Rape Notes:

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The Supreme Court is guided by the three (3) settled principles in reviewing rape cases, namely: (1) an accusation for rape can be made with facility; it is difficult to prove BUT MORE DIFFICULT for the person accused, though innocent, to disprove it; (2) in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant MUST BE SCRUTINIZED WITH EXTREME CAUTION; (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. (People v. Tacipit, 242 SCRA 241) (People v. Teves, 246 SCRA 236) (People v. Godoy, 250 SCRA 676) (People v. Florendo, 230 SCRA 599) (People v. Arnan, 224 SCRA 37) It is a fundamental principle in rape cases that evidence for the prosecution must stand or fall on its own merits and can not be allowed to draw its strength from the weakness of the defense evidence. (People v. Castillon, 217 SCRA 76) (People v. Dulay, 217 SCRA 132) The rule is that if the rapist is a married man, he cannot be compelled to recognize the offspring of the crime, should there be any, as his child, whether legitimate or illegitimate. (People v. Guerrero, (242 SCRA 606) (People v. De Guzman, 217 SCRA 395) The trial courts decision ordering accused to recognize the child of the complainant is erroneous considering that accused is a married man. Accused, however, is liable for support and damages under the Family Code. (People v. Barranco, 177 SCRA 103) View that it would be difficult to believe that the accused dared rape his granddaughter at a time when almost all of the entire family were present in the house. (People v. Balsacao, 241 SCRA 309) View that for conviction in rape cases, it is necessary that the element of voluntariness must be absolutely lacking. (People v. Trimor, 243 SCRA 129) View that it is highly incredible and contrary to ordinary human conduct and experience for a woman who has been raped to utterly forget or fail to mention the man who had raped her. (People v. Trimor, 243 SCRA 129) Where the evidence strongly suggests that the agreement among the coconspirators was to commit robbery only and there is no evidence that the other members of the band of robbers were aware of the lustful intent of one of their co-conspirators and of his consummation thereof, then only the one who committed the rape should be held responsible for the crime

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of robbery with rape. (People v. Canturia, 245 SCRA 275) (People v. Moreno, 220 SCRA 292)
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There can only be one conviction for rape if the information charges only one offense, even if the evidence shows five separate acts of forcible sexual intercourse. (People v. Vitor, p. 392; People vs. Ramos, 245 SCRA 405) (Also see People v. Namayan, 246 SCRA 646 and People v. Joya, 227 SCRA 9) In rape cases, the defense is generally faced with great difficulty in disproving an accusation. (People v. Erni, 245 SCRA 805) Unless satisfactorily explained, a considerable delay in reporting an alleged rape gives rise to doubt, as to the truth of the charges. (People v. Teves, 246 SCRA 236) One of the essential elements of rape is the use of force, violence or intimidation by the accused to copulate with the victims. (People v. Teves, 246 SCRA 236) Where a single complaint charges the accused with several crimes of rape, the accused, before entering his plea, should move to quash the complaint for being duplicitous, and if he fails to do so, he is deemed to have waived the defect and the court could convict him of as many offenses as are charged and proved. (People v. Conte, 247 SCRA 583) It is strange that even as complainant asserts sexual abuse through violence and intimidation, she did not offer any resistance when assaulted, an unlikely impulse for a woman confronted with such an affront to her honor, and it is odd that her supposed rape appears to have been punctitiously made. (People v. Sinatao, 249 SCRA 554) As to be reasonably expected, a ravished woman would instinctively call for help or at best flee from her lecherous captor to safer grounds when opportunities present themselves. (People v. Sinatao, 249 SCRA 554) The actuations of the complainant of opting to take refuge with the proximity of 30 meters from the crime scene, a place and distance easily traceable by the accused, and of making no determined effort to resist or plea for rescue at the hands of the accused are indeed inconsistent with the norms of conduct that could have been displayed by a woman whose feelings has been injured and outraged and suffering the painful mortification of her modesty and honor by ravishment. (People v. Sinatao, 240 SCRA 554)

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While it is true that denial could not stand vis--vis a positive testimony, this, however, presupposes that the testimony is credible in itself, otherwise, if all that matters in the prosecution for the crime of rape is a positive testimony, then every accusation would inevitably result in conviction even if the testimony is riddled with material inconsistencies and contradictions. (People v. Sinatao, 240 SCRA 554) There is no such composite crime as robbery in band with rape, the crime is robbery with rape, with band as a mere aggravating circumstance. (People v. Lutao, 250 SCRA 45) (People v. Precioso, 221 SCRA 748) Where the complainant alleges being manhandled, the absence of any external or physical sign of the employment of force creates a reasonable doubt as to whether she was really forced to have sexual intercourse. (People v. Cajilo, 250 SCRA 614) A most natural reaction of the complainant would have been to make an outcry immediately after the alleged danger had passed if she had been outraged. (People v. Cajilo, 250 SCRA 614) It is not the natural tendency of a man to remain long by the side of the woman he had raped, and in public in a highly populated area at that it is to be expected that the one who is guilty of a crime would want to dissociate himself from the person of his victim, the scene of the crime, and from all other things and circumstances related to the offense which could possible implicate him or give rise to even the slightest suspicion as to his guilt. (People v. Godoy, 250 SCRA 676) In rape committed through forcible means, the testimony of the complainant must be corroborated by physical evidence showing use of force. (People v. Godoy, 250 SCRA 676) Proof of facts constituting one principal element of the crime is not corroborative proof of facts necessary to constitute another equally important element of the crime. (People v. Godoy, 250 SCRA 676) The general rule that rape victims panty and blood-stained dress are not essential and need not be presented holds true only if there exist other corroborative evidence sufficiently and convincingly proving the rape charge beyond reasonable doubt. (People v. Godoy, 250 SCRA 676) Rape is a very emotional word and the natural human reactions to it are categorical, but judges, being interpreters of the law and dispensers of justice, must look at a rape charge without those proclivities and deal with it with extreme caution and circumspection, they must free themselves of

