Module 6 - VIRGINITY & RAPE
her ascendant, regardless of her age or reputation.
By the end of the module, the students should be able to:
1. Explain the different forms of virginity
2. Discuss how virginity can be proven and relate it with
the gynaecological report
3. Discuss the cases of U.S. v. Pablo Suan, G.R. No. L-9201,
March 3,1914; U.S. v. Pedro Alvarez, G.R. No. 881, August
30, 1902.
4. Discuss the medical evidences of rape and identify the
major stages of the Rape Trauma Syndrome
5. Explain the main features of the Anti-Rape Law of 1997
as well as the Rape Victim Assistance and Protection Act
of 1998
6. Discuss the medical evidences of rape in People v
Vallejo, G.R. No. 144656. May 9, 2002 and People v. Perez,
G.R. No. 182924, Dec. 24, 2008
———
1. VIRGINITY
1.1. Crimes relating to virginity
1.1.1. Qualified Seduction
Art. 337. Qualified seduction. — The seduction of a virgin
over twelve years and under eighteen years of age,
committed by any person in public authority, priest,
home-servant, domestic, guardian, teacher, or any
person who, in any capacity, shall be entrusted with the
education or custody of the woman seduced, shall be
punished by prision correccional in its minimum and
medium periods.
The penalty next higher in degree shall be imposed upon
any person who shall seduce his sister or descendant,
whether or not she be a virgin or over eighteen years of
age.
Under the provisions of this Chapter, seduction is
committed when the offender has carnal knowledge of
any of the persons and under the circumstances
described herein.
Elements:
(1) That the offended party is a virgin, which is presumed
if she is unmarried and of good reputation;
(2) That the she must be over 12 and under 18 yrs. Of age;
(13-17 years 11 months 29 days)
(3) That the offender has sexual intercourse with her;
(4) That the there is abuse of authority, confidence, or
relationship on the part of the offender.
Seduction - enticing a woman to unlawful sexual
intercourse by promise of marriage or other means of
persuasion without use of force. It applies when there is
abuse of authority (qualified seduction) or deceit (simple
seduction).
Two classes of Qualified Seduction:
(1) Seduction of a virgin over 12 years and under 18 years
of age by certain persons such as, a person in authority,
priest, teacher or any person who, in any capacity shall
be entrusted with the education or custody of the
woman seduced.
(2) Seduction of a sister by her brother, or descendant by
Virgin - a woman of chaste character and of good
reputation. The offended party need not be physically a
virgin.
If there is no sexual intercourse and only acts of lewdness
are performed, the crime is acts of lasciviousness. If any of
the circumstances in the crime of rape is present, the
crime is not to be punished under Art. 337.
The accused charged with rape cannot be convicted of
qualified seduction under the same information.
Offenders in Qualified Seduction:
1. Those who abused their authority: (PaG-TE/C)
a. Person in public authority;
b. Guardian;
c. Teacher;
d. Person who, in any capacity, is entrusted with
the education or custody of the woman
seduced.
2. Those who abused confidence reposed in them:
(PHD)
a. Priest;
b. House servant;
c. Domestic
3. Those who abused their relationship:
a. Brother who seduced his sister;
b. Ascendant who seduced his descendant.
 “Domestic” - a person usually living under the same
roof, pertaining to the same house.
 Not necessary that the offender be the teacher of
the offended party; it is sufficient that he is a teacher
in the same school.
 Qualified seduction may also be committed by a
master to his servant, or a head of the family to any
of its members.
 Qualified seduction of a sister or descendant, also
known as INCEST, is punished by a penalty next higher
in degree.
 The age, reputation, or virginity of the sister or
descendant is irrelevant. The relationship need not be
legitimate.
1.1.2. Consented abduction
Art. 343. Consented abduction. — The abduction of a
virgin over twelve years and under eighteen years of age,
carried out with her consent and with lewd designs, shall
be punished by the penalty of prision correccional in its
minimum and medium periods.
Elements:
(1) Offended party is a virgin ;
(2) She is over 12 and under 18 yrs. of age;
(3) Offender takes her away with her consent , after
solicitation or cajolery from the offender;
(4) The taking away is with lewd designs .
 Purpose of the law - Not to punish the wrong done to
the girl because she consents to it, but to prescribe
punishment for the disgrace to her family and the
 alarm caused by the disappearance of one who is,
by her age and sex, susceptible to cajolery and
deceit.
 If the virgin is under 12 or is deprived of reason, the
crime is forcible abduction because such is
incapable of giving a valid consent. The taking away
of the girl need not be with some character of
permanence. Offended party need not be taken
from her house.
 When there was no solicitation or cajolery and no
deceit and the girl voluntarily went with the man,
there is no crime committed even if they had sexual
intercourse.

