Module 6 - VIRGINITY & RAPE

By the end of the module, the students should be able

to:
1. Explain the different forms of virginity
2. Discuss how virginity can be proven and relate it
with the gynaecological report
3. Discuss the cases of U.S. v. Pablo Suan, G.R. No. L9201, March 3,1914; U.S. v. Pedro Alvarez, G.R. No.
881, August 30, 1902.
4. Discuss the medical evidences of rape and identify
the major stages of the Rape Trauma Syndrome
5. Explain the main features of the Anti-Rape Law of
1997 as well as the Rape Victim Assistance and
Protection Act of 1998
6. Discuss the medical evidences of rape in People v
Vallejo, G.R. No. 144656. May 9, 2002 and People v.
Perez, G.R. No. 182924, Dec. 24, 2008

1. VIRGINITY
1.1. Crimes relating to virginity
1.1.1. Qualified Seduction
Art. 337. Qualified seduction. The seduction of a
virgin over twelve years and under eighteen years of
age, committed by any person in public authority,
priest, home-servant, domestic, guardian, teacher, or
any person who, in any capacity, shall be entrusted
with the education or custody of the woman seduced,
shall be punished by prision correccional in its
minimum and medium periods.
The penalty next higher in degree shall be imposed
upon any person who shall seduce his sister or
descendant, whether or not she be a virgin or over
eighteen years of age.
Under the provisions of this Chapter, seduction is
committed when the offender has carnal knowledge of
any of the persons and under the circumstances
described herein.
Elements:
(1) That the offended party is a virgin, which is
presumed if she is unmarried and of good reputation;
(2) That the she must be over 12 and under 18 yrs. Of
age; (13-17 years 11 months 29 days)
(3) That the offender has sexual intercourse with her;
(4) That the there is abuse of authority, confidence, or
relationship on the part of the offender.
Seduction - enticing a woman to unlawful sexual
intercourse by promise of marriage or other means of
persuasion without use of force. It applies when there
is abuse of authority (qualified seduction) or deceit
(simple seduction).
Two classes of Qualified Seduction:
(1) Seduction of a virgin over 12 years and under 18
years of age by certain persons such as, a person in
authority, priest, teacher or any person who, in any
capacity shall be entrusted with the education or
custody of the woman seduced.
(2) Seduction of a sister by her brother, or descendant
by her ascendant, regardless of her age or reputation.

Virgin - a woman of chaste character and of good

reputation. The offended party need not be physically a
virgin.
If there is no sexual intercourse and only acts of
lewdness are performed, the crime is acts of
lasciviousness. If any of the circumstances in the crime
of rape is present, the crime is not to be punished
under Art. 337.
The accused charged with rape cannot be convicted of
qualified seduction under the same information.
Offenders in Qualified Seduction:
1. Those who abused their authority: (PaG-TE/C)
a. Person in public authority;
b. Guardian;
c. Teacher;
d. Person who, in any capacity, is entrusted with
the education or custody of the woman
seduced.
2. Those who abused confidence reposed in them:
(PHD)
a. Priest;
b. House servant;
c. Domestic
3. Those who abused their relationship:
a. Brother who seduced his sister;
b. Ascendant who seduced his descendant.

Domestic - a person usually living under the

same roof, pertaining to the same house.
Not necessary that the offender be the teacher of
the offended party; it is sufficient that he is a
teacher in the same school.
Qualified seduction may also be committed by a
master to his servant, or a head of the family to
any of its members.
Qualified seduction of a sister or descendant, also
known as INCEST, is punished by a penalty next
higher in degree.
The age, reputation, or virginity of the sister or
descendant is irrelevant. The relationship need not
be legitimate.

1.1.2. Consented abduction

Art. 343. Consented abduction. The abduction of a
virgin over twelve years and under eighteen years of
age, carried out with her consent and with lewd
designs, shall be punished by the penalty of prision
correccional in its minimum and medium periods.
Elements:
(1) Offended party is a virgin ;
(2) She is over 12 and under 18 yrs. of age;
(3) Offender takes her away with her consent , after
solicitation or cajolery from the offender;
(4) The taking away is with lewd designs .

Purpose of the law - Not to punish the wrong done

to the girl because she consents to it, but to
prescribe punishment for the disgrace to her family
and the alarm caused by the disappearance of one
who is, by her age and sex, susceptible to cajolery
and deceit.

If the virgin is under 12 or is deprived of reason,

the crime is forcible abduction because such is
incapable of giving a valid consent. The taking
away of the girl need not be with some character of
permanence. Offended party need not be taken
from her house.
When there was no solicitation or cajolery and no
deceit and the girl voluntarily went with the man,
there is no crime committed even if they had
sexual intercourse.

Comparison:

1.2. Forms of virginity

The Hymen
The hymen is a piece of skin covering the vaginal
opening in females. In about the 3rd or 4th month of
pregnancy, the hymen in female fetuses begins to
form. It remains intact until it is broken by most often
sexual intercourse.
The hymen can also be broken by activity or the
insertion of something (e.g. tampon) into the vaginal
canal. The hymen may stretch on its own or even
rupture, during growth and development and be nonexistent once a female reaches full-maturity. For this
reason, it is almost impossible to use this to see if a
female is a virgin or not.
When the hymen ruptures, there may be bleeding and
pain. If the rupture was not due to first time sexual
intercourse, a small rupture may heal back to its
normal state. The hymen tends to be thinner in
children and thickens at the onset of puberty due to
hormonal changes.
Heavy petting (getting the penis too near the vaginal
opening) without intercourse can cause pregnancy.
Thus, pregnancy can occur even if the hymen is not
ruptured, as the semen can still travel up the vagina.

blood is able to flow out, but a virginal female may not

be able to use tampons.

3. Septate Hymen One hymen is split into two

openings over the vagina. This condition also does not
stop menstrual blood flow, but can block the use of
tampons in virginal females.

The hymen is located in between the two-folds of the

vulva. It does not actually cover the opening of the
vagina, but creates folds that cause the opening to be
very small. As a female grows, the folds of tissue open
up, stretch and may even tear during activity.

Different Types of Hymen

1. Imperforate Hymen The hymen completely
covers the opening to the vagina. This condition
usually goes undiagnosed until a girl enters puberty
and her first period and the blood cannot flow out.

Surgical Repair of the Hymen

Hymen surgery can be done for a few reasons, either to
repair a broken hymen or removing extra hymen tissue
that blocks the vaginal opening. In recent times, there
has been an increased in hymen repair surgeries. Since
there is a trend in pre-marital sex in recent times,
many women have chosen to have it repaired prior to
marriage.
Here are the different types of surgery:
1)
Hymenoplasty This is essentially a cosmetic
surgery performed to repair a broken hymen for
personal reasons. The hymen is surgically reclosed to
cause bleeding upon sexual intercourse. Some people
may choose to do this for personal reasons or out of
necessity due to spiritual beliefs. It can also be
performed after cases of rape.

2. Microperforate Hymen The hymen almost

completely closes off the vaginal opening. Menstrual

2)
Hymenectomy This is the surgical procedure
used to open a hymen that is imperforate,
Microperforate or Septate. Usually an anatomically
correct hymen can be stretched and broken during first
intercourse or tampon use without too much trauma.
The concern is that there is an artery that runs along
the side of the hymen and can cause major bleeding.
Having a Hymenectomy can decrease the risk of
bleeding and allow fluids to leave the vagina easier.