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the natural tendency to be overprotective of every woman decrying her having been sexually abused. (People v. Godoy, 250 SCRA 676)
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In rape cases, the testimony of the offended party must not be accepted with precipitate credulity. (People v. Godoy, 250 SCRA 676) (People v. Casim, 213 SCRA 390) It is a well-settled principle in this jurisdiction that in crimes against chastity, the testimony of the offended party should not be received with precipitate credulity. (People v. Graza, 196 SCRA 512) Testimony of complainant for the crime of rape must be regarded with utmost caution. (People v. Sujetado, 221 SCRA 251) The Supreme Court is not unaware that in rape cases, the claim of the complainant of having been threatened appears to be a common testimonial expedient of face-saving subterfuge. (People v. Godoy, 250 SCRA 676) While the sweetheart theory does not often gain favor with the Supreme Court, such is not always the case if the hard fact is that the accused and the supposed victim are, in truth, intimately related except that, as is usual in most cases, either the relationship is illicit or the victims parents are against it. (People v. Godoy, 250 SCRA 676) The Supreme Court takes judicial cognizance of the fact that in rural areas in the Philippines, young ladies are strictly required to act with circumspection and prudence, and that great caution is observed so that their reputation shall remain untainted. (People v. Godoy, 250 SCRA 676) In rape cases, the issue boils down to the credibility of the victim. (People v. Jaca, 229 SCRA 332) Rape is an abominable crime but there must be moral certainty of its having been committed to warrant a conviction therefor. (People v. Bostre, 230 SCRA 139) Rape is difficult to prove but more difficult for the accused to disprove. Testimony of the complainant must be scrutinized with extreme caution and evidence of prosecution must stand or fall on its own merits. (People v. Lucas, 232 SCRA 537) An accusation of rape is easy to make and difficult to disprove. (People v. Llarena, 180 SCRA 289)

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Where the identification of the accused is only derivative, not positive identification, the same is doubtful and the victims testimony, standing alone, does not satisfy that quantum of proof required to support a judgment of conviction. (People v. Frago, 232 SCRA 653) The inaction of complainants family is more consistent with the appellants claim of elopement rather than her story of abduction and rape. (People v. Sandagon, 233 SCRA 108) A romance need not be documented with love letters and other protestations in writing but may develop on oral understandings and even tacit consent without benefit of written commitments. (People v. Sandagon, 233 SCRA 108) Rape is a crime not normally committed in the presence of witnesses. (People v. Benitez, 233 SCRA 413) (People v. Adlawan, Jr. 217 SCRA 489) Where the woman appeared to have enjoyed the sexual adventure, there would be not intimidation which deprived her of reason. (People v. Canillo, 236 SCRA 22) Impotency as a defense in rape cases must be proven with certainty to overcome the presumption in favor of potency. (People v. Buhayan, 236 SCRA 330) The exacting standard of proof beyond reasonable doubt acquires more relevance in rape charges which are easy to make but harder to prove and harder still to defend by the party accused who may be innocent. (People v. Castillon, 217 SCRA 76) (People v. Bacdad, 196 SCRA 786) The well-settled rule that in the crime of rape, alleged to have been committed by force, it is essential that the element of voluntariness on the part of the victim be absolutely lacking. (People v. Castillon, 217 SCRA 76) The conduct of the victim immediately following the alleged sexual assault is of utmost importance as tending to establish that truth or falsity of the charge of rape. (People v. Castillon, 217 SCRA 76) The normal reaction would be for the victim to take flight at the first opportunity in order to avoid her tormentors. (People v. Castillon, 217 SCRA 76)

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Complainants failure to notify the authorities or at the very least, her parents about her agonizing experience also seriously affects the truthfulness of her narration. (People v. Castillon, 217 SCRA 76) It is nonetheless a well-entrenched doctrine in this jurisdiction that in crimes against chastity, the testimony of the offended party should not be received with precipitate credulity. (People v. Dulay, 217 SCRA 132) (People v. Lactao, 227 SCRA 463) The element of force must be established since appellant admitted having carnal knowledge of complainant. (People v. Dulay, 217 SCRA 132) All her contentions were in the general tenor of appellant having continuously made threats against her but which, as we have pointed out, lose veracity in light of her own proven actuations during the periods before, during and after the supposed series of rapes. (People v. Dulay, 217 SCRA 132) The Supreme Court will not hesitate to reverse judgment of conviction and acquit the accused where there are strong indications pointing to the possibility that the rape charges were merely motivated by some factors except the truth as to their commission. (People v. Dulay, 217 SCRA 132) In rape cases where the testimony of the complainant does not inspire credence, the Supreme Court has to reverse the trial courts judgment of conviction and to acquit the accused-appellant. (People v. Morre, 217 SCRA 219) Declarations of the private complainant negate her accusation that she was raped, because while she alleged that she lost consciousness, she knew the details surrounding the act complained of. (People v. Villarin, 218 SCRA 165) Allegations of Caridad are not only conflicting but also contradictory to each other on materials points. They are also contrary to human nature and experience. (People v. Villarin, 218 SCRA 165) There are circumstances which create a reasonable doubt in the Courts mind about the appellants pronounced guilt, not only as to the Elvie Desabilles narration of the manner by which the crime was committed, but also as regards her conduct subsequent to the alleged rape. (People v. Martinez, 219 SCRA 292) Absence of any injury outside the 2-year old girls private organ, as attested to by the medical certificate, indicates that the latter was not molested. (People v. Bormeo, 220 SCRA 557)