Comparison:

1.2. Forms of virginity

The Hymen
The hymen is a piece of skin covering the vaginal
opening in females. In about the 3rd or 4th month of
pregnancy, the hymen in female fetuses begins to form. It
remains intact until it is broken by most often sexual
intercourse.

The hymen can also be broken by activity or the insertion

of something (e.g. tampon) into the vaginal canal. The
hymen may stretch on its own or even rupture, during
growth and development and be non-existent once a
female reaches full-maturity. For this reason, it is almost
impossible to use this to see if a female is a virgin or not.

When the hymen ruptures, there may be bleeding and

pain. If the rupture was not due to first time sexual
intercourse, a small rupture may heal back to its normal
state. The hymen tends to be thinner in children and
thickens at the onset of puberty due to hormonal
changes.

Heavy petting (getting the penis too near the vaginal

opening) without intercourse can cause pregnancy. Thus,
pregnancy can occur even if the hymen is not ruptured,
as the semen can still travel up the vagina.
 2. Microperforate Hymen – The hymen almost completely
closes off the vaginal opening. Menstrual blood is able to
flow out, but a virginal female may not be able to use
tampons.

3. Septate Hymen – One hymen is split into two openings

over the vagina. This condition also does not stop
menstrual blood flow, but can block the use of tampons
in virginal females.

The hymen is located in between the two-folds of the

vulva. It does not actually “cover” the opening of the
vagina, but creates folds that cause the opening to be
very small. As a female grows, the folds of tissue open up,
stretch and may even tear during activity.

Different Types of Hymen

1. Imperforate Hymen – The hymen completely covers the

opening to the vagina. This condition usually goes
undiagnosed until a girl enters puberty and her first period
and the blood cannot flow out.

Surgical Repair of the Hymen

Hymen surgery can be done for a few reasons, either to

repair a broken hymen or removing extra hymen tissue
that blocks the vaginal opening. In recent times, there
has been an increased in hymen repair surgeries. Since
there is a trend in pre-marital sex in recent times, many
women have chosen to have it repaired prior to
marriage.
Here are the different types of surgery:

1) Hymenoplasty – This is essentially a cosmetic surgery

performed to repair a broken hymen for personal reasons.
The hymen is surgically reclosed to cause bleeding upon
sexual intercourse. Some people may choose to do this
for personal reasons or out of necessity due to spiritual
beliefs. It can also be performed after cases of rape.
2) Hymenectomy – This is the surgical procedure used
to open a hymen that is imperforate, Microperforate or
Septate. Usually an anatomically correct hymen can be
stretched and broken during first intercourse or tampon
use without too much trauma. The concern is that there is
an artery that runs along the side of the hymen and can
cause major bleeding. Having a Hymenectomy can
decrease the risk of bleeding and allow fluids to leave the
vagina easier.
h) Hymen intact and all signs of virginity are there.
B. Virginity Test
A virginity test is the practice and process of determining
whether a girl or woman is a virgin; i.e., whether she has
never engaged in sexual intercourse. The test involves an
inspection of the hymen, on the assumption that it can
only be torn as a result of sexual intercourse.

C. Two-finger test (TFT)

Stretching the Hymen
The process of virginity testing varies by region. In areas
where medical doctors are readily available, such as
Some women may choose to attempt stretching it to
Turkey before the country banned the practice, the tests
make first intercourse more pleasurable. The following are
will often be given in a doctor's office However, in
some activities that help stretch the hymen:
countries where doctors are not available, testers will
often be older women, or whoever can be trusted to
 Placing a lubricated finger against the hymen gently search for a hymen. This is common among African tribes
 Vigorous exercise (sports like horseback riding, that perform the test
motorcycle riding and dancing are infamous for
rupturing the hymen) Another form of virginity tests involves testing for laxity of
 Tampon use vaginal muscles with fingers (the "two-finger test"). A
doctor performs the test by inserting a finger into the
female's vagina to check the level of vaginal laxity, which
Source: is used to determine if she is "habituated to sexual
http://www.healthresource4u.com/hymen-definition- intercourse" However, the usefulness of these criteria has
location-pictures-repair-broken-hymen-surgery- been questioned by medical authorities and opponents
hymen.html of virginity testing because vaginal laxity and the
absence of a hymen can both be caused by other
factors, and the "two-finger test" is based on subjective
observation. In virginity tests, the presence of a hymen is
often used to determine if a woman is a virgin.
1.3. Proof of virginity
Many researchers state that the presence of an intact
A. Presumptive signs in females
hymen is not a reliable indicator of whether a female has
been vaginally penetrated because the tearing of the
1. Signs in breasts
hymen may have been the result of some other event
a) Breasts of a virgin are round in shape, hemispherical,
firm in consistency with an underdeveloped nipple in the
The hymen, named for Hymen, the Greek god of
center surrounded by area of pink color known as areola
marriage, is a ring of fleshy tissue that sits just inside the
in a fair-skinned lady, in a dark-skinned lady it may be
vaginal opening. Normal variations include everything
black to brown.
from thin and stretchy to thick and somewhat rigid; it may
also be completely absent. Whichever allows for the
2. Signs In Vagina
passage of menstrual fluid; the only variation that may
a) Labia majora are thick, round, firm, elastic with
require medical intervention is the imperforate hymen,
rounded margin in a virgin, they lie in contact with each
which either completely prevents the passage of
other so that vaginal orifice is completely closed in a
menstrual fluid or slows it significantly. In either case,
virgin
surgical intervention may be needed to allow menstrual
b) labia minora is a thin fold of skin, small, soft, sensitive
fluid to pass or intercourse to take place at all. It is a
and pink Colored in a virgin and covered by the labia
misconception that the hymen always tears during first
majora.
intercourse or that intercourse is required to rupture the
c) Fourchette commissure is intact in a virgin
hymen. In 2009, the Swedish Association for Sexuality
d) Clitoris is small and pink colored in a virgin and
Education proposed that the term "hymen" be changed
covered by labia majora
to "vaginal corona.
e) Hymen is a mucosal covering of about 1mm thickness
at the opening of vaginal orifice, this is of different types
It is commonly accepted that some women are born
like, annular, semilunar, cresentic, infantile, fimbriated,
without hymens. A female can undergo a surgical
tear will come up to the vagina in case of coitus, tear
procedure hymenorrhaphy or hymenoplasty, to repair or
may be one side but is fimbriated in around the whole
replace a torn hymen, to pass a virginity test.
margin.
f) Central opening allows the tip of small finger in 10 year
olds and in an adult lady admits only one finger when
1.3.1. Gynaecological report
force is applied
g) Vagina is tight, narrow with rugosity

