49
People vs. Godines
196 SCRA 765
Facts:
The victim Estehr Ancajas,
was sleeping/staying at one of the houses of Alejandro Vilaksia and she was
awakened by a commotion from one of the adjacent room which were occupied by
Vilaksi and his wife Milagros. She saw the accused talk to the couple and
Godines hacked Milagros and took some money from them while co-accused Moreno
stood by as look out. Complainant attempted to escape with her small child but
the defendants caught her. They dragged her outside and as they forcibly
brought her to a vacant lot they simultaneously fondled her private parts. When
they arrived at the vacant lot, they took turns in having carnal knowledge with
her while the other one was holding the small child.
The appellants insist that
there are no conclusive medical findings that the complainant had indeed been
raped.
Issue:
Whether
or not the crime of rape was committed
Held:
Yes.
Ratio:
A medical examination is not
an indispensable element in a prosecution of rape. Further, the defense of
alibi cannot prosper because the distance between the alleged whereabouts of
the appellants at the time of the commission of the crime and the scene of the
crime itself may be easily negotiated by ordinary means and in light of the
positive identification of the accused as the authors of the crime.
Submitted by:
G-one T. Paisones
Submitted to:
Atty. Cisco Franz S. Maclang
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