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A two and one-half year-old witness is disqualified from testifying for she was incapable of perceiving the facts respecting her ordeal and intelligently making known such perceptions or narrating them truthfully. (People v. Bormeo, 220 SCRA 557) Mere loss of virginity is not enough evidence of rape. (People v. Bormeo, 220 SCRA 557) A little girls answer of Tatay to the question: Bakit anak, bakit may dugo ang kiki mo? is not sufficient evidence the girl was raped. (People v. Bormeo, 220 SCRA 557) Uncorroborated testimony of rape victim must be clear and free from serious contradictions to sustain conviction. (People v. Minano, 220 SCRA 681) Conduct of victim immediately following the alleged assault is of utmost importance to establish the truth or falsity of the charge. (People v. Minano, 220 SCRA 681) (Same in People v. Domingo, 226 SCRA 156 and People v. Joya, 227 SCRA 9)) Delay in the prosecution of the case without reasonable explanation therefor affects the credibility of the alleged rape victim. (People v. Minano, 220 SCRA 681) Several accused in multiple rape cannot be required to recognize the offspring. (People v. Sartagoda, 221 SCRA 251) The long delay of complainant in reporting the incident created a doubt that complainant was raped by the accused. (People v. Relorcasa, 225 SCRA 59) Medical certificate is not proof of rape but of loss of virginity. (People v. Ulili, 225 SCRA 594) In resolving whether or not rape was committed, the evidence for conviction must be clear and convincing to overcome the constitutional presumption of innocence. (People v. Magpayo, 226 SCRA 13) (People v. Towaken, 213 SCRA 701) Rape is essentially an offense of secrecy, not generally attempted except in dark or deserted and secluded places away from prying eyes. (People v. Domingo, 226 SCRA 156)

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In the light of Rosalies love notes, her mothers statement of lack of interest and the seemingly immaterial inconsistencies in her testimony as to how the actual rape was committed had assumed momentous significance. (People v. Cruz, 227 SCRA 212) Complainants immediate failure to notify the authorities or her mother seriously affects the truthfulness of her narrations. (People v. Cruz, 227 SCRA 212) Delay of 205 days is disturbing and is an indication that the complaint for rape was not made in a desire to bring the culprit to justice. (People v. Cruz, 227 SCRA 212) Prosecution should have presented vital and material piece of evidence that would show the violence employed on the person of complainant. (People v. Cruz, 227 SCRA 212) There is no direct relation between the commission of rape with homicide and the petitioners office as municipal mayor because public office is not an essential element of the crime charged. (Sanchez v. Demetriou, 227 SCRA 303) It is not normal behavior for rape victim to still go out with accused and fail to reveal assault to her parents after alleged sexual abuse. (People v. Subingsubing, 228 SCRA 168) Where the offended party in cases of rape, seduction, abduction or acts of lasciviousness is a minor, the pardon must be given by both the parents and the offended party. (People v. De la Cruz, 224 SCRA 529) A person charged with rape can be convicted of qualified seduction if the latter thought not alleged in complaint appears in the victims affidavit. (People v. Subingsubing, 228 SCRA 257) To warrant the dismissal of the complaint, the victims retraction or pardon should be made prior to the institution of the criminal action. (People v. Lim, 206 SCRA 176) It is improbable for a victim of rape not to make any outcry against an unarmed rapist during and after alleged rape. (People v. Nunez, 208 SCRA 34) Discrepancy between statement by rape victim to the barangay captain and her court testimony negative her credibility. (People v. Nunez, 208 SCRA 34)

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Claim of rape negated by fact that in the morning complainant served milk to accused in the presence of her husband. (People v. Nunez, 208 SCRA 34) Filing of rape charge motivated by prior family feud. (People v. Nunez, 208 SCRA 34) Where several intercourses done were committed after the abduction there is only one crime of abduction with rape. If there was a cut-off, the subsequent rapes are separate crimes. (People v. Bacalso, 210 SCRA 206) Re-enactment of rape is not admissible where no evidence that suspect was informed of his constitutional rights was ever adduced. (People v. Luvendino, 211 SCRA 212) It is significant matter affecting a rape victims credibility that she could not exactly recall when she was raped the second time. (People v. Ignacio, 211 SCRA 796) Flip-flopping testimony of rape victim does not make her credible. (People v. Ignacio, 211 SCRA 796) Father would not rape his daughter a second time where his wife is expected home any moment. (People v. Ignacio, 211 SCRA 796) It was not for the accused-appellant to prove that he did not rape her. (People v. Ignacio, 211 SCRA 796) Proof may be submitted of alleged second rape not charges in the information if necessary to resolve credibility issue. (People v. Ignacio, 211 SCRA 796) Fact that offended party gave birth to two illegitimate children before she got married affects veracity of her rape story. (People v. Ignacio, 211 SCRA 796) Information for rape under Art. 335, Revised Penal code must specify the circumstances under which crime was committed. (People v. Race, Jr. 212 SCRA 90) Use of intimidation in rape cannot be merely inferred. (People v. Race, Jr. 212 SCRA 90)