1.4. Cases
1.4.1. U.S. v. Pablo Suan, G.R. No. L-9201, March 3, 1914
United States v. Suan (1914) – Trent, J.
Plaintiff and appellee: United States
Defendant and appellant: Pablo Suan
Brief Facts: Suan had carnal relations with Aniceta, a 14-
year-old. Suan thought Aniceta was a virgin. He later
found out that Aniceta have had carnal relations with
various men prior to their illicit relation. Suan raised this as
a defense. CFI convicted Suan; SC reversed.
Doctrine: The fact that the man may have considered her
a virgin does not seem to change the rule. His ignorance
of her previous immoral and unchaste practices cannot
make her a virgin in the eye of the law.
FACTS:
1. Aniceta Saldivia, the offended party, testified:
 That she was 14 years old;
 That Pablo Suan was one of her teachers;
 That on September 1911, Suan began making
love to her and promised to marry her;
 That after the engagement in the following
month he began having sexual intercourse with
her;
 That she had sexual intercourse with Suan many
times during the period of seven months;
 That after she became pregnant, the defendant
stopped coming to her house; and
 That in June 1912, she gave birth to a child.
2. Suan showed conclusively that Saldivia had illicit
relations with various young men at various times
before he had carnal relations with her.
3. A case was filed against Suan. CFI convicted him of
the crime of seduction.
 Anent Suan’s defense, the CFI said: “The Court
cannot shut its eyes to the fact that as no
attempt was made on the part of the
Government to deny the allegations that Aniceta
Saldivia had indulge in sexual intercourse with a
number of persons apparently in a promiscuous
manner, the said Aniceta might well be regarded
by the accused as more or less a public woman.
The fact remains that by his own confession he
did not know this until after she and he had
entered upon their unlawful carnal relations.
Nevertheless, the court is willing to regard the
circumstance as an extenuating circumstance in
favor of the accused.”
4. Defendant appealed from the decision of the CFI.
ISSUE: The defendant, by means of a promise of
marriage, had sexual intercourse with the offended girl.
At the time these illicit relations began the defendant did
not know that Aniceta had been having illicit relations
with a number of young men prior thereto. Do these facts
constitute the crime of seduction? NO, the defendant did
not commit the crime of seduction.
RATIO:
 Par. 1 of Art. 443 of the Penal Code, under which Suan
was convicted and sentenced, reads as follows: “The
seduction of a virgin over twelve and under twenty-
three years of age, committed by any person in
public authority, priest, servant, domestic, guardian,
teacher, or any person who in any capacity shall
have charge of the education of the woman
seduced, or shall have her under his care, shall be
punished by prision correccional in its minimum and
medium degrees.”
 Viada defined “seduction” as the “unlawful carnal
intercourse with an unmarried woman or widow of
good reputation more than 12 years of age and lees
than 23.”
 Webster’s International Dictionary defined “virgin” as
“a woman who has had no carnal knowledge of
man: a maid.”
 The meaning of the expression “a virtuous female”, as
used in reference to the crime of seduction, was
explained by the supreme court of Georgia in
Washington vs. State as follows: “Had she at that time
had sexual relations with another man? If she had,
she was not a virtuous woman; if she had not, she
was a virtuous woman.”
 The general rules is that “unmarried females who
are virgins are virtuous; and those who, by their
own consent, have ceased to be virgins, are not
virtuous.”
 The jury should treat (the woman alleged to have
been seduced) as virtuous unless the evidence,,
direct or circumstantial, should satisfy them that
she had lost her virtue, by having illicit
intercourse.”
 Cyclopedia of Law and Procedure: “The word
“seduce”, as found in the statute, imports not only
illicit sexual intercourse, but it imports also a surrender
of chastity; a surrender of the woman’s personal
virtue. The statute is for the protection of the chastity
of unmarried women, and the existence of the virtue
at the time of the intercourse is a necessary
ingredient of the offense; for, as has been often said,
the woman who has lost her chastity, the prostitute,
may be the victim of rape, but is not the subject of
seduction.”
 American and English Encyclopedia of Law: “The
statutes generally require that the woman seduced
must have had a previous chaste character, and
that must be alleged in the indictment. […] [i]t is
generally held that “character”, as used in these