Stretching the Hymen

Some women may choose to attempt stretching it to
make first intercourse more pleasurable. The following
are some activities that help stretch the hymen:

Placing a lubricated finger against the hymen

gently

Vigorous exercise (sports like horseback riding,

motorcycle riding and dancing are infamous for
rupturing the hymen)

Tampon use

Source:
http://www.healthresource4u.com/hymen-definitionlocation-pictures-repair-broken-hymen-surgeryhymen.html

1.3. Proof of virginity

A. Presumptive signs in females
1. Signs in breasts
a) Breasts of a virgin are round in shape,
hemispherical,
firm
in
consistency
with
an
underdeveloped nipple in the center surrounded by
area of pink color known as areola in a fair-skinned
lady, in a dark-skinned lady it may be black to brown.
2. Signs In Vagina
a) Labia majora are thick, round, firm, elastic with
rounded margin in a virgin, they lie in contact with
each other so that vaginal orifice is completely closed
in a virgin
b) labia minora is a thin fold of skin, small, soft,
sensitive and pink Colored in a virgin and covered by
the labia majora.
c) Fourchette commissure is intact in a virgin
d) Clitoris is small and pink colored in a virgin and
covered by labia majora
e) Hymen is a mucosal covering of about 1mm
thickness at the opening of vaginal orifice, this is of
different types like, annular, semilunar, cresentic,
infantile, fimbriated, tear will come up to the vagina in
case of coitus, tear may be one side but is fimbriated in
around the whole margin.
f) Central opening allows the tip of small finger in 10
year olds and in an adult lady admits only one finger
when force is applied

g) Vagina is tight, narrow with rugosity

h) Hymen intact and all signs of virginity are there.
B. Virginity Test
A virginity test is the practice and process of
determining whether a girl or woman is a virgin; i.e.,
whether she has never engaged in sexual intercourse.
The test involves an inspection of the hymen, on the
assumption that it can only be torn as a result of sexual
intercourse.
C. Two-finger test (TFT)
The process of virginity testing varies by region. In
areas where medical doctors are readily available, such
as Turkey before the country banned the practice, the
tests will often be given in a doctor's office However, in
countries where doctors are not available, testers will
often be older women, or whoever can be trusted to
search for a hymen. This is common among African
tribes that perform the test
Another form of virginity tests involves testing for
laxity of vaginal muscles with fingers (the "two-finger
test"). A doctor performs the test by inserting a finger
into the female's vagina to check the level of vaginal
laxity, which is used to determine if she is "habituated
to sexual intercourse" However, the usefulness of these
criteria has been questioned by medical authorities
and opponents of virginity testing because vaginal
laxity and the absence of a hymen can both be caused
by other factors, and the "two-finger test" is based on
subjective observation. In virginity tests, the presence
of a hymen is often used to determine if a woman is a
virgin.
Many researchers state that the presence of an intact
hymen is not a reliable indicator of whether a female
has been vaginally penetrated because the tearing of
the hymen may have been the result of some other
event
The hymen, named for Hymen, the Greek god of
marriage, is a ring of fleshy tissue that sits just inside
the vaginal opening. Normal variations include
everything from thin and stretchy to thick and
somewhat rigid; it may also be completely absent.
Whichever allows for the passage of menstrual fluid;
the only variation that may require medical
intervention is the imperforate hymen, which either
completely prevents the passage of menstrual fluid or
slows it significantly. In either case, surgical
intervention may be needed to allow menstrual fluid to
pass or intercourse to take place at all. It is a
misconception that the hymen always tears during first
intercourse or that intercourse is required to rupture
the hymen. In 2009, the Swedish Association for
Sexuality Education proposed that the term "hymen"
be changed to "vaginal corona.
It is commonly accepted that some women are born
without hymens. A female can undergo a surgical
procedure hymenorrhaphy or hymenoplasty, to repair
or replace a torn hymen, to pass a virginity test.
1.3.1. Gynaecological report

1.4. Cases
1.4.1. U.S. v. Pablo Suan, G.R. No. L-9201, March
3, 1914
United States v. Suan (1914) Trent, J.
Plaintiff and appellee: United States
Defendant and appellant: Pablo Suan
Brief Facts: Suan had carnal relations with Aniceta, a
14-year-old. Suan thought Aniceta was a virgin. He
later found out that Aniceta have had carnal relations
with various men prior to their illicit relation. Suan
raised this as a defense. CFI convicted Suan; SC
reversed.
Doctrine: The fact that the man may have considered
her a virgin does not seem to change the rule. His
ignorance of her previous immoral and unchaste
practices cannot make her a virgin in the eye of the
law.
FACTS:
1. Aniceta Saldivia, the offended party, testified:
That she was 14 years old;
That Pablo Suan was one of her teachers;
That on September 1911, Suan began making
love to her and promised to marry her;
That after the engagement in the following
month he began having sexual intercourse with
her;
That she had sexual intercourse with Suan
many times during the period of seven months;
That after she became pregnant, the defendant
stopped coming to her house; and
That in June 1912, she gave birth to a child.
2. Suan showed conclusively that Saldivia had illicit
relations with various young men at various times
before he had carnal relations with her.
3. A case was filed against Suan. CFI convicted him of
the crime of seduction.
Anent Suans defense, the CFI said: The Court
cannot shut its eyes to the fact that as no
attempt was made on the part of the
Government to deny the allegations that
Aniceta Saldivia had indulge in sexual
intercourse with a number of persons
apparently in a promiscuous manner, the said
Aniceta might well be regarded by the accused
as more or less a public woman. The fact
remains that by his own confession he did not
know this until after she and he had entered
upon
their
unlawful
carnal
relations.
Nevertheless, the court is willing to regard the
circumstance as an extenuating circumstance
in favor of the accused.
4. Defendant appealed from the decision of the CFI.

ISSUE: The defendant, by means of a promise of

marriage, had sexual intercourse with the offended girl.
At the time these illicit relations began the defendant
did not know that Aniceta had been having illicit
relations with a number of young men prior thereto. Do
these facts constitute the crime of seduction? NO, the
defendant did not commit the crime of
seduction.
RATIO:
Par. 1 of Art. 443 of the Penal Code, under
which Suan was convicted and sentenced, reads as
follows: The seduction of a virgin over twelve and
under twenty-three years of age, committed by any
person in public authority, priest, servant,
domestic, guardian, teacher, or any person who in
any capacity shall have charge of the education of
the woman seduced, or shall have her under his
care, shall be punished by prision correccional in its
minimum and medium degrees.
Viada defined seduction as the unlawful
carnal intercourse with an unmarried woman or
widow of good reputation more than 12 years of
age and lees than 23.
Websters International Dictionary defined
virgin as a woman who has had no carnal
knowledge of man: a maid.
The meaning of the expression a virtuous
female, as used in reference to the crime of
seduction, was explained by the supreme court of
Georgia in Washington vs. State as follows: Had
she at that time had sexual relations with another
man? If she had, she was not a virtuous woman; if
she had not, she was a virtuous woman.

The general rules is that unmarried females

who are virgins are virtuous; and those who, by
their own consent, have ceased to be virgins,
are not virtuous.

The jury should treat (the woman alleged to

have been seduced) as virtuous unless the
evidence,, direct or circumstantial, should
satisfy them that she had lost her virtue, by
having illicit intercourse.
Cyclopedia of Law and Procedure: The word
seduce, as found in the statute, imports not
only illicit sexual intercourse, but it imports also a
surrender of chastity; a surrender of the womans
personal virtue. The statute is for the protection of
the chastity of unmarried women, and the
existence of the virtue at the time of the
intercourse is a necessary ingredient of the
offense; for, as has been often said, the woman
who has lost her chastity, the prostitute, may be
the victim of rape, but is not the subject of
seduction.
American and English Encyclopedia of Law:
The statutes generally require that the woman
seduced must have had a previous chaste
character, and that must be alleged in the
indictment. [] [i]t is generally held that

character, as used in these statutes, means

actual personal virtue and not merely reputation.
The fact that Suan may have considered
Saldivia a virgin does not seem to change the
rule. His ignorance of her previous immoral
and unchaste practices cannot make her a
virgin in the eye of the law.