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In the crime of rape conviction or acquittal depends almost entirely on the credibility of the complainants testimony. (People v. Soliao, 194 SCRA 250) Complainants behavior days after the alleged assault was wholly inconsistent with the charge of rape. (People v. Cuarteros, 195 SCRA 285) The prosecution has the onus probandi in establishing the guilt of the accused, and the weakness of the defense does not relieve it of this responsibility. (People v. Bacalzo, 195 SCRA 557) The differing descriptions offered by the rape victim as to the identity of the actual rapist, gave rise to a reasonable doubt as to accused Botabaras liability. (People v. Corro, 197 SCRA 121) The contradictions in the testimony of Elaine where she attempted to prove that their coition was involuntary rather than fortify the case of the prosecution served to demolish the same. (People v. Teodosio, 198 SCRA 121) While Elaine claimed she was dragged to the motel, her medical examination did not reveal any contusions to her body showing use of any force on her. (People v. Teodosio, 198 SCRA 121) Court likewise reversed judgments of conviction and acquitted the accused when there were strong indications pointing to the possibility that the rape charges were merely motivated by some factors except the truth as to their commission. (People v. Permison, 199 SCRA 635) Rowenas mother who filed the complaint has strong motive to falsely charge the appellant because there is bad blood between her and the appellant and his wife. (People v. Permison, 199 SCRA 635) Appellants denial of the charge is credible corroborated as it is by disinterested witnesses. (People v. Permison, 199 SCRA 635) Appellants immediate response to the summons of the Barangay Captain to oppose the charges imputed to him is an act consistent with innocence. (People v. Permison, 199 SCRA 635) Unexplained delay in acting on charges of rape give rise to a reasonable doubt as to the truth of the charges. (People v. Geneveza, 169 SCRA 153)

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In the crime of rape alleged to have been committed by force, it is essential that the element of voluntariness on the victim be absolutely lacking. (People v. Geneveza, 169 SCRA 153) A rape charge is easy to make, hard to prove but harder to defend by the party accused, though innocent; conviction for such crime should not be sustained without clear and convincing proof of guilt. (People v. Geneveza, 169 SCRA 153) Rape is a charge easy to make, hard to prove, but more difficult for the accused, though innocent to defend. (People v. Abonada, 169 SCRA 530) The accused-appellant did not hesitate, at the risk of his manly pride, that he did not easily have an erection during the tryst with Anita and that it took some fondling from her before his organ could respond. This was a hard and humiliating fact but it had to be admitted. (People v. Pailano, 169 SCRA 649) Accused-appellant cannot be convicted on a finding that accused had raped complainant while she was unconscious or deprived of reason, as the complaint alleged the commission of the crime by means of force or intimidation. (People v. Pailano, 169 SCRA 649) There can only be one prosecution for rape if the information charges only one offense, even if the evidence presented shows three (3) separate acts of forcible intercourse. (People v. Robles, 170 SCRA 557) If the alleged rape the day before happened as the complainant now claims, why would she allow an opportunity for its repetition on the following day under practically the same circumstances without raising hell? That, certainly, would be contrary to human nature. (People v. Ymana, 171 SCRA 174) Failure to oppose or resist the carnal act indicates consent and therefore precludes rape. (People v. Ymana, 171 SCRA 174) Evidence is wanting to corroborate the complainants testimony on the use of force by the appellant to consummate the carnal act and the resistance thereto by the complainant. (People v. Ymana, 171 SCRA 174) In crimes against chastity, the uncorroborated testimony of the complainant should not be accepted unless her sincerity and candor are free from suspicion. (People v. Ymana, 171 SCRA 174)

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The father of a rape victim cannot file a complaint on behalf of his daughter, if the latter has legal capacity to appear and institute the action. (People v. De los Santos, 172 SCRA 547) Rape is usually done with least possibility of being seen by the public. (People v. Masongsong, 174 SCRA 39) It can hardly be imagined how a man can consummate the sexual act on an unwilling woman with his left hand placed over her mouth while his right hand was holding a knife. (People v. Cabading, 174 SCRA 48) The mere attempt to rise is not the manifest resistance required and expected of a woman defending her honor and chastity. (People v. Cabading, 174 SCRA 48) Rule is that in crimes against chastity when the conviction depends on any vital point upon her uncorroborated testimony, it should not be accepted unless her sincerity and candor are free from suspicion. (People v. Aldana, 175 SCRA 635) Stephanies conduct after the alleged rape incident does not correspond with the normal reaction of a victim of this hideous crime. (People v. Aldana, 175 SCRA 635) In rape cases, the manner, form and tenacity of the resistance of the victim thereon are dependent on a number of factors, among which are: the age and size of the victim as well as the aggressor himself; the degree of actual force and intimidation employed and, utmost importance, the relationship between the rapist and his prey. (People v. Bruca, 179 SCRA 64) Alleged rape should be regarded with utmost caution and the accused should not be convicted unless the complainants testimony is impeccable and rings true throughout. (People v. Pascua, 180 SCRA 472) Rule that a victim of rape will not come out in the open if motive is not to obtain justice, is not always applicable. (People v. Pascua, 180 SCRA 472) An allegation or even any testimony that an act was done, should never be hastily accepted as proof that it was really done. (People v. Pascua, 180 SCRA 472) Prosecution for rape must be subjected to the most rigid scrutiny. (People v. Rosario, 159 SCRA 192)

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Court is not convinced that complainant offered a tenacious resistance to the alleged sexual assault. (People v. Ganduma, 160 SCRA 799) Wounds too superficial to corroborate complainants allegation that she resisted appellants sexual advances. (People v. Ganduma, 160 SCRA 799) In rape cases, testimony of complainant must be corroborated by physical evidence showing use of force. (People v. Ganduma, 160 SCRA 799) Court concluded that complainant and appellant were lovers and that the sexual act was but a product of their passions inflamed. (People v. Ganduma, 160 SCRA 799) Judgement of conviction reversed where there were strong indications pointing to the possibility that the rape charges were merely motivated by some factors except the truth. (People v. Ganduma, 160 SCRA 799) To lose control of oneself is definitely not the same as to be raped. (People v. Villapana, 161 SCRA 72) Medico-legal report cannot be given evidentiary value when not offered in evidence. (People v. Villapana, 161 SCRA 72) In crimes against chastity, testimony of the injured woman should not be accepted unless her sincerity and candor are free from suspicion. (People v. Villapana, 161 SCRA 72) The conduct of complainant immediately before, during and subsequent to the alleged rape are not those which might be reasonably expected of the victim under the circumstances. (People v. Villapana, 161 SCRA 72) Delay of complainant for six days in bringing the alleged rape to the attention of barangay captain, which was not satisfactorily explained, creates suspicion. (People v. Villapana, 161 SCRA 72) Complainants demeanor at the witness stand, smiling while testifying her harrowing experience, betrayed her insincerity. (People v. Villapana, 161 SCRA 72) Ample proof was shown that complainant and the accused were sweethearts. (People v. Villapana, 161 SCRA 72) Given their closeness to one another it is not unlikely that they lost control of themselves, as complainant herself said to have put it. (People v. Villapana, 161 SCRA 72)