statutes, means actual personal virtue and not
merely reputation.”
 The fact that Suan may have considered Saldivia a
virgin does not seem to change the rule. His
ignorance of her previous immoral and unchaste
practices cannot make her a virgin in the eye of the
law.
DISPOSITION: Judgment reversed; defendant acquitted.
1.4.2. U.S. v. Pedro Alvarez, G.R. No. 881, August 30, 1902.
US v. Alvarez (1902)
Complainant: The United States,
Defendants: PEDRO ALVAREZ,
Topic: Module 6
FACTS:
- On the 27th of December, 1901, Maria Esperanza
Evangelista, 21 years of age, left her parents' house
without their knowledge and went to the house of
defendant Pedro. She stayed there for 10 days.
- Pedro was married but lived apart from his wife. He
had represented himself to Maria to be a widower,
and had agreed to marry her.
- Maria testifies that she went to the defendant's
house in pursuance of an arrangement had with him.
- Lower court found to the effect that she was
induced to leave her home by the persuasions of the
defendant.
- Upon these facts, the defendant was convicted
under article 446 of the Penal Code, which punishes
"the abduction of a virgin under 23 and over 12 years
of age, effected with her consent.
- Defense claims that conviction is wrong (1) because
the young woman was not taken physically from her
parents' home, either by the defendant or through
his agency, and (2) because the fact of her virginity
at the time of the alleged rapto was not established.
ISSUE: WON Pedro is guilty of crime in Art 446 of Penal
Code? -YES
RATIO:
There are two kinds of rapto — rapto by force, punished
by article 445 of the Penal Code, and rapto by seduction.
The first is effected by violence, against the will of the
person abducted, and the second is that which is
accomplished without the resistance of the person, when
she consents to it through promises, enticements, or
artifices of her raptor.
In the second case, the essence of the offense is not the
wrong done to the woman, but "the outrage to the family
and the alarm produced in it by the disappearance of
one of its members. " citing a 1895 case, “It is not
necessary ... that the virgin ... should have been taken
physically from her parents' house, but it is sufficient that
she has abandoned it, and that, yielding to the
allurements and promises of the seducer”
Under the Spanish system of proof, the mere fact that a
woman was unmarried did not give rise to a presumption
de jure of her virginity; nor would this fact, without any
other evidence tending to show her good repute, be a
sufficient basis for a presumption of fact.
A presumption de jure of the woman's virginity would
arise whenever it was shown that she was unmarried, and
would continue until overthrown by proof to the contrary.
Civ Pro rule.
The provision cited establishes, we think, a rule for both
civil and criminal cases, and might be applied to the
present case. It is not, however, necessary to decide that
this is so, because we think that there is sufficient
evidence in the case to warrant the inference of the
young woman's virginity,
Here it is shown, not only that the young woman was
unmarried, but that she lived at home with her parents, a
mode of life not commonly or naturally associated with
dissolute habits.
HELD: Affirmed Conviction
2. RAPE
2.1. Signs & Symptoms
Physical Symptoms:
 Immediately after a rape, survivors often experience
shock. They are likely to feel cold, faint, become
mentally confused (disorientated), tremble, feel
nauseous and sometimes vomit
 Pregnancy
 Gynaecological problems. Irregular, heavier and/or
painful periods. Vaginal discharges, bladder
infections. Sexually transmitted diseases
 Bleeding and/or infections from tears or cuts in the
vagina or rectum
 A soreness of the body. There may also be bruising,
grazes, cuts or other injuries
 Nausea and/or vomiting
 Throat irritations and/or soreness due to forced oral sex
 Tension headaches
 Pain in the lower back and/or in the stomach
 Sleep disturbances. This may be difficulty in sleeping or
feeling exhausted and needing to sleep more than
usual
 Eating disturbances. This may be not eating or eating
less or needing to eat more than usual
Behavioral Symptoms:
 Crying more than usual
 Difficulty concentrating
 Being restless, agitated and unable to relax or feeling
listless and unmotivated
 Not wanting to socialise or see anybody or socialising
more than usual, so as to fill up every minute of the
day
 Not wanting to be alone
 Stuttering or stammering
 Avoiding anything that reminds the survivor of the rape
 Being more easily frightened or startled than usual
 Being very alert and watchful
 Becoming easily upset by small things