DISPOSITION:
acquitted.

Judgment

reversed;

yielding to the allurements and promises of the

seducer
Under the Spanish system of proof, the mere fact that
a woman was unmarried did not give rise to a
presumption de jure of her virginity; nor would this
fact, without any other evidence tending to show her
good repute, be a sufficient basis for a presumption of
fact.

defendant

1.4.2. U.S. v. Pedro Alvarez, G.R. No. 881, August

30, 1902.
US v. Alvarez (1902)
Complainant: The United States,
Defendants: PEDRO ALVAREZ,
Topic: Module 6
FACTS:
On the 27th of December, 1901, Maria Esperanza
Evangelista, 21 years of age, left her parents'
house without their knowledge and went to the
house of defendant Pedro. She stayed there for 10
days.
Pedro was married but lived apart from his wife. He
had represented himself to Maria to be a widower,
and had agreed to marry her.
Maria testifies that she went to the defendant's
house in pursuance of an arrangement had with
him.
Lower court found to the effect that she was
induced to leave her home by the persuasions of
the defendant.
Upon these facts, the defendant was convicted
under article 446 of the Penal Code, which
punishes "the abduction of a virgin under 23 and
over 12 years of age, effected with her consent.
Defense claims that conviction is wrong (1)
because the young woman was not taken
physically from her parents' home, either by the
defendant or through his agency, and (2) because
the fact of her virginity at the time of the alleged
rapto was not established.
ISSUE: WON Pedro is guilty of crime in Art 446 of Penal
Code? -YES
RATIO:
There are two kinds of rapto rapto by force,
punished by article 445 of the Penal Code, and rapto by
seduction.
The first is effected by violence, against the will of the
person abducted, and the second is that which is
accomplished without the resistance of the person,
when she consents to it through promises,
enticements, or artifices of her raptor.
In the second case, the essence of the offense is not
the wrong done to the woman, but "the outrage to the
family and the alarm produced in it by the
disappearance of one of its members. " citing a 1895
case, It is not necessary ... that the virgin ... should
have been taken physically from her parents' house,
but it is sufficient that she has abandoned it, and that,

A presumption de jure of the woman's virginity would

arise whenever it was shown that she was unmarried,
and would continue until overthrown by proof to the
contrary. Civ Pro rule.
The provision cited establishes, we think, a rule for
both civil and criminal cases, and might be applied to
the present case. It is not, however, necessary to
decide that this is so, because we think that there is
sufficient evidence in the case to warrant the inference
of the young woman's virginity,
Here it is shown, not only that the young woman was
unmarried, but that she lived at home with her parents,
a mode of life not commonly or naturally associated
with dissolute habits.
HELD: Affirmed Conviction

2. RAPE
2.1. Signs & Symptoms
Physical Symptoms:
Immediately after a rape, survivors often
experience shock. They are likely to feel cold, faint,
become
mentally
confused
(disorientated),
tremble, feel nauseous and sometimes vomit
Pregnancy
Gynaecological problems. Irregular, heavier and/or
painful periods. Vaginal discharges, bladder
infections. Sexually transmitted diseases
Bleeding and/or infections from tears or cuts in the
vagina or rectum
A soreness of the body. There may also be bruising,
grazes, cuts or other injuries
Nausea and/or vomiting
Throat irritations and/or soreness due to forced oral
sex
Tension headaches
Pain in the lower back and/or in the stomach
Sleep disturbances. This may be difficulty in sleeping
or feeling exhausted and needing to sleep more
than usual
Eating disturbances. This may be not eating or
eating less or needing to eat more than usual
Behavioral Symptoms:
Crying more than usual
Difficulty concentrating
Being restless, agitated and unable to relax or
feeling listless and unmotivated
Not wanting to socialise or see anybody or
socialising more than usual, so as to fill up every

minute of the day

Not wanting to be alone
Stuttering or stammering
Avoiding anything that reminds the survivor of the
rape
Being more easily frightened or startled than usual
Being very alert and watchful
Becoming easily upset by small things
Relationship problems, with family, friends, lovers
and spouses
Fear of sex, loss of interest in sex or loss of sexual
pleasure
Changes in lifestyle such as moving house, changing
jobs, not functioning at work or at school or
changes to appearance
Drop in school, occupational or work performance
Increased substance abuse
Increased washing or bathing
Behaving as if the rape didnt occur, trying to live life
as it was before the rape, this is called denial
Suicide attempts and other self-destructive
behaviour such as substance abuse or selfmutilation
Psychological Symptoms:
Increased fear and anxiety
Self-blame and guilt
Helplessness, no longer feeling in control of your life
Humiliation and shame
Lowering of self esteem
Feeling dirty or contaminated by the rape
Anger
Feeling alone and that no one understands
Losing hope in the future
Emotional numbness
Confusion
Loss of memory
Constantly thinking about the rape
Having flashbacks to the rape, feeling like it is
happening again
Nightmares
Depression
Becoming suicidal

2.1.1. Rape Trauma Syndrome

It is the group of reactions emotional, physical,

and behavioral reported by victims of attempted
or completed rape.
The clusters of reactions are separated into two
stages: an acute, immediate phase of disruption
and disorganization; and a long-term process of
reorganization. The length of each phase can vary,
and people may move back and forth between
stages.
As practitioners have worked with survivors, they
began to see another phase that has come to be
known as the underground phase.

The Acute Stage:

Emotional Reactions:
o Victims describe a wide range of emotions
immediately following a rape. The physical
and emotional impact of the incident may
be so intense that the victim feels shock
and disbelief. When the shock and disbelief
begin to dissipate, the primary feeling is
fear fear of physical injury, mutilation,
and death.
o

Physical Reactions:
o Many victims report a general feeling of
soreness all over their body. Others specify
the body area that was the focus of the
assailants force such as throat, chest,
arms, or legs. Victims also report physical
symptoms specific to the area of the body
that was the focus of the sexual assault.
o

Other feelings range from humiliation,

degradation,
guilt,
shame,
and
embarrassment to self-blame, anger and
revenge. The range of strong feelings can
result in wide mood swings.

Victims forced to have oral sex may

describe irritation to the mouth and throat.
Victims forced to have vaginal sex may
have vaginal discharge, itching, a burning
sensation during urination, and generalized
pain. Those forced to have anal sex may
report rectal pain and bleeding in the days
immediately following the rape.

Behavioral Reactions:
o As people do in other crisis situations,
victims of sexual assault may react with
fear and confusion. They may have
difficulty in problem solving and in
mobilizing the strength to accomplish daily
tasks.
The
ability
to
absorb
new
information is greatly impaired. People may
also make a quick change in living
arrangements or may stay in various
places, or change phone numbers.

The Underground Stage:

The underground stage is a time period during
which victims attempt to return to their lives as if
nothing had happened. During this period, they
may try to block thoughts of the assault from their
minds. They may not want to talk about the
incident or any of the related issues. They just want
to forget about it.
This period may be characterized by difficulty in
concentrating and some depression. Some people
may remain in this underground stage for years
and may appear over it, despite the fact that the
emotional issues are not resolved. Avoidance is the
common theme of this stage. The victim
deliberately tries to avoid any reminders of the
rape.
The Reorganization Stage:

The long-term process of reorganization often

begins with a return to emotional turmoil. The
event which triggers the new phase of turmoil may
be seeing the assailant again, the arrival of a
subpoena, a dream or nightmare, or a certain
smell. If an individual has past experiences of
victimization (such as childhood sexual assault),
this stage can be complicated by feelings
connected to those events. It can be extremely
frightening to people in this stage to once again
find themselves in emotional pain.
Fear and phobias may develop. They may be
related specifically to the appearance of the
assailant or to the circumstances of the attack.
Sometimes
phobias
can
be
much
more
generalized. Eating and sleeping disturbances can
re- emerge, as can dreams and nightmares. Violent
fantasies of revenge may also arise.