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The motive of complainant in filing the rape case is the refusal of the accused to marry her. (People v. Villapana, 161 SCRA 72) Environmental circumstances of the case militates against the claim that force and intimidation were employed in the perpetuation of the sexual act. (People v. Lungayan, 162 SCRA 100) While absence of injury does not negate the experience of rape, the total absence thereof is fatal to complainants claim considering her testimony that she tried to push and kick the accused and that she struggled to resist the accused. (People v. Del Pilar, 164 SCRA 280) Failure of complainant to present during the preliminary investigation and to make mention in her sworn statement of the alleged torn shirts and panty, which are significant pieces of evidence raises grave doubts as to veracity of her testimony at the trial. (People v. Del Pilar, 164 SCRA 280) The conduct of an adult woman immediately after an assault is of utmost importance in rape cases. (People v. Del Pilar, 164 SCRA 280) Self-inflicted indignity caused by a charge of rape filed by a woman is not a guarantee of the truth of her charge. (People v. Del Pilar, 164 SCRA 280) The circumstances of time and place, in the instant case negate the commission of rape. (People v. Balares, 165 SCRA 645) Contradictory statement made by complainant as to how the alleged sexual abuse was committed create doubt on the truth and credibility of her testimony. (People v. Balares, 165 SCRA 645) Complainants narration of the alleged rape committed on her is incredible, contradictory and contrary to human experience. (People v. Balares, 165 SCRA 645) It is not improbable for private complainant to have an affair with appellant, and then claim that she was raped by him. (People v. Balares, 165 SCRA 645) The testimony of complainant in the crime of rape, to be sufficient for conviction must be clear and free from any serious contradictions, her story must be impeccable and must ring true throughout or bear the stamp of absolute truth and candor. (People v. Ramos, 167 SCRA 476)

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The conduct of the woman immediately following the alleged assault is of the utmost importance as tending to establish the truth and falsity of the charge. (People v. Mejias, 168 SCRA 33) It is quite unnatural for a girl not to reveal the assault on her virtue immediately after it has happened. (People v. Mejias, 168 SCRA 33) Complainants acts after the incident do not jibe with her story of having been raped. (People v. Mejias, 168 SCRA 33) There are a lot of inconsistencies and improbabilities in the testimony of the complainant which do not inspire belief. (People v. Mejias, 168 SCRA 33) Time and place and the very public setting of the occurrence, do not warrant the accused having committed the rape. (People v. Garciano, 150 SCRA 638) Mere fact that a second examination on the victim had to be made introduces an element of doubt. Rape examination usually made by ordinary physician only. (People v. Garciano, 150 SCRA 638) Complainants testimony defy the rational limits of human experience, the faith and credence lent to it by the Trial Court is evidently erroneous. (People v. Baderes, 153 SCRA 253) Attempted rape is not committed when the accused voluntarily desisted from performing all the acts of execution. (People v. Gavarra, 155 SCRA 327) Conviction of an accused for the serious offense of rape based alone on the turn-about testimonies of two minors, not justified. (People v. Gerapusco, 143 SCRA 614) Where the identity of the perpetrator is highly doubtful, the crime of rape is not established and key prosecution witnesses are involved in serious contradictions, the verdict of guilt cannot be sustained. (People v. Gerapusco, 143 SCRA 614) Although the uncorroborated alibi of the accused is weak, the prosecutors evidence has so many loose ends, specifically pointing to the moral looseness of the alleged victim of rape, her uncaring attitude and those of her parents, etc. as to render conviction doubtful. (People v. Tempongko, Jr. 144 SCRA 583)

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Where victim testified that her panty was rolled down only up to her knees and that the accused rolled it down with one hand while pointing a dagger with the other, such evidence is insufficient to convict accused of rape. (People v. Bania, 134 SCRA 347) Evidence of accused that the reason why the complainant charged him with rape was because her 4-year old child was awakened during the sexual congress and complainant became frightened is credible. A 4-year old child is old enough to ask questions regarding his mother having sex with another man. (People v. Bania, 134 SCRA 347) Complainants conduct of voluntarily following appellant out of the house and thereafter returned to the house where they copulated a second time, runs counter to the ordinary pattern of human reactions. (People v. Mendoza, 137 SCRA 492) Failure of complainant to immediately reveal the rape incident to relatives and friends because of alleged threats from appellants cast doubt on complainants story. (People v. Mendoza, 137 SCRA 492) Aphorism that evidence to be believed must not only proceed from the mouth of a credible witness but must be credible in itself. (People v. Mendoza, 137 SCRA 492) Conviction for rape based on the uncorroborated testimony of the complaining woman requires that her story should be carefully examined and weighed. (People v. Mendoza, 137 SCRA 492) The uncorroborated testimony lacks that ring of sincerity and candor necessary to overturn the constitutional presumption of innocence. (People v. Mendoza, 137 SCRA 492) Absence of manifest resistance by complainant against the alleged rape is fatal to her cause, as the accused was not armed with any weapon and that he was a small man. (People v. Lao, 137 SCRA 523) Standard of manifest resistance required and expected of a woman defending her honor and chastity. (People v. Lao, 137 SCRA 523) Failure of complainant to reveal the rape incident until after she was six month pregnant engenders doubt as to the commission of the rape. (People v. Lao, 137 SCRA 523) Consent of complainant to sexual act proved by fact that accused and complainant never changed their attitude towards one another after the alleged rape. (People v. Lao, 137 SCRA 523)