 Relationship problems, with family, friends, lovers and
spouses
 Fear of sex, loss of interest in sex or loss of sexual
pleasure
 Changes in lifestyle such as moving house, changing
jobs, not functioning at work or at school or changes
to appearance
 Drop in school, occupational or work performance
 Increased substance abuse
 Increased washing or bathing
 Behaving as if the rape didn’t occur, trying to live life as
it was before the rape, this is called denial
 Suicide attempts and other self-destructive behaviour
such as substance abuse or self- mutilation
Psychological Symptoms:
 Increased fear and anxiety
 Self-blame and guilt
 Helplessness, no longer feeling in control of your life
 Humiliation and shame
 Lowering of self esteem
 Feeling dirty or contaminated by the rape
 Anger
 Feeling alone and that no one understands
 Losing hope in the future
 Emotional numbness
 Confusion
 Loss of memory
 Constantly thinking about the rape
 Having flashbacks to the rape, feeling like it is
happening again
 Nightmares
 Depression
 Becoming suicidal
2.1.1. Rape Trauma Syndrome
 may remain in this underground stage for years and
 It is the group of reactions – emotional, physical, and
behavioral – reported by victims of attempted or
completed rape.
 The clusters of reactions are separated into two
stages: an acute, immediate phase of disruption and
disorganization; and a long-term process of
reorganization. The length of each phase can vary,
and people may move back and forth between
stages.
 As practitioners have worked with survivors, they
began to see another phase that has come to be
known as the “underground” phase.
The Acute Stage:
 Emotional Reactions:
o Victims describe a wide range of emotions
immediately following a rape. The physical
and emotional impact of the incident may
be so intense that the victim feels shock and
disbelief. When the shock and disbelief begin
to dissipate, the primary feeling is fear – fear
of physical injury, mutilation, and death.
o Other feelings range from humiliation,
degradation, guilt, shame, and
embarrassment to self-blame, anger and
revenge. The range of strong feelings can
result in wide mood swings.
 Physical Reactions:
o Many victims report a general feeling of
soreness all over their body. Others specify
the body area that was the focus of the
assailant’s force such as throat, chest, arms,
or legs. Victims also report physical symptoms
specific to the area of the body that was the
focus of the sexual assault.
o Victims forced to have oral sex may describe
irritation to the mouth and throat. Victims
forced to have vaginal sex may have
vaginal discharge, itching, a burning
sensation during urination, and generalized
pain. Those forced to have anal sex may
report rectal pain and bleeding in the days
immediately following the rape.
 Behavioral Reactions:
o As people do in other crisis situations, victims
of sexual assault may react with fear and
confusion. They may have difficulty in
problem solving and in mobilizing the
strength to accomplish daily tasks. The ability
to absorb new information is greatly
impaired. People may also make a quick
change in living arrangements or may stay in
various places, or change phone numbers.
The Underground Stage:
 The underground stage is a time period during which
victims attempt to return to their lives as if nothing
had happened. During this period, they may try to
block thoughts of the assault from their minds. They
may not want to talk about the incident or any of the
related issues. They just want to forget about it.
 This period may be characterized by difficulty in
concentrating and some depression. Some people
may appear “over it,” despite the fact that the
emotional issues are not resolved. Avoidance is the
common theme of this stage. The victim deliberately
tries to avoid any reminders of the rape.
The Reorganization Stage:
 The long-term process of reorganization often begins
with a return to emotional turmoil. The event which
triggers the new phase of turmoil may be seeing the
assailant again, the arrival of a subpoena, a dream
or nightmare, or a certain smell. If an individual has
past experiences of victimization (such as childhood
sexual assault), this stage can be complicated by
feelings connected to those events. It can be
extremely frightening to people in this stage to once
again find themselves in emotional pain.
 Fear and phobias may develop. They may be related
specifically to the appearance of the assailant or to
the circumstances of the attack. Sometimes phobias
can be much more generalized. Eating and sleeping
disturbances can re- emerge, as can dreams and
nightmares. Violent fantasies of revenge may also
arise.


