GR L 52061; (September, 1982) (Digest)
G.R. No. L-52061 September 30, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SALUSTIANO LOOD alias SALES, defendant-appellant.
FACTS
In the evening of January 16, 1978, complainant Pacita Bolotaolo was walking home alone in Bingag, Dauis, Bohol, when appellant Salustiano Lood suddenly emerged, grabbed her, threw her to the ground, and threatened her with a stone. He then forcibly removed her panties, forced his penis into her vagina, and made push-and-pull movements for about five minutes before leaving. The victim immediately reported the rape to her mother, who brought her to the Barangay Captain. The following morning, she was medically examined and reported the crime to the police.
The appellant admitted being with the complainant that night but presented a contrary version. He claimed they were sweethearts and that he merely accompanied her home. He testified that he hugged and kissed her, but when she resisted by pinching him, he became angry, pushed her aside, and went home. He assailed the victim’s testimony as incredible, pointing to the medical certificate which showed no fresh hymenal laceration, no bleeding, and a negative finding for spermatozoa.
ISSUE
Whether the prosecution proved beyond reasonable doubt that appellant committed the crime of rape.
RULING
Yes, the Supreme Court affirmed the conviction. The Court found the complainant’s testimony to be clear, credible, and consistent. Her prompt reporting of the incident to her mother, the barangay authorities, the police, and her immediate medical examination strongly indicated the truth of her accusation and revealed no motive to fabricate such a serious charge. The Court dismissed the defense of a romantic relationship due to the appellant’s failure to substantiate it with evidence, such as the alleged love letter.
The Court also explained that the medical findings did not negate the commission of rape. The absence of fresh hymenal lacerations or spermatozoa is not conclusive, as the medical examination occurred the next day, allowing for the possible washing away of evidence, and rape is consummated by mere penile entry without requiring ejaculation or hymenal rupture. The medical certificate, which noted linear abrasions on the victim’s face and neck, corroborated her testimony of physical struggle and resistance. The appellant’s guilt was thus established beyond reasonable doubt. The appealed decision was affirmed with the modification of an indemnity award to the victim.