"c) By means of fraudulent machination or grave abuse

of authority; and
"d) When the offended party is under twelve (12) years
of age or is demented, even though none of the
circumstances mentioned above be present.
"2) By any person who, under any of the circumstances
mentioned in paragraph 1 hereof, shall commit an act
of sexual assault by inserting his penis into another
person's mouth or anal orifice, or any instrument or
object, into the genital or anal orifice of another
person.
"Article 266-B. Penalty. - Rape under paragraph 1 of the
next preceding article shall be punished by reclusion
perpetua.
"Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the penalty
shall be reclusion perpetua to death.

2.2. Medical evidence of rape

"When by reason or on the occasion of the rape, the

victim has become insane, the penalty shall become
reclusion perpetua to death.
2.3. Laws
2.3.1. RA 8353 - The Anti-Rape Law of 1997

"When the rape is attempted and a homicide is

committed by reason or on the occasion thereof, the
penalty shall be reclusion perpetua to death.

Republic Act No. 8353

1997

"When by reason or on the occasion ofthe rape,

homicide is committed, the penalty shall be death.

September 30,

AN ACT EXPANDING THE DEFINITION OF THE CRIME OF

RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST
PERSONS, AMENDING FOR THE PURPOSE ACT NO.
3815, AS AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled::
Section 1. Short Title. - This Act shall be known as
"The Anti-Rape Law of 1997."
Section 2. Rape as a Crime Against Persons. - The
crime of rape shall hereafter be classified as a Crime
Against Persons under Title Eight of Act No. 3815, as
amended, otherwise known as the Revised Penal Code.
Accordingly, there shall be incorporated into Title Eight
of the same Code a new chapter to be known as
Chapter Three on Rape, to read as follows:
"Chapter Three
"Rape
"Article 266-A. Rape: When And How Committed. Rape is committed:

"The death penalty shall also be imposed if the crime

of rape is committed with any of the following
aggravating/qualifying circumstances:
"l) When the victim is under eighteen (18) years of age
and the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within
the third civil degree, or the common-law spouse of the
parent of the victim;
"2) When the victim is under the custody of the police
or military authorities or any law enforcement or penal
institution;
"3) When the rape is committed in full view of the
spouse, parent, any of the children or other relatives
within the third civil degree of consanguinity;
"4) When the victim is a religious engaged in legitimate
religious vocation or calling and is personally known to
be such by the offender before or at the time of the
commission of the crime;
"5) When the victim is a child below seven (7) years
old;

"a) Through force, threat, or intimidation;

"6) When the offender knows that he is afflicted with

the Human Immuno-Deficiency Virus (HIV)/Acquired
Immune Deficiency Syndrome (AIDS) or any other
sexually transmissible disease and the virus or disease
is transmitted to the victim;

"b) When the offended party is deprived of reason or

otherwise unconscious;

"7) When committed by any member of the Armed

Forces of the Philippines or para-military units thereof

"1) By a man who shall have carnal knowledge of a

woman under any of the following circumstances:

or the Philippine National Police or any law

enforcement agency or penal institution, when the
offender took advantage of his position to facilitate the
commission of the crime;

decrees, executive orders, administrative orders, rules

and regulations inconsistent with or contrary to the
provisions of this Act are deemed amended, modified
or repealed accordingly.

"8) When by reason or on the occasion of the rape, the

victim has suffered permanent physical mutilation or
disability;

Section 5. Effectivity. - This Act shall take effect fifteen

(15) days after completion of its publication in two (2)
newspapers of general circulation.

"9) When the offender knew of the pregnancy of the

offended party at the time of the commission of the
crime; and

2.3.2. RA 8505 -Rape Victim Assistance and

Protection Act of 1998

"10) When the offender knew of the mental disability,

emotional disorder and/or physical handicap of the
offended party at the time of the commission of the
crime.

Republic Act No. 8505

February 13, 1998

"Rape under paragraph 2 of the next preceding article

shall be punished by prision mayor.

AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR

RAPE VICTIMS, ESTABLISHING FOR THE PURPOSE A
RAPE CRISIS CENTER IN EVERY PROVINCE AND CITY,
AUTHORIZING THE APPROPRIATION OF FUNDS
THEREFOR, AND FOR OTHER PURPOSES

"Whenever the rape is committed with the use of a

deadly weapon or by two or more persons, the penalty
shall be prision mayor to reclusion temporal.

Be it enacted by the Senate and House of

Representatives of the Philippines in Congress
assembled::

"When by reason or on the occasion of the rape, the

victim has become insane, the penalty shall be
reclusion temporal.

Section 1. Title. - This Act shall be known as the "Rape

Victim Assistance and Protection Act of 1998."

"When the rape is attempted and a homicide is

committed by reason or on the occasion thereof, the
penalty shall be reclusion temporal to reclusion
perpetua.
"When by reason or on the occasion ofthe rape,
homicide is committed, the penalty shall be reclusion
perpetua.
"Reclusion temporal shall be imposed if the rape is
committed with any of the ten aggravating/ qualifying
circumstances mentioned in this article.
"Article 266-C. Effect of Pardon. - The subsequent valid
marriage between the offended party shall extinguish
the criminal action or the penalty imposed.
"In case it is the legal husband who is the offender, the
subsequent forgiveness by the wife as the offended
party shall extinguish the criminal action or the
penalty: Provided, That the crime shall not be
extinguished or the penalty shall not be abated if the
marriage is void ab initio.
"Article 266-D. Presumptions. - Any physical overt act
manifesting resistance against the act of rape in any
degree from the offended party, or where the offended
party is so situated as to render her/him incapable of
giving valid consent, may be accepted as evidence in
the prosecution of the acts punished under Article 266A."
Section 3. Separability Clause. - If any part, Sec., or
provision of this Act is declared invalid or
unconstitutional, the other parts thereof not affected
thereby shall remain valid.
Section 4. Repealing Clause. - Article 336 of Act No.
3815, as amended, and all laws, acts, presidential

Section 2. Declaration of Policy. - It is hereby declared

the policy of the State to provide necessary assistance
and protection for rape victims. Towards this end, the
government shall coordinate its various agencies and
non-government organizations to work hand in hand
for the establishment and operation of a rape crisis
center in every province and city that shall assist and
protect rape victims in the litigation of their cases and
their recovery.
Section 3. Rape Crisis Center. - The Department of
Social Welfare and Development (DSWD), the
Department of Health (DOH), the Department of the
Interior and Local Government (DILG), the Department
of Justice (DOJ), and a lead non-government
organization (NGO) with proven track record or
experience in handling sexual abuse cases, shall
establish in every province and city a rape crisis center
located in a government hospital or health clinic or in
any other suitable place for the purpose of:
(a)
Providing rape victims with psychological
counselling, medical and health services, including
their medico-legal examination;
(b)
Securing free legal assistance or service, when
necessary, for rape victims;
(c)
Assisting rape victims in the investigation to
hasten the arrest of offenders and the filing of cases in
court;
(d)
Ensuring the privacy and safety of rape
victims;
(e)
Providing psychological counselling and
medical services whenever necessary for the family of
rape victims;
(f)

Developing and undertaking a training program

for law enforcement officers, public prosecutors,

lawyers, medico-legal officers, social workers, and
barangay officials on human rights and responsibilities;
gender sensitivity and legal management of rape
cases; andalf-1awphi1
(g)
Adopting and implementing programs for the
recovery of rape victims.
The DSWD shall be the lead agency in the
establishment and operation of the Rape Crisis Center.
Section 4. Duty of the Police Officer. - Upon receipt by
the police of the complaint for rape, it shall be the duty
of the police officer to:
(a)
Immediately refer the case to the prosecutor
for inquest/investigation if the accused is detained;
otherwise, the rules of court shall apply;
(b)
Arrange for counselling and medical services
for the offended party; and
(c)

Immediately make a report on the action taken.

