48
People vs. Alburo
184 SCRA 655
Jones Avenue and Colon Street
Image Source: Tripadvisor.com
Facts:
Evelyn Cantina and her friends were going home
from Abellana National High School. The driver, Ronilo Alburo – the accused,
invited the three girls to board his jeepney. Initially they declined but they
boarded soon after with Evelyn taking the front seat. When they reached the
corner of Jones Avenue and Colon Street, Evelyn was about to alight but was
prevented from doing so because Alburo threatened to raise her skirt. Her two
friends were trying to pull her out but the green light turned on and the
jeepney sped off. Her two friends realized that Evelyn was being prevented from
leaving attempted to pull her out but did not succeed. Alburo did not heed
Evelyn's plea. Instead, he pulled a knife and threatened to slash her side if
she would disembark.
Alburo stopped the jeepney.
Holding the knife, he went down from the jeepney and threateningly came close
to Evelyn. He pushed Evelyn's head against the steering wheel which rendered
the latter unconscious. When Evelyn regained her senses she found herself
without her panty anymore. Blood was on her vagina and she felt pain on her
stomach and she saw Alburo with his face close to hers, getting up from her
then raising his pants.
Issue:
Whether
or not the petitioner is guilty of the crime of forcible abduction with rape
Held:
Yes
Ratio:
The SC is not persuaded by
the theory that Appellant and Evelyn were sweethearts. In reviewing the
evidence adduced by the prosecution for this crime of Rape, we have likewise
been guided by three well-known principles, namely, (1) that an accusation of
rape can be made with facility, is difficult to prove, but more difficult for
the person accused, though innocent, to disprove; (2) that 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; and (3) that the evidence for the prosecution must stand or fall on
its own merits, and cannot be allowed to draw strength from the weaknesses of
the evidence for the defense.
Submitted by:
G-one T. Paisones
Submitted to:
Atty. Cisco Franz S. Maclang
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