GR L 6483; (March, 1911) (Digest)
G.R. No. L-6483, March 11, 1911
THE UNITED STATES vs. FILEMON MENDEZ
FACTS
Filemon Mendez was charged with “tentative de violacion” (attempted rape) but was convicted by the trial court of the lesser crime of “abusos deshonestos” (abuse of chastity). The prosecution relied on the testimony of the complainant, Bonifacio Lomio, and her sister, Marcelina. They testified that Mendez entered their house at night through a window, assaulted Bonifacio while she slept, attempted to force himself on her, and struggled with her until Marcelina intervened. Marcelina then fetched a policeman, who found Mendez still in the house. Mendez admitted entering the house but claimed he did so at Marcelina’s invitation, as they had been in an amorous relationship for months. He asserted that Bonifacio awoke, caused a disturbance, and falsely accused him of attempted rape after discovering his presence. The prosecution did not present the arresting policeman as a witness.
ISSUE
Whether the prosecution proved beyond reasonable doubt that Filemon Mendez committed either attempted rape or abuse of chastity.
RULING
No. The Supreme Court reversed the conviction and acquitted Mendez. The Court found the sisters’ story implausible and inconsistent with human behavior, noting that Mendez would have been aware of the high risk of detection and intervention from the other sister and neighbors. The Court deemed Mendez’s versionthat he was invited by Marcelinamore credible, suggesting the sisters fabricated the assault to conceal Marcelina’s illicit relationship. The prosecution’s failure to present the arresting policeman as a witness, without explanation, further weakened its case. Given the reasonable doubt, Mendez was acquitted, with costs de oficio.
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