It shall be the duty of the police officer or the

examining physician, who must be of the same gender
as the offended party, to ensure that only persons
expressly authorized by the offended party shall be
allowed inside the room where the investigation or
medical or physical examination is being conducted.
For this purpose, a women's desk must be established
in every police precinct throughout the country to
provide a police woman to conduct investigation of
complaints of women rape victims. In the same
manner, the preliminary investigation proper or inquest
of women rape victims must be assigned to female
prosecutor or prosecutors after the police shall have
endorsed all the pertinent papers thereof to the same
office.
Section 5. Protective Measures. - At any stage of the
investigation, prosecution and trial of a complaint for
rape, the police officer, the prosecutor, the court and
its officers, as well as the parties to the complaint shall
recognize the right to privacy of the offended party and
the accused. Towards this end, the police officer,
prosecutor, or the court to whom the complaint has
been referred may, whenever necessary to ensure fair
and impartial proceedings, and after considering all
circumstances for the best interest of the parties, order
a closed-door investigation, prosecution or trial and
that the name and personal circumstances of the
offended party and/or the accused, or any other
information tending to establish their identities, and
such circumstances or information on the complaint
shall not be disclosed to the public.
The investigating officer or prosecutor shall inform the
parties that the proceedings can be conducted in a
language or dialect known or familiar to them.
Section 6. Rape Shield. - In prosecutions for rape,
evidence of complainant's past sexual conduct, opinion
thereof or of his/her reputation shall not be admitted
unless, and only to the extent that the court finds, that
such evidence is material and relevant to the case.

Section 7. Appropriations. - For the establishment and

operation of the rape crisis centers during the first year
of implementation of this Act, the amount of One
hundred twenty million pesos (P120,000,000.00) shall
be charged against the Organizational Adjustment
Fund, as follows: Sixty million pesos (P60,000,000.00)
for the DSWD; and Twenty million pesos
(P20,000,000.00) each for the DOH, DILG, and DOJ,
respectively. Thereafter, the necessary amount for the
rape crisis centers shall be included in the budgetary
allocations for the agencies concerned in the annual
General Appropriations Act.
Section 8. Implementing Rules and Regulations. Within ninety (90) days upon the approval of this Act,
all concerned agencies shall formulate rules and
regulations as may be necessary for the proper
implementation thereof.
Section 9. Separability Clause. - If any part, section or
provision of this Act is declared invalid or
unconstitutional, the other parts thereof not affected
thereby shall remain valid.
Section 10. Repealing Clause. - All laws, acts,
presidential decrees, executive orders, administrative
orders, rules and regulations inconsistent with or
contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly.
Section 11. Effectivity. - This Act shall take effect
fifteen (15) days after completion of its publication in
at least two (2) newspapers of general circulation.

2.4. Cases
2.4.1. People v Vallejo, G.R. No. 144656. May 9,
2002
People v Vallejo (2002) Per Curiam
FACTS:
1. Accused-appellant Gerrico Vallejo was charged with
Rape with Homicide for the death of Daisy Diolola
before the RTC. He pleaded not guilty to the crime.
2. The following testified for the prosecution:
a.

The victims mother, Ma. Nida Diolola, testified that

at around 1:00 oclock in the afternoon, she sent
her 9-year old daughter Daisy Diolola to their
neighbors house in Rosario, Cavite, so that Aimee
Vallejo, the sister of accused-appellant, could help
Daisy with her lessons. An hour later, Daisy came
back with Vallejo. They were looking for a book
which accused could copy to make a drawing or a
poster that Daisy would submit to her
teacher. After finding the book, Daisy and Vallejo
went back to the latters house. When Ma. Nida
woke up at about 5:30 oclock after an afternoon
nap, she noticed that Daisy was not yet home. She
started looking for her daughter and proceeded to
the house of Aimee, Daisys tutor. Aimees mother

b.

c.

d.

e.

told Ma. Nida that Daisy was not there. Ma. Nida
looked for Daisy in her brothers and sisters houses,
but she was not there either. Ma. Nida went back to
her neighbors house, and there saw Vallejo, who
told her that Daisy had gone to her classmates
house to borrow a book. But, when Ma. Nida went
to her classmates, she found that Daisy had not
been there. Ma. Nida went to the dike and was told
that
they
saw
Daisy
playing
at
about
3:30pm. Jessiemin Mataverde also told Ma. Nida
that Daisy was playing in front of her house that
afternoon but that Daisy later left with Vallejo. The
next day, Ma. Nida was informed that the dead
body of her daughter was found tied to the root of
an aroma tree by the river after the compuerta by
a certain Freddie Quinto.
Jessiemin Mataverde, testified that at around
3:00pm she saw Daisy playing with other children
outside, before watching television inside her
house. About five minutes later, Vallejo came to the
house and told Daisy something, as a result of
which she went with him and the two proceeded
towards the compuerta. At around 5:00pm, while
she and her daughter were in front of a store
across the street from her house, Vallejo arrived to
buy a stick of Marlboro cigarette. He had only his
basketball shorts on and was just holding his
shirt. They noticed both his shorts and his shirt
were wet.
Charito Yepes, another neighbor of Ma. Nida, said
that at about 4:30pm, she and her husband
decided to get some fishing implements. They met
Vallejo near the seashore and noticed that he was
uneasy and looked troubled. Charito said that
accused-appellant did not even greet them, which
was unusual. Vallejos shorts and shirt (sando) were
wet, but his face and hair were not.
SPO1 Arnel Cuevas testified that the inquiries
conducted by the police showed that one Freddie
Quinto was fishing near the compuerta when he
accidentally hit the body of Daisy, which was in the
mud and tied to the root of an aroma tree. Based
on the statements of Jessiemin Mataverde and
Charito Paras-Yepes, the policemen went to the
house of Vallejo and recovered the white basketball
shirt, with the name Samartino and No. 13 printed
at the back, and the violet basketball shorts, with
the number 9 printed on it, worn by accusedappellant the day before. The shirt and shorts,
which were bloodstained, were turned over to the
NBI for laboratory examination.
Dr. Antonio S. Vertido, NBI Medico-Legal Officer,
testified that at about 9:00pm after Vallejo was
invited by the police for questioning, he conducted
a physical examination of accused-appellant. His
findings showed the following:

Abrasions: thigh, right, antero-lateral aspect,

lower 3rd 5.0 x 0.1 cm., knee, left, 7.0 x 6.0 cm.
legs, right anterior aspect, 28.0 x 8.0 cms., left
anterior aspect, 24.0 x 10.0 cms., feet, plantar
aspects; right, 9.0 x 3.0 cms. and left, 13.0 x
5.0 cms.

Hematoma, left ring finger, posterior aspect,

1.0 x 0.5 cm.

Lacerations, left ring finger, posterior

aspect, 0.3 cm.

Dr. Vertido also conducted an autopsy on the

cadaver of the victim Daisy Diolola. The autopsy
revealed the following postmortem findings:

f.

g.

Body in early stage of postmortem

decomposition characterized by foul odor, eyes
and tongue protruding, bloating of the face and
blister formation.

Washerwomans hands and feet.