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Letter of apology by accused does not prove commission of rape. (People v. Lao, 137 SCRA 523) Conviction or acquittal depends almost entirely on credibility of complainant in chastity cases. (People v. Olalia, Jr. 128 SCRA 139) The above narration of events by complainant does not strike us as positively credible, probable, and entirely in accord with human experience. (People v. Olalia, Jr. 128 SCRA 139) Complainants testimony that the persons who saw her being abused did not even lift a finger challenges ones credibility. (People v. Olalia, Jr. 128 SCRA 139) Failure of complainant to report immediately to relatives abuse done on her person puts her testimony in doubt. (People v. Olalia, Jr. 128 SCRA 139) Fact that some force had to be employed to have the door at victims house opened, but not a sound was heard by its inmates and fact that victim did not raise an outcry after alleged rape, render doubtful the complainants testimony. (People v. Bihasa, 130 SCRA 62) Absence of outcry on the part of prosecution witness despite seeing a half-naked man with a knife coming out of complainants room and despite having seen the latter naked engender doubt on said witness credibility. (People v. Bihasa, 130 SCRA 62) It is strange that father of victim instead of being outraged would offer her daughter in marriage to appellant. (People v. Bihasa, 130 SCRA 62) Abuse of superior strength is not aggravating as it is inherent in the crime of rape and in the absence of evidence that the accused purposely sought to facilitate the commission of the crime. (People v. Saylan, 130 SCRA 159) A judgment of conviction for the crime of rape cannot be based on the testimony of the offended party alone unless such testimony is clear, positive, and convincing, or supported by other undisputed facts and strong circumstantial evidence disclosed by the record. (People v. Royeras, 130 SCRA 259) Findings of lower court will be disregarded on appeal where it overlooked certain facts of substance and value that if considered would affect the result of the case. (People v. Royeras, 130 SCRA 259)

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Complainants version that appellant took advantage of her in her house right before the very eyes of her brother, is incredible. (People v. Royeras, 130 SCRA 259) If complainant really made cries for help, she would surely have been heard by her neighbors and relatives. (People v. Royeras, 130 SCRA 259) It is contrary to human experience that a person, after having raped her drinking companions 15-year old daughter would return to continue the drinking spree and for the girls father to go to sleep before reporting the incident. (People v. Royeras, 130 SCRA 259) Lack of external injuries negate rape where complainant testified she was dragged out of her house and lacerations on her vagina found to be old ones. (People v. Royeras, 130 SCRA 259) Admission of prior intercourse with appellant and fact that filing of rape complaint instigated by girls father render doubtful the truth thereof. (People v. Royeras, 130 SCRA 259) The 11-year old complainant in employing the word rape in her testimony does not appear to have understood its meaning. (People v. Acilar, 130 SCRA 363) An 11-year old girl would not likely forget the manner of consummation of a sexual act if it were so consummated. . (People v. Acilar, 130 SCRA 363) Testimony of young complainant that after undressing himself kissed her and placed himself on to of her more plausible than her testimony that accused inserted his penis into hers which the Fiscal elicited only after much difficulty. . (People v. Acilar, 130 SCRA 363) Complainants testimony that accused simply placed himself on top of her more consistent with medical findings that there was no sexual intercourse. . (People v. Acilar, 130 SCRA 363) Rule that opinion of doctor cannot prevail over testimony of girl that she was raped does not apply where the circumstances were such that doctor could not have failed to detect commission of rape, if such took place. . (People v. Acilar, 130 SCRA 363)

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Testimony of complainants mother that she saw push and pull movement of body of accused on top of her daughter is doubtful and might have been coached. . (People v. Acilar, 130 SCRA 363) Failure of complainant to shout during all the time she and accused stayed in the house she was brought despite the fact that outside help was available nearly renders doubtful her charge of rape. (People v. Loredo, 131 SCRA 173) Absence of showing of any force employed by accused or resistance from complainant in the perpetuation of the sex act belies rape charge. (People v. Loredo, 131 SCRA 173) Allegation of rape belied also by prosecutions evidence itself that complainant consented to the realization of the sexual act. (People v. Loredo, 131 SCRA 173) Act of crying by complainant due not because she was coerced into that act but due to the size of accuseds penis which hurt her when it entered her sex organ. (People v. Loredo, 131 SCRA 173) There is no rape where no force was used to commit the sexual act. (People v. Lopez, 131 SCRA 548) There is no rape where no force or intimidation where 13-year old girl merely obeyed what she was told by accused. (People v. Lopez, 131 SCRA 548) Lack of cry for help render charge of rape doubtful. (People v. Lopez, 131 SCRA 548) The ulterior motive for filing rape complaint was even testified to by grandmother of complainant as arising from a grudge. (People v. Lopez, 131 SCRA 548) Lack of outcry from victim of rape after the offender had left the place contributes to render doubtful offended partys testimony. (People v. Estacio, 111 SCRA 537) It is very unnatural that a wife would have sexual intercourse with her husband barely two hours after the alleged raping incident. (People v. Estacio, 111 SCRA 537) Due to the severity of the penalty for rape, judges should exercise extreme care in analyzing conflicting testimony in rape case. (People v. Estacio, 111 SCRA 537)

