings of no genital injury or inflammation five days after the incident do not negate rape, as virginity or physical injury is not an essential element of the crime. The evidence of force—including Juana’s outcries, prolonged struggle, and the physical marks on her body—establishes that carnal knowledge was achieved against her will. The crime is penalized under Article 438, paragraph 1 of the Penal Code, and the sentence of reclusion temporal was proper.

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