Contusion, (pinkish) face, right, 14.0 x 10.0

cms. and left, 13.0 x 6.0 cms. Contused
abrasions, forehead, 13.0 x 5.0 cms. upper lip,
5.0 x 22.0 cms., lower lip, 3.0 x 2.0 cms., neck
(nailmarks) anterior aspect, 8.0 x 5.0 cms.,
arms, right antero-medial aspect, middle 3rd
3.0 x 15.0 cms. posterior aspect, upper 3rd, 1.5
x 1.0 cms., left posterior aspect, 20.0 x 9.0
cms., forearm, left, posterior aspect, 21.0 x 8.0
cms. left thumb, anterior aspect, 1.5 x 1.0
cms., left middle, ring and little fingers, dorsal
aspect, .50 x 4.0 cms. knees, right, 3.0 x 2.0
cms. and left, 8.0- x 5.0 cms., legs, right
anterior aspect, upper and middle 3rd 3.0 x 2.5
cms. foot right, dorsal aspect.

Hematoma, periorbital right, 5.0 x 3.0 cms. and

left, 4.5 x 3.0 cms.

Fracture, tracheal rings.

Hemorrhages, interstitial, neck, underneath,

nailmarks. Petechial hemorrhages,
subendocardial, subpleural.

Brain and other visceral organs are congested.

Stomach, contains rice and other food

particles.

CAUSE OF DEATH: -Asphyxia by Manual

Strangulation.

GENITAL EXAMINATION: - Pubic hair, no

growth. Labia majora and minora, gaping and
congested. Hymen, moderately tall, thick with
fresh lacerations, complete at 3:00, 6:00 and
9:00 oclock positions, edges with blood clots.
[Autopsy Report No. BTNO-99-152]
Renato Abutan, Municipal Mayor of Rosario, Cavite,
testified that he was informed of the rape and
murder. He
immediately
proceeded
to
the
municipal jail and talked to Vallejo. Accused at first
denied having anything to do with the killing and
rape of the child. The mayor said he told accusedappellant that he could not help him if he did not
tell the truth. At that point, accused-appellant
started crying and told the mayor that he killed the
victim by strangling her. Vallejo claimed that he
was under the influence of drugs. The mayor asked
him if he wanted to have the services of Atty. Lupo
Leyva, a resident of Rosario, as his lawyer. Accused
said yes.
Atty. Lupo Leyva corroborated Mayor Abutans
testimony. He said that upon arriving at the police
station, he asked Vallejo if he wanted his services
as counsel in the investigation. After accused
assented, Atty. Leyva testified that he sort of
discouraged the former from making statements as
anything he said could be used against him. But, as
Vallejo was willing to be investigated, Atty. Leyva
said he advised him to tell the truth. PO2 Garcia,
the investigator, informed accused of his
constitutional rights to remain silent and to be
assisted by counsel and warned him that any

answer he gave could and might be used against

him in a court of law. PO2 Garcia asked questions
from Vallejo, who confessed to the crime in the
presence of Atty. Leyva. After the statement was
taken, Atty. Leyva and accused read it and
afterwards signed it. Atty. Leyva testified that he
did not see or notice any indication that Vallejo had
been maltreated by the police.
h. Pet Byron Buan, Forensic Biologist of the NBI,
testified that he took blood samples from
accused-appellant in his office for laboratory
examination
to
determine
his
blood
type. Likewise, the basketball shorts and
shirt worn by accused on the day the victim
was missing and the victims clothing were
turned over to the Forensic Chemistry
Division of the NBI The results of the
examinations showed Vallejo to belong to
Group O. The following specimens: (1) one (1)
white no. 13 athletic basketball shirt, with
patches Grizzlies in front and SAMARTINO at
the back; (2) one (1) violet no. 9 athletic
basketball short pants; (3) one (1) white
small Hello Kitty T-shirt with reddish brown
stains; (4) one (1) cut pink short pants with
reddish brown stains; (5) one (1) cut dirty
white small panty with reddish brown stains,
were all positive for the presence of human
blood showing the reactions of Group A, the
blood type of the victim.

Buan also said he had a conversation with

accused-appellant during which the latter
admitted that he had raped and later killed the
victim by strangulation but was remorseful and
was crying when he made the confession.

Lastly, Buan took buccal swabs and hair

samples from Vallejo, as well as buccal
swabs and hair samples from the parents
of the victim, namely, Ma. Nida Diolola
and Arnulfo Diolola. The samples were
submitted to the DNA Laboratory of the
NBI for examination. The NBI conducted
DNA tests on the specimens collected and
found that the vaginal swabs of the victim
taken by Dr. Vertido during the autopsy
contained the DNA profiles of accused and
the victim.
i. Atty. Sikat Agbunag, a lawyer from the Public
Attorneys Office, testified that while she was in
their office in Cavite City, Prosecutor Itoc came
together with accused-appellant and some
policemen. Prosecutor Itoc asked Atty. Agbunag to
assist accused-appellant about his confession. Atty.
Agbunag read the document which contained his
written confession, informed accused of his
constitutional rights, and warned him that the
document could be used against him and that he
could be convicted of the case against him, but,
according to her, accused said that he had freely
and voluntarily executed the document because he
was bothered by his conscience. Vallejo, assisted
by Atty. Agbunag, then affixed his signature to the
document and swore to it before Prosecutor Itoc.
3. The defense only presented as witnesses accusedGerrico Vallejo and his sister Aimee Vallejo.

Their testimonies show that at about 1:00pm

on the day of the incident, accused-appellant,

Aimee, and their sister Abigail were in their

house when Daisy Diolola came to ask accused
to draw her school project. Daisy left
afterwards. Accused said that he finished the
drawing at about 3:00 oclock in the afternoon
and gave it to the victims aunt, Glory. He then
returned home to watch television again. He
claimed he did not go out of the house until
7:00 in the evening when he saw Ma. Nida, who
was looking for her daughter. He then went to
the pilapil and talked with some friends, and, at
about 8:00 that evening, he went home.
The next day, barangay officials fetched Vallejo
from his house and took him to the barangay
hall, where he was asked about the
disappearance of Daisy. He claimed that he did
not know anything about it. At 4:00 oclock that
afternoon, accused accompanied the police to
his house to get the basketball shorts and shirt
he was wearing the day before, which were
placed together with other dirty clothes at the
back of their house. The police forced him to
admit that he had raped and killed Daisy and
that he admitted having committed the crime
to stop them from beating him up. He claimed
the police even burned his penis with a lighted
cigarette and pricked it with a needle.
Accused claimed that, although he admitted to
Mayor Abutan and Atty. Leyva the commission
of the crime, this was because the police had
maltreated him. Vallejo said he did not tell the
mayor or Atty. Leyva that he had been tortured
because the policemen were around and he
was afraid of them. Further, Mayor Abutan and
Atty. Leyva were not present when he gave his
confession to the police and signed the same.
Accused claims that although the document
containing his confession was in his own
handwriting, he merely copied the contents
thereof from a pattern given to him by the
police.

4. The RTC found Vallejo guilty of the crime of Rape

with Homicide, and sentenced him to the supreme
penalty of death. He wass directed to indemnify the
heirs of the victim in the amount of P100,000.00 as
civil indemnity and P50,000.00 as moral damages.
5. Hence this appeal.

