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Salvacion Pablo (15yo) seated on a bed alone, sewing her shorts with only her partines and blouse

on was approached by the accused Ernesto Lopez. He then sat near her. SHe did not ask him to leave beca she saw nothing unusual. Shortly thereafter he pushed her down, touching her breasts in the process. Then he placed himself on top of her, with one of his hands being pressed against her throat, thus rendering ineffectual her resistance to his efforts to have sexual intercourse.6 The act of coition then took place . According to her, coital action took time. On cross-examination, in what could have been an unguarded moment, there was an admission by her that the urgencies of the flesh on the part of both of them did find release and satisfaction. [People vs. Lopez, 74 SCRA 205(1976)] She was, from her own account, equally serene, no tears shed, not even a word of recrimination.9 [People vs. Lopez, 74 SCRA 205(1976)] She got pregnant. Marriage was opposed by the mother of the accused because they were first cousins despite of the willingness on both of them. ISSUE: WON the guilt of accused was established based on the testimony of the rape victim herself HELD: NO. Presumption of innocence; Necessity of proof of guilt beyond reasonable doubt.The accused has in his favor the presumption of innocence. That is a mandate of the fundamental law. It may be noted that ever, when the previous Organic Act did not so provide, a defendant, according to the early case of United States vs. Asiao, decided in 1902, with Justice Torres as ponente, must be presumed to be innocent until [his] guilt is proven by satisfactory testimony and even in case there is a reasonable doubt as to [his] innocence [he is ] entitled to acquittal. Criminal law: Rape; Necessity of allowing compulsion resorted to or coercion, being employed.Where the offense charged is rape through force, there must be a showing of compulsion being resorted to and coercion being employed. The element of voluntariness must be lacking. If there be an indication of willingness, even if half hearted, the complaint must be dismissed. [People vs. Lopez, 74 SCRA 205(1976)] 1. Salvacion's act runs counter to the usual behavior of a rape victim. --> she did not tell her father immediately the incident nor reported the same to the police authorities. she only did so after 4 months, only when her aunt noticed her being pregnant.

2. Though in rape case, the single testimony of the rape victim is the strongest evidence, it should be corroborated by physical acts: ex. finger grips, contusions on her throat, face, body, arms and thighs as well as thorn in her garments particularly the panties worn by the victim to prove force and violence. In the case at bar, non of such acts were introduced. note: no torn on her panties because she removed it freely -- meaning she did not resist 3. She did not object when he saw him inside her room with just her panties and blouses on. - no sign of apprehension, no covering of the lower part of her body. 4. did not make any outcry for succor. 5. Act was not in hurry - appellant first removed his pants instead of just unbottoning the same WHEREFORE, the decision of the lower court of October 9, 1975, convicting the accused Ernesto Lopez of the crime of rape is reversed, without prejudice to the appropriate action for support of the child that was the result of the sexual act committed on January 14, 1972. No costs. [People vs. Lopez, 74 SCRA 205(1976)]