2.2. Medical evidence of rape
 Symptoms and signs
o Extragenitzal injury
 For example, as a result of being
struck, pushed, stabbed, or shot
o Genital injury
 Lacerations of the vagina
o Psychologic symptoms
 Immediately after an assault,
behavior ranging from
talkativeness, tenseness, crying,
and trembling to shock and
disbelief with dispassion,
quiescence, and smiling
(avoidance reactions, physical
exhaustion, or coping
mechanisms)
 Anger may be
displaced onto hospital
staff members
 Short term: fear, nightmares,
sleep problems, anger,
embarrassment, shame, guilt
 Posttraumatic stress disorder
(PTSD) – an anxiety disorder
 Re-experiencing
(flashbacks, intrusive
upsetting thoughts or
images), avoidance (of
trauma-related
situations, thoughts, and
feelings), and
hyperarousal (sleep
difficulties, irritability,
concentration
problems)
 Symptoms last for more
than 1 mo. and
significantly impair social
and occupational
functioning
o Sexually transmitted diseases (e.g.
hepatitis, syphilis, gonorrhea, chlamydial
infection, trichomoniasis, HIV infection)
o Pregnancy
 Examination; Testing and evidence collection
o To elicit information about pregnancy or
infections present before the rape but
not those that develop after the rape
(NOTE: testing for preexisting STDs may
be controversial as such evidence may
be used to discredit the patient in court)
 Pregnancy test and serologic
tests for syphilis, hepatitis B, and
HIV – must be carried out within
a few hours after the rape
o Follow up pregnancy test: if the
pregnancy test was negative at the first
visit, the test is repeated within the next 2
weeks.
o Other tests for STDs
 Vaginal discharge examination
(trichomonal vaginitis and
bacterial vaginosis)
 Examination of samples from
ever penetrated orifice –
vaginal, oral, or rectal
(gonorrhea and chlamydia)
 If patient has amnesia of events
around the time of the rape –
drug screeding for flunitrazepam
(date rape drug) and gamma
hydroxybutyrate should be
considered
o Tests for drug/alcohol abuse
 CONTROVERSIAL: may be used
to discredit the patient
o Some follow up tests for STDs
 6 weeks: Gonorrhea, chlamydial
infection, human papillomavirus
infection, syphilis, hepatitis
 90 days: HIV infection
 6 mo.: syphilis, hepatitis, and HIV
infection
o Collection of evidence that can provide
proof of rape
 Pictures and recordation of
physical injuries
 X-rays, CT Scans, MRI
 Clothing
 Smears of the buccal, vaginal,
and rectal mucosa
 Combed samples of scalp and
pubic hair as well as control
samples (pulled from the
patient)
 Fingernail clippings and
scrapings
 Blood and saliva samples
 If available, semen
2.3. Laws
2.3.1. RA 8353 - The Anti-Rape Law of 1997
Republic Act No. 8353 September 30, 1997
AN ACT EXPANDING THE DEFINITION OF THE CRIME OF
RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST
PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL
CODE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled::
Section 1. Short Title. - This Act shall be known as "The Anti-
Rape Law of 1997."
Section 2. Rape as a Crime Against Persons. - The crime of
rape shall hereafter be classified as a Crime Against
Persons under Title Eight of Act No. 3815, as amended,
otherwise known as the Revised Penal Code.
Accordingly, there shall be incorporated into Title Eight of
the same Code a new chapter to be known as Chapter
Three on Rape, to read as follows:
"Chapter Three
"Rape
"Article 266-A. Rape: When And How Committed. - Rape
is committed:
"1) By a man who shall have carnal knowledge of a
woman under any of the following circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of reason or
otherwise unconscious;
"c) By means of fraudulent machination or grave abuse
of authority; and
"d) When the offended party is under twelve (12) years of
age or is demented, even though none of the
circumstances mentioned above be present.
"2) By any person who, under any of the circumstances
mentioned in paragraph 1 hereof, shall commit an act of
sexual assault by inserting his penis into another person's
mouth or anal orifice, or any instrument or object, into the
genital or anal orifice of another person.
"Article 266-B. Penalty. - Rape under paragraph 1 of the
next preceding article shall be punished by reclusion
perpetua.
"Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the penalty
shall be reclusion perpetua to death.
"When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall become
reclusion perpetua to death.
"When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the
penalty shall be reclusion perpetua to death.
"When by reason or on the occasion ofthe rape,
homicide is committed, the penalty shall be death.
"The death penalty shall also be imposed if the crime of
rape is committed with any of the following
aggravating/qualifying circumstances:
"l) When the victim is under eighteen (18) years of age
and the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the
third civil degree, or the common-law spouse of the
parent of the victim;
"2) When the victim is under the custody of the police or
military authorities or any law enforcement or penal
institution;
"3) When the rape is committed in full view of the spouse,
parent, any of the children or other relatives within the
third civil degree of consanguinity;
"4) When the victim is a religious engaged in legitimate
religious vocation or calling and is personally known to be
such by the offender before or at the time of the
commission of the crime;
"5) When the victim is a child below seven (7) years old;
"6) When the offender knows that he is afflicted with the