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Failure of husband of alleged rape victim to confront the accused, a neighbor, about alleged rape committed by the accused is another factor that renders doubtful the prosecutions case. (People v. Estacio, 111 SCRA 537) Belated and uncertain identification of accused belies the truth of the rape charged against him. (People v. Estacio, 111 SCRA 537) It taxes ones credibility to believe that accused would slip away for three minutes from the store where raped victims husband also was and rape the latters wife in the said space in three minutes. (People v. Estacio, 111 SCRA 537) Ulterior motive of complainant in filing the said rape charge is given weight under the circumstances . (People v. Estacio, 111 SCRA 537) Trial of rape case by several successive judges may explain the judgment of conviction below as against Supreme Courts finding that appellant is innocent of rape charges. (People v. Estacio, 111 SCRA 537) The loss of physical virginity of a woman, as further testified to by the physician, can be attributed either to the insertion of a blunt instrument or male organ into the vagina or by a woman being an athlete, like riding a bicycle, running fast and playing volleyball. In her direct testimony, the complainant admitted that she played volleyball, rode a bicycle, and was a runner. (People vs. Andino, 113 SCRA 531) Failure of complainant to report alleged rape to her family and relatives nor shown rancor against the accused destroys her credibility. (People vs. Monsalud, 114 SCRA 191) Charge of rape not proven due to the absence of physical violence on victims body and contrary to human experience and conduct that the crime of rape would be committed amidst a multitude of people. (People vs. Andino, 113 SCRA 531) Sexual intercourse for 3 times in 30minutes, without consent of victim is not believable. (People vs. Monsalud, 114 SCRA 191) Medical finding which disclosed absence of violence negate charge of rape. (People vs. Apat, 114 SCRA 620) It is not compatible with human experience that after a man rapes a woman he would still rob her house of P200.00. (People vs. Apat, 114 SCRA 620)

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Non- presentation of the scabbard allegedly left by the accused, during the preliminary investigation, failure to prove its ownership, and the fact that said scabbard could have been left by the accused as he left hurriedly the house of the woman when the latters was awakened which is compatible with defenses claim that accused and complainant are lovers, render the charge of rape doubtful. (People vs. Apat, 114 SCRA 620) Where one hand of alleged rapist is on the womans mouth and the other hand was holding a knife, it is unimaginable how he could remove the womans pantie, unbotton his pants and spread her legs. (People vs. Apat, 114 SCRA 620) Failure of alleged rape victim to make an outcry despite fact that outside help was available nearby renders guilt of accused doubtful. (People vs. Apat, 114 SCRA 620) Veracity of testimony of alleged rape victim deterred by failure testimony of accused that they were lovers giving specific dates and instances of their trysts. (People vs. Apat, 114 SCRA 620) The charge of rape cannot stand where complainant and accused are sweethearts, had been seen kissing each other, and circumstances show that sexual intercourse was the product of passions inflamed. (People vs. Gabilan, 115 SCRA 1) In rape cases, the prosecution must rely on the strength of its evidence rather than on the weakness of the defense evidence. (People vs. Ramirez, 116 SCRA 48) Complainant was 50 years old at the time of the incident, whereas appellant was only 22. It is hard to believe that a man of his age who is single would fall in love for a woman who could be his mother and already living with a common-law-husband. It is more likely that it was complainant who fell in love with appellant. (People vs. Ramirez, 116 SCRA 48) It is hard to imagine how the rape could have been perpetrated against the complainant who declared that she was forced to lie down by pinning both her hands and while in that position appellant was able to manage to raise her skirt, spread her legs unbotton his pants, and perform the sexual act. (People vs. Ramirez, 116 SCRA 48) The evidence of rape in this case, at most circumstantial has not overcome the presumption of innocence. (People vs. Gabiana, 117 SCRA 260)

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Failure to state that she was raped although the offended victim testified she found a whitish substance after she regained consciousness, and failure to identify alleged rapist until nine days after the event render doubtful the guilt of the accused. (People vs. Gabiana, 117 SCRA 260) Rupture of hymen of woman may be due to a fall, contact with a hard object, by a bicycle, horse riding or sexual contact. (People vs. Pon-an, 117 SCRA 334) It is abnormal and unnatural for a young college student to rape a woman at 2:00 oclock in the afternoon who is having her menstruation, and to do so with the help of his sister. (People vs. Leones, 117 SCRA 382) It is quite absurd for a sister to conspire with her brother to rape another. (People vs. Leones, 117 SCRA 382) It is unbelievable that a woman, who said she felt unconscious after she was forced to take a drug, would know what was happening while she was allegedly being raped. (People vs. Leones, 117 SCRA 382) Character of private complainant as a woman of loose morals sufficiently evidence. (People vs. Leones, 117 SCRA 382) Since the headache and dizziness of the complainant started on the 24th while accused began serving her coffee only on the 25 th, to attribute said headache and dizziness to the coffee served by the accused would be to postulate the existence of the effect ahead of the cause (People vs. De la Cruz, 117 SCRA 672) It is not natural that a person if he indeed raped another, will stay with her in the girls boarding house and for the girl not to complain after her landlady saw them together. (People vs. De la Cruz, 117 SCRA 672) Prosecutions evidence that complainant was forced to go with the accused negated by complainants letter objecting to appellants having to leave again. (People vs. De la Cruz, 117 SCRA 672) Rape negated by complainants letter calling appellants mother Nang or Mother. (People vs. De la Cruz, 117 SCRA 672) Complainants testimony in rape cases should be examined with painstaking care. (People vs. Romero,Jr., 117 SCRA 897) Victims declaration to the police that she was unconscious when raped and her testimony in court that she was fully awake when raped render