ISSUE:
WON the trial court erred in convicting Vallejo of Rape
with Homicide - NO
.
RATIO:
CIRCUMSTANTIAL EVIDENCE

An accused can be convicted even if no eyewitness

is available, provided sufficient circumstantial
evidence is presented by the prosecution to prove
beyond reasonable doubt that the accused
committed the crime. In rape with homicide, the
evidence against an accused is more often than not
circumstantial. This is because the nature of the
crime, where only the victim and the rapist would

have been present at the time of its commission,

makes the prosecution of the offense particularly
difficult since the victim could no longer testify
against the perpetrator.
o Under Rule 133, section 4 of the Revised Rules
on Evidence, circumstantial evidence is
sufficient to sustain a conviction if:

10. The clothes which accused-appellant wore

the day before were bloodstained. The
bloodstains on accused-appellants clothes
and on Daisys clothes were found positive
of human blood type A.
11. Accused-appellant has blood type O.
12. The vaginal swabs from Daisys body
contained her DNA profile as well as that
of accused-appellant.

(a) there is more than one circumstance;

(b) the facts from which the inferences are
derived are proven; and
(c) the combination of all circumstances is
such as to produce conviction beyond
reasonable doubt.

In the case at bar, the following circumstantial

evidence establish beyond reasonable doubt
the guilt of accused-appellant:
1. The victim went to Aimee Vallejos house,
where accused-appellant was residing, at
1:00 oclock in the afternoon of July 10,
1999, for tutoring.
2. At around 2:00 oclock in the afternoon,
accused-appellant
and
Daisy
went
together to the latters house to get a book
from which the former could copy Daisys
school project. After getting the book, they
proceeded
to
accused-appellants
residence.
3. From accused-appellants house, Daisy
then went to the house of Jessiemin
Mataverde
where
she
watched
television. Accused-appellant
thereafter
arrived and whispered something to Daisy,
and the latter went with him towards the
compuerta.
4. At about 4:30 oclock in the afternoon, the
spouses Iluminado and Charito Yepes saw
accused-appellant coming out of the
compuerta, with his clothes, basketball
shorts, and t-shirt wet, although his face
and hair were not. According to these
witnesses, he looked pale, uneasy, and
troubled (balisa). He kept looking around
and did not even greet them as was his
custom to do so.
5. The fishing boat which accused-appellant
used as a bomber (a boat for catching fish
with dynamite) was docked by the
seashore.
6. A little before 5:00 oclock in the afternoon,
Jessiemin Mataverde also saw accusedappellant buying a Marlboro cigarette from
a store. Jessiemen also noticed that
accused-appellants clothes were wet but
not his face nor his hair.
7. By 5:30 oclock in the afternoon, as Ma.
Nida Diolola looked for her daughter, she
was told by accused-appellant that Daisy
had gone to her classmate Rosarios
house. The information proved to be false.
8. Daisys body was found tied to an aroma
tree at the part of the river near the
compuerta.
9. During the initial investigation, accusedappellant had scratches on his feet similar
to those caused by the thorns of an aroma
tree.

EXAMINATION OF THE BLOODSTAINS

Accused contends that the bloodstains found on his

garments were not proven to have been that of the
victim as the victims blood type was not
determined.
Even if there was no direct determination as to
what blood type the victim had, it can reasonably
be inferred that the victim was blood type A since
she sustained contused abrasions all over her body
which would necessarily produce the bloodstains
on her clothing.
According to Buan, whichever is the dominant
blood in the specimen will be the one which will
register in the results. For example, if there is more
blood coming from the victim, that blood will be the
one to register, even on occasions when the two
blood mix. This explains why in the case at bar, it
was the victims blood which predominantly
registered in the examination, and no type O blood
was found.
There is no showing that accused-appellant was
coerced
or
forced
into
producing
the
garments. Indeed, that Vallejo voluntarily brought
out the clothes sought by the police becomes more
convincing when considered together with his
confessions. A consented warrantless search is an
exception to the proscription in Section 2 of Article
III of the Constitution.

DNA ANALYSIS

Vallejo argues that the prosecution failed to show

that all the samples submitted for DNA testing
were not contaminated, considering that these
specimens were already soaked in smirchy waters
before they were submitted to the laboratory.
DNA is an organic substance found in a persons
cells which contains his or her genetic code. Except
for identical twins, each persons DNA profile is
distinct and unique. When a crime is committed,
material is collected from the scene of the crime or
from the victims body for the suspects DNA. This is
the evidence sample. The evidence sample is then
matched with the reference sample taken from the
suspect and the victim. The purpose of DNA testing
is to ascertain whether an association exists
between the evidence sample and the reference
sample. The samples collected are subjected to
various chemical processes to establish their
profile.
The test may yield three possible results:
1. The samples are different and therefore must
have
originated
from
different
sources
(exclusion).

2.

It is not possible to be sure, based on the

results of the test, whether the samples have
similar DNA types (inconclusive). This might
occur for a variety of reasons including
degradation, contamination, or failure of some
aspect of the protocol.
3. The samples are similar, and could have
originated from the same source (inclusion).
In assessing the probative value of DNA evidence,
therefore, courts should consider, among others
things, the following data: how the samples were
collected, how they were handled, the possibility of
contamination of the samples, the procedure
followed in analyzing the samples, whether the
proper standards and procedures were followed in
conducting the tests, and the qualification of the
analyst who conducted the tests.
In the case at bar, the bloodstains taken from the
clothing of the victim and of Vallejo, the smears
taken from the victim as well as the strands of hair
and nails taken from her tested negative for the
presence of human DNA because of the
inadequacy of the specimens, not the inadequacy
of the examination or the instruments used.
1. Bloodstains on the clothing: These specimens
were soaked in smirchy water before they were
submitted to the laboratory. The state of the
specimens prior to the DNA analysis could have
hampered the preservation of any DNA that
could have been there before.
2. Vaginal smears: The smear on the slide was
very, very dry and could have chipped off.
3. Hair: The hair samples were cut hair. This
means that the hair did not contain any
root. So any hair that is above the skin or the
epidermis of ones skin would give negative
results as the hair shaft is negative for DNA.
4. Nails: The nails did not contain any
subcutaneous cells that would be amenable for
DNA analysis.
The vaginal swabs taken from the victim yielded
positive for the presence of human DNA.

FINDINGS OF INJURY

Accused-appellant testified that he was boxed,

tortured, and hit with a piece of wood by policemen
to make him admit to the crime. However,
accused-appellant was physically examined by Dr.
Antonio Vertido at about 9:00 oclock in the evening
of the same day. While the results show that
accused-appellant did sustain injuries, the same
are incompatible with his claim of torture.
As Dr. Vertido testified the he only found abrasions
on the thigh, knees, legs and feet, hematoma on
the left ring finger, posterior aspect and at the
same time, a laceration on the left ring finger of
Vallejo. Abrasions are usually caused when the skin
comes in contact with a rough surface while
hematoma are usually caused by a blunt
instrument or object and laceration is the forcible
contact of the skin from that blunt object. He
opined that these hematoma and laceration found
on the said left ring finger could have been caused
by a bite.
If the account of accused that he was beaten up is
true, Dr. Antonio Vertido would have found more

than mere abrasions and hematoma on his left

finger. Dr. Vertidos findings are more consistent
with the theory that Vallejo ustained physical
injuries as a result of the struggle made by the
victim during the commission of the rape.

DISPOSITIVE:
WHEREFORE, in view of all the foregoing
considerations, the decision of the Regional Trial Court,
Branch 88, Cavite City, finding accused-appellant
Gerrico Vallejo y Samartino GUILTY beyond reasonable
doubt of the crime of Rape with Homicide and
sentencing him to the supreme penalty of DEATH and
directing him to indemnify the heirs of the victim in the
amount
ofP100,000.00
as
civil
indemnity
and P50,000.00 as moral damages, is hereby
AFFIRMED.