Human Immuno-Deficiency Virus (HIV)/Acquired Immune
Deficiency Syndrome (AIDS) or any other sexually
transmissible disease and the virus or disease is
transmitted to the victim;
"7) When committed by any member of the Armed
Forces of the Philippines or para-military units thereof or
the Philippine National Police or any law enforcement
agency or penal institution, when the offender took
advantage of his position to facilitate the commission of
the crime;
"8) When by reason or on the occasion of the rape, the
victim has suffered permanent physical mutilation or
disability;
"9) When the offender knew of the pregnancy of the
offended party at the time of the commission of the
crime; and
"10) When the offender knew of the mental disability,
emotional disorder and/or physical handicap of the
offended party at the time of the commission of the
crime.
"Rape under paragraph 2 of the next preceding article
shall be punished by prision mayor.
"Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the penalty
shall be prision mayor to reclusion temporal.
"When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall be reclusion
temporal.
"When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the
penalty shall be reclusion temporal to reclusion perpetua.
"When by reason or on the occasion ofthe rape,
homicide is committed, the penalty shall be reclusion
perpetua.
"Reclusion temporal shall be imposed if the rape is
committed with any of the ten aggravating/ qualifying
circumstances mentioned in this article.
"Article 266-C. Effect of Pardon. - The subsequent valid
marriage between the offended party shall extinguish the
criminal action or the penalty imposed.
"In case it is the legal husband who is the offender, the
subsequent forgiveness by the wife as the offended party
shall extinguish the criminal action or the penalty:
Provided, That the crime shall not be extinguished or the
penalty shall not be abated if the marriage is void ab
initio.
"Article 266-D. Presumptions. - Any physical overt act
manifesting resistance against the act of rape in any
degree from the offended party, or where the offended
party is so situated as to render her/him incapable of
giving valid consent, may be accepted as evidence in
the prosecution of the acts punished under Article 266-A."
Section 3. Separability Clause. - If any part, Sec., or
provision of this Act is declared invalid or unconstitutional,
the other parts thereof not affected thereby shall remain
valid.
Section 4. Repealing Clause. - Article 336 of Act No. 3815,
as amended, and all laws, acts, presidential decrees,
executive orders, administrative orders, rules and
regulations inconsistent with or contrary to the provisions
of this Act are deemed amended, modified or repealed
accordingly.
Section 5. Effectivity. - This Act shall take effect fifteen (15)
days after completion of its publication in two (2)
newspapers of general circulation.
2.3.2. RA 8505 -Rape Victim Assistance and Protection Act
of 1998
Republic Act No. 8505 February 13, 1998
AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR
RAPE VICTIMS, ESTABLISHING FOR THE PURPOSE A RAPE
CRISIS CENTER IN EVERY PROVINCE AND CITY,
AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled::
Section 1. Title. - This Act shall be known as the "Rape
Victim Assistance and Protection Act of 1998."
Section 2. Declaration of Policy. - It is hereby declared the
policy of the State to provide necessary assistance and
protection for rape victims. Towards this end, the
government shall coordinate its various agencies and
non-government organizations to work hand in hand for
the establishment and operation of a rape crisis center in
every province and city that shall assist and protect rape
victims in the litigation of their cases and their recovery.
Section 3. Rape Crisis Center. - The Department of Social
Welfare and Development (DSWD), the Department of
Health (DOH), the Department of the Interior and Local
Government (DILG), the Department of Justice (DOJ),
and a lead non-government organization (NGO) with
proven track record or experience in handling sexual
abuse cases, shall establish in every province and city a
rape crisis center located in a government hospital or
health clinic or in any other suitable place for the purpose
of:
(a) Providing rape victims with psychological
counselling, medical and health services, including their
medico-legal examination;
(b) Securing free legal assistance or service, when
necessary, for rape victims;
(c) Assisting rape victims in the investigation to
hasten the arrest of offenders and the filing of cases in
court;
(d) Ensuring the privacy and safety of rape victims;
(e) Providing psychological counselling and medical
services whenever necessary for the family of rape
victims;
(f) Developing and undertaking a training program
for law enforcement officers, public prosecutors, lawyers,
medico-legal officers, social workers, and barangay
officials on human rights and responsibilities; gender
sensitivity and legal management of rape cases; andalf-
1awphi1
(g) Adopting and implementing programs for the
recovery of rape victims.
The DSWD shall be the lead agency in the establishment
and operation of the Rape Crisis Center.
Section 4. Duty of the Police Officer. - Upon receipt by the
police of the complaint for rape, it shall be the duty of the
police officer to:
(a) Immediately refer the case to the prosecutor for
inquest/investigation if the accused is detained;
otherwise, the rules of court shall apply;
(b) Arrange for counselling and medical services for
the offended party; and
(c) Immediately make a report on the action taken.