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her testimony of doubtful credibility. (People vs. Romero,Jr., 117 SCRA 897)
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It is hardly credible for a young Filipina maiden to regain her composure a few minutes after alleged rape as if nothing happened to her chastity. (People vs. Romero,Jr., 117 SCRA 897) Silence of alleged rape victim for eight months renders doubtful the truth of her charge. (People vs. Romero,Jr., 117 SCRA 897) Appellant and complainant later took a jeepney ride from Pasay City to Binan, Laguna. This does not square with claim that she was forcibly taken to and raped in Pasay City, could not have been done without her consent. (People vs. Montez, 118 SCRA 124) Complainants sleeping in the same room as appellant in the house of their officemate in the province, after she was allegedly abducted and raped in Pasay City, could not have been done without her consent. (People vs. Montez, 118 SCRA 124) Immediate arrangement of a marriage upon arrival of complainants father indicates that the couple eloped. (People vs. Montez, 118 SCRA 124) Evidence shows that complainants father who is an Iglesia ni Cristo could not take appellant into his family for not being an INC member and so he decided to frustrate the marriage with a complaint for rape. (People vs. Montez, 118 SCRA 124) Contusions on the right arm and lapse (thigh) of alleged rape victim not usual place where such injuries would occur if she were really boxed before she was raped. (People vs. Montez, 118 SCRA 124) While our society abhors rape, it also abhors the filing of a rape case by a woman actually maintaining an illicit relationship with the accused as a closer examination of her conduct shows. (People vs. Pimentel, 118 SCRA 695) Filing of rape complaint after about six weeks from alleged date of abuse creates doubt on its credibility. (People vs. Pimentel, 118 SCRA 695) Testimony of doctor that complainant could already have had two or three sexual experience creates doubt on rape charge. (People vs. Pimentel, 118 SCRA 695) Finding of existence of old lacerations on vaginal orifice of the new victim, before commission of the alleged rape and absence of new laceration

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indicate absence of rape, even if examination of victim was conducted on the fourth day after the alleged rape. (People vs. Francisco, 105 SCRA 516)
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Failure of complainant to report incident to anyone until after the accused had revealed the incident to her uncle, is contrary to human nature and ordinary conducted on the fourth day after the alleged rape. . (People vs. Francisco, 105 SCRA 516) Trial court erred in considering the alleged broken umbrella of the complainant as positive proof of force employed in the sexual intercourse where such umbrella was never adduced in evidence. (People vs. Relacion, 95 SCRA 369) In rape case, the law in testimony of complainant must be corroborated by physical evidence showing use of force. (People vs. Relacion, 95 SCRA 369) Where medical findings showed no evidence of fresh hymenal lacerations, the weakness of the prosecutions case may be apparent. (People vs. Relacion, 95 SCRA 369) Even testimony of doctor shows that the alleged injuries on the alleged victim of rape were not inflicted on the day they were allegedly made as declared to by the complaining witness. (People vs. Arciaga, 98 SCRA 1) Facts that complainant was taken in an open jeep in broad daylight and passed through various towns of Rizal and she was not allegedly raped till 7:00 oclock p.m. create doubt on the guilt of the accused (People vs. Arciaga, 98 SCRA 1) Fact that offended girl stayed in Sta. Maria, Laguna for 8 days without doing anything about her alleged predicament creates doubt on culpability of accused for abduction with rape. (People vs. Arciaga, 98 SCRA 1) Inconsistency of declarant on how many times she had intercourse with the accused as affecting her credibility. (People vs. Arciaga, 98 SCRA 1) In rape cases, the absence of any manifestation of outrage on the part of the party aggrieved demonstrate the dubiousness of the charge. (People vs. Arciaga, 98 SCRA 1) Where the version of the prosecution and the defense in a charge of abduction with rape are contradictory, corroboration of material events must be applied to overcome the presumption of innocence. (People vs. Arciaga, 98 SCRA 1)

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Victim of alleged rape found to have proclivity for giving false testimony as to the dress that was allegedly torn and bloodstain was clean and untorn. (People vs. Arciaga, 98 SCRA 1) Where writing characteristics of sentence offended girl wrote in the letter was allegedly forced to write to her parents by her abductors were legibly better than those she wrote, when asked in court, the alleged force practiced on her is of doubtful credibility. (People vs. Arciaga, 98 SCRA 1) Rule in U.S. vs. Ramos, sufficiency of the testimony of a victim as to the commission of rape, is not an obsolete rule. (People v. Lat, 99 SCRA 297) In crimes against chastity conviction or acquittal depends almost entirely on the credibility of complaining witness. (People vs. Bardaje, 99 SCRA 388) Physical evidence is of the highest order. The medical findings showed no evidence of external injuries disproving what complainant testified to that she was dragged from the house, thus rendering her credibility in doubt. (People vs. Bardaje, 99 SCRA 388) It is impossible that complainant could have been raped by the accused inside a small room occupied by a woman and two children and in a small hut where the owner, his wife and seven children are all particularly where allegedly the appellant with five other persons residing therein. (People vs. Bardaje, 99 SCRA 388) A Girl of tender age may be confronted with a situation wherein she could not admit to her parents that she actually eloped with appellant. (People vs. Bardaje, 99 SCRA 388) Case of rape of a young girl is approached differently from a case of rape of an adult woman. (People vs. Hayag, 101 SCRA 67) Conduct of a woman immediately after an assault is of utmost important in rape cases. (People vs. Hayag, 101 SCRA 67) Lack of tenacious resistance on the part of Esperanza Ranga, her delay in reporting the alleged rape to her mother and the absence of an immediate medical examination of her private organ are circumstances creating reasonable doubt as to the commission of rape. (People vs. Hayag, 101 SCRA 67)

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