2.4.2. People v. Perez, G.R. No. 182924, Dec. 24,

2008

People v. Perez
Appellant: Jose Perez
Appellee: People of the Philippines
Topic: Virginity and Rape
FACTS:
-Sep. 1999: The six-year-old victim, AAA, was with his
father (CCC), and his two siblings in a moviehouse
owned by Bumanlag.
o The father and the two siblings were seated in
the middle rows, while AAA sat near the front.
o When the movie ended at 9 PM, the father with
the two siblings left the moviehouse. However,
they noticed that AAA was not with them, so the
father sent one of the siblings back to
moviehouse.
o That sibling found AAA going out of the
moviehouse. They went back to their father.
o The father noticed that AAA was crying so he
asked her what happened. AAA answered that
Perez hit her right eye with a stone and also
punched her abdomen.
-Arriving at their house at 10 PM, the mother noticed
the injuries of AAA and asked her what happened.
The father told her what happened.
o The mother then observed that AAAs private
parts were bleeding. When asked how she
sustained the injury, AAA did not answer. Her
mother made her rest.
-AAA kept denying that her vagina was wounded.
However, she later confessed to her mother that
after Perez hit her with a stone in the eye and
punched her in the abdomen, he took her to the
back of the house of one Oring Ragote.
o
There, AAA recounted that Perez inserted his
finger into her vagina and that he inserted his
penis thereafter.
o AAA said that at that point, she lost
consciousness because of the pain she felt while
he inserted his penis.
-That same morning, AAA and her mother went to the
Brgy. Health Center to have AAA examined.

Dr. Gundayao conducted the examination and

found that AAA had: (a) hematoma and abrasion
in her right eye, (b) contusion on her right dorsal
thigh and lower back, (c) swelling and contusions
on her vulva, (d) swelling and hematoma on her
labia majora, and (e) fresh hymenal lacerations
at the 6 and 9 oclock positions.
o Based on these findings, Dr. Gundayao
concluded that AAA had been sexually abused.
-After this examination, they went to the Police Station
where they executed their affidavits and filed
charges against Perez.
-A year after the examinations, AAA was also brough to
a psychologist. Sheila Chan diagnosed her to be
suffering from Post-Traumatic Stress Disorder
(PTSD).
-Perez tried to strike a plea bargain by pleading to the
lower offense of Acts of Lasciviousness. The public
prosecutor, upon conferring with AAAs family, did
not give consent.
-Perez admitted the following facts:
o That AAA was 6 years old, and a minor
o That on the date of the incident, he was in the
same barangay and municipality as that of the
victims residence
-Perez and his father took the stand to testify for his
defense:
o Perez testified that at the date of the incident, he
went to the same barangay to attend a birthday
celebration. He said that to get to the same
barangay, he had to take a boat, which he knew
how to operate and navigate. He denied raping
AAA by interposing an alibi: that he was at home
with his parents when the alleged rape was
committed. He also testified that he had no
knowledge of any reason or motive why AAA
charged him with rape.
o Meanwhile, Perezs father testified that his son
(the accused, and his wife were at the same
moviehouse as AAA. He said that he saw AAA
and her father go out of the moviehouse. He also
claimed that no untoward incident happened to
AAA or any of the people at the moviehouse
-RTC: Guilty. Maximum penalty of death imposed.
o Found that AAAs testimony was straightforward
and credible, and that she had no reason to
fabricate the charge except to seek justice for
the wrong against it.
o The
supporting
testimony
and
evidence
submitted
by
Dr.
Gundayao,
and
the
psychologist, Sheila Chan, further established
the version of events, as testified by AAA.
o Perezs defenses of denial and alibi were
untenable. The testimony of Perezs father
actually conflicted with the accuseds own
version of the events. The former said that he
was at the moviehouse, while the latter had him
at home.
o Also, it was not impossible for the accused to
have gone from his home to the place of the
crime; he himself admitted that he knew how to
navigate his way to the barangay and that the
travel time only takes an hour
-CA: RTC affirmed but modified penalty to reclusion
perpetua.
-Hence, this appeal.
o

ISSUE(S):
1. WON AAAs testimony is admissible and
credible (YES)
2. WON
eyewitnesses
are
necessary
for
conviction (NO)
3. WON the public health officers testimony was
inconclusive (NO)
4. WON the lack of seminal fluids in AAAs vagina
is fatal to the prosecutions case (NO)
RATIO:
SC: There are 3 principles to observe in determining
the innocence or guilt of the accused:
(1) An accusation of rape can be made with facility
and while the accusation is difficult to prove, it is
even more difficult for the accused, though
innocent, to disprove;
(2) Considering that in the nature of things, only two
persons are usually involved in the crime of rape,
the testimony of the complainant should be
scrutinized with great caution; and
(3) The evidence for the prosecution must stand or
fall on its own merits and cannot be allowed to draw
strength from the weakness of the evidence for the
defense.
1. YES. AAA is not a coached witness. Her
testimony was straightforward and credible
-Perez: AAA is a coached witness. Mostly, leading
questions were used to solicit answers from her
during her testimony.
-SC: Argument is untenable. AAA testified in a
straightforward and credible manner.
o While, admittedly, leading questions were
propounded to AAA for her testimony, such is
allowed under the Rule on Examination of a Child
Witness, and under Rule 132, Sec 10 (c), which is
an exception to the general prohibition on
leading questions.
o AAA was 7 years of age and was not yet
attending school during the trial.
o The justification for this is that it is difficult to
gather the facts from a child witness without
prompting or giving suggestions. Leading
questions are necessary to coax the truth out of
their reluctant lips.
o This Court has held time and again that
testimonies of rape victims who are young and
immature deserve full credence, considering that
no young woman, especially of tender age,
would concoct a story of defloration, allow an
examination of her private parts, and thereafter
pervert herself by being subject to a public trial,
if she was not motivated solely by the desire to
obtain justice for the wrong committed against
her.
2. NO. An eyewitness is not necessary for
conviction for the charge of rape.
-Contrary to the accuseds argument, an eyewitness is
not necessary. What matters is the weight of
credibility of the witness(es) and not their number.
-The testimony of a single witness may be sufficient to
produce a conviction, if the same is trustworthy and
reliable.

-It is also of judicial notice that rape is usually

committed in a place where no one is present
except the accused and the victim.
-AAA positively identified Perez as her rapist. As such,
her sole testimony is sufficient to convict.
3. NO. The public health officers testimony was
not inconclusive.
-Dr. Gundayao made the following findings:
General and Physical Findings:
xxxx
Contusion hematoma (R) lower eye with linear
abrasion, (R) nasal
Bridge.
Contussion (sic) right (R) lower back
Contussion (sic) right (R) dorsal thigh xxxx
Genital Examination:
Vulva with contusion noted
Absence of pubic hair, contusion Labia Majora with
hematoma Ushaped posterior fourchette
Hymenal laceration, deep, fresh, at 6:00 o'clock
position and shallow, fresh hymenal laceration at 4:00
o'clock position corresponding to the face of a watch,
vaginal canal admits
Remarks:

1) With evident sign of extragenital physical injuries

noted on the body of the subject at the time of
examination.
2) Fresh deep and shallow hymenal laceration present
Conclusion: Subject is of nonvirgin state
-From the foregoing testimony, Dr. Gundayao was
certain that AAA was subjected to sexual abuse. The
hymenal laceration inflicted on AAA was caused by
the penetration of a penis or even by a finger which
is consistent with AAA's declaration that appellant
first inserted his finger into her vagina followed by
his penis.
4. NO. The presence of seminal fluids on the
victims body is not necessary for conviction.
-The absence of seminal fluids on the victims body
does not preclude the commission of rape.
-Rape is deemed committed upon the introduction of
the penis to the labia of the pudendum, and it does
not require ejaculation. At the point where the penis
touches those parts, the crime of rape is thereby
consummated.
HELD: CA affirmed.