G.R. No. L-41052 September 30, 1982
The People of the Philippines, plaintiff-appellee, vs. Henry Gasendo, accused-appellant.

FACTS

The accused-appellant, Henry Gasendo, was convicted of rape by the Court of First Instance of Negros Occidental and sentenced to reclusion perpetua. The prosecution evidence established that on May 9, 1974, the 16-year-old complainant, Cynthia Aponte, was picnicking with friends at the Bago River. Gasendo, also present, used a bamboo raft to tow Cynthia to a deep, isolated area on the opposite bank despite her pleas. There, he forcibly kissed her, choked her, boxed her stomach rendering her unconscious, and had carnal knowledge of her. Upon regaining consciousness, Cynthia discovered her torn underwear and felt pain and bleeding in her vagina.
Cynthia initially concealed the incident due to Gasendo’s threats. However, her physical injuries—abrasions on her arms, thighs, and legs observed by a neighbor and her uncle—and her distressed condition prompted a revelation. A medical examination confirmed fresh abrasions in her vaginal valve and multiple external injuries. Gasendo admitted sexual intercourse but claimed it was consensual, alleging Cynthia initiated the encounter and actively participated.

ISSUE

The core issue is whether the sexual intercourse was consensual or was effected through force and intimidation, constituting rape.

RULING

The Supreme Court affirmed the conviction, finding the element of force and intimidation proven beyond reasonable doubt. The Court rejected the defense of consent as inherently incredible and contrary to the evidence. The medical findings of vaginal abrasions and multiple external injuries on the complainant’s body were physically incompatible with a consensual act and corroborated her narrative of a violent struggle. The Court emphasized that the trial court’s assessment of witness credibility, including the complainant’s consistent and credible testimony, is accorded great weight.
The logic of the ruling hinges on the disproportionality between the defense narrative and the objective evidence. Gasendo’s claim that the complainant, a minor he had just met, aggressively seduced him in a remote area is implausible and unsupported. Conversely, the physical trauma documented by the physician objectively demonstrated the use of force. The Court also noted the natural reaction of fear and initial silence by the victim, given the accused’s threats, which did not undermine her credibility. Since carnal knowledge was admitted and the prosecution successfully proved it was accomplished by force, the crime of rape was conclusively established.