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People v Yparraguirre "x x x Physical examination externally no abnormal

findings;
FACTS: Pelvic examination -- normal vagina with old laceration
found at 2:00 [position]; hymen not intact;
Crispin Yparraguirre was charged with the crime of Internal examination -- admits one finger;
rape and that the prosecution was able to establish Advised for pregnancy test and for consultation by [sic]
the following facts: psychiatrist.

1. That AAA (name not revealed) was a house- Upon the Municipal Health Officer's advice, AAA
maid of Crispin and his wife (medyo magulo was confined at the Davao City Mental Hospital for
pagkakasulat kahit maikli, kasi may Mary observation and treatment. After a week of treat-
Ann Yparraguirre later na sabi ng decision ment, AAA began to talk and revealed that she was
was his wife) and the incident happened raped by Crispin
when she was cooking porridge for their two
children. Accused-appellant pled not guilty to the crime
2. Crispin went home from work and gave AAA a charged. He claimed that on the night of the al-
small envelope containing medicine for her leged rape he was selling fish at the public mar-
skin disease because AAA was afflicted with ket. Allegedly, he was at the market at 4:00 in the
rashes on her thighs and stomach allegedly morning, and worked straight until 8:00 in the even-
contracted from one of her children said enve- ing. He never left the fish stall until after 8:00 in the
lope contained 15 tablets evening because of his many customers.
3. Crispin told AAA that she should take all the
tablets but after doing so, she felt weak and TRIAL COURT
fell down and was later on dragged by Crispin The trial court found accused-appellant guilty and
to their bed and when she resisted a hunting sentenced him to reclusion perpetua. It also or-
knife was pointed at her neck. After Crispin dered him to indemnify AAA P50,000.00 as moral
had carnal knowledge of her, he punched AAA damages and pay P5,000.00 as attorney's fees,
and thus she lost her consciousness. thus:
4. AAA woke up and saw blood in her private
parts. Crispin threatened her that he would kill ISSUE:
her if AAA reports the incident. AAA eventually 1. WON the court erred in holding Crispin guilty of
left the house and did not say a word about the the crime of rape solely on the admission of AAA?
incident. She continued serving the Yparra-
guirres for one month before leaving them to 2. WON the court erred in holding that Mary Ann
return to her mother's house in Barrio Yparraguirre went to the mother of AAA to negoti-
YYY. Her mother found AAA in a state of ate compromise even though at that time no crimi-
shock. nal complaint was made?
5. She could not eat nor talk, neither could she
perform ordinary daily functions such as HELD:
dressing herself. She was brought to the Mu-
nicipal Health Officer for examination. Munici- 1. NO. THE ADMISSION WAS SUFFICIENT. After
pal Health Officer, Dr. Imelda T. Bendijo, inter- reviewing the records, we find that the prosecution
viewed the girl and found her unresponsive evidence, which rests mainly on the testimony of
and unable to talk. She conducted a physical AAA, is credible, reliable and trustworthy. AAA tes-
examination and also found that: tified in a straightforward, spontaneous and candid
manner and never wavered even on cross-exami- was merely a ten-minute walk from their
nation and rebuttal. rented room and during work breaks, appellant
would sometimes go home to bring food to his chil-
The inconsistencies in her testimony are minor dren.
which tend to buttress, rather than weaken, the
conclusion that her testimony was not contrived. 2. NO. There is evidence in trial that AAA revealed
the rape incident to her mother and Mary Ann Ypar-
The question of whether AAA contracted the skin raguirre offered AAA’s mother 15 K then eventuall
disease from the children of appellant is not im- 25 k after the refusal of the latter but was still re-
portant. The undisputed fact is that she was af- fused. BBB, AAA’s mother, told Mary Ann about
flicted with the disease and that appellant gave her the rape incident which prompted the offer based
tablets for treatment of the disease. Appellant's al- from Mary Ann’s testimony.
legation that AAA should have fallen asleep for
hours after ingesting the tablets is speculative. An offer to compromise does not require that a
criminal complaint be first filed before the offer
There is no evidence that the tablets were sleeping can be received in evidence against the offeror.
tablets. They, however, weakened AAA and pre- What is required is that after committing the crime,
vented her from making any resistance to appel- the accused or his representative makes an of-
lant's lewd acts. The delay in filing the complaint fer to compromise and such offer is proved.
does not in any way affect AAA's credibility. She
was afraid of appellant's threat to her life. The
complaint was filed three months after AAA told her
mother of the incident, and three months is not too
long a period to file a complaint for rape.

AAA was a seventeen-year old barrio lass and a


high school dropout. She was also the breadwin-
ner of the family. It is hard to believe that AAA
would fabricate a story of defloration, open herself
to public trial and place her family, who depended
on her, in a very humiliating and compromising sit-
uation for no reason at all. AAA suffered psycho-
logically from the incident. Before the rape, she
had been working for the Yparraguirres for
two months and the spouses actually found her to
be a good worker. When AAA returned to her fam-
ily, however, she lost her speech and could not per-
form ordinary daily functions that she had to seek
psychiatric treatment. Indeed, AAA's psychologi-
cal condition could not have been the product of ill-
motive and fabrication.

The positive identification of accused-appellant as


the rapist prevails over his defense of alibi. It was
not physically impossible for appellant to have
been at the scene of the crime. The public market

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