It shall be the duty of the police officer or the examining
physician, who must be of the same gender as the
offended party, to ensure that only persons expressly
authorized by the offended party shall be allowed inside
the room where the investigation or medical or physical
examination is being conducted.
For this purpose, a women's desk must be established in
every police precinct throughout the country to provide
a police woman to conduct investigation of complaints
of women rape victims. In the same manner, the
preliminary investigation proper or inquest of women rape
victims must be assigned to female prosecutor or
prosecutors after the police shall have endorsed all the
pertinent papers thereof to the same office.
Section 5. Protective Measures. - At any stage of the
investigation, prosecution and trial of a complaint for
rape, the police officer, the prosecutor, the court and its
officers, as well as the parties to the complaint shall
recognize the right to privacy of the offended party and
the accused. Towards this end, the police officer,
prosecutor, or the court to whom the complaint has been
referred may, whenever necessary to ensure fair and
impartial proceedings, and after considering all
circumstances for the best interest of the parties, order a
closed-door investigation, prosecution or trial and that
the name and personal circumstances of the offended
party and/or the accused, or any other information
tending to establish their identities, and such
circumstances or information on the complaint shall not
be disclosed to the public.
The investigating officer or prosecutor shall inform the
parties that the proceedings can be conducted in a
language or dialect known or familiar to them.
Section 6. Rape Shield. - In prosecutions for rape,
evidence of complainant's past sexual conduct, opinion
thereof or of his/her reputation shall not be admitted
unless, and only to the extent that the court finds, that
such evidence is material and relevant to the case.
Section 7. Appropriations. - For the establishment and
operation of the rape crisis centers during the first year of
implementation of this Act, the amount of One hundred
twenty million pesos (P120,000,000.00) shall be charged
against the Organizational Adjustment Fund, as follows:
Sixty million pesos (P60,000,000.00) for the DSWD; and
Twenty million pesos (P20,000,000.00) each for the DOH,
DILG, and DOJ, respectively. Thereafter, the necessary
amount for the rape crisis centers shall be included in the
budgetary allocations for the agencies concerned in the
annual General Appropriations Act.
Section 8. Implementing Rules and Regulations. - Within
ninety (90) days upon the approval of this Act, all
concerned agencies shall formulate rules and regulations
as may be necessary for the proper implementation
thereof.
Section 9. Separability Clause. - If any part, section or
provision of this Act is declared invalid or unconstitutional,
the other parts thereof not affected thereby shall remain
valid.
Section 10. Repealing Clause. - All laws, acts, presidential
decrees, executive orders, administrative orders, rules
and regulations inconsistent with or contrary to the
provisions of this Act are deemed amended, modified or
repealed accordingly.
Section 11. Effectivity. - This Act shall take effect fifteen
(15) days after completion of its publication in at least
two (2) newspapers of general circulation.
2.4. Cases
2.4.1. People v Vallejo, G.R. No. 144656. May 9, 2002
People v Vallejo (2002) – Per Curiam
FACTS:
1. Accused-appellant Gerrico Vallejo was charged with
Rape with Homicide for the death of Daisy Diolola before
the RTC. He pleaded not guilty to the crime.
2. The following testified for the prosecution:
a. The victims mother, Ma. Nida Diolola, testified that at
around 1:00 oclock in the afternoon, she sent her 9-
year old daughter Daisy Diolola to their neighbors
house in Rosario, Cavite, so that Aimee Vallejo, the
sister of accused-appellant, could help Daisy with her
lessons. An hour later, Daisy came back with
Vallejo. They were looking for a book which accused
could copy to make a drawing or a poster that Daisy
would submit to her teacher. After finding the book,
Daisy and Vallejo went back to the latter’s
house. When Ma. Nida woke up at about 5:30 oclock
after an afternoon nap, she noticed that Daisy was
not yet home. She started looking for her daughter
and proceeded to the house of Aimee, Daisy’s
tutor. Aimee’s mother told Ma. Nida that Daisy was
not there. Ma. Nida looked for Daisy in her brothers
and sisters houses, but she was not there either. Ma.
Nida went back to her neighbor’s house, and there
saw Vallejo, who told her that Daisy had gone to her
classmate’s house to borrow a book. But, when Ma.
Nida went to her classmate’s, she found that Daisy
had not been there. Ma. Nida went to the dike and
was told that they saw Daisy playing at about
3:30pm. Jessiemin Mataverde also told Ma. Nida that
Daisy was playing in front of her house that afternoon
but that Daisy later left with Vallejo. The next day, Ma.
Nida was informed that the dead body of her
daughter was found tied to the root of an aroma tree
by the river after the compuerta by a certain Freddie
Quinto.
b. Jessiemin Mataverde, testified that at around 3:00pm
she saw Daisy playing with other children outside,
before watching television inside her house. About
five minutes later, Vallejo came to the house and told
Daisy something, as a result of which she went with
him and the two proceeded towards the compuerta.
At around 5:00pm, while she and her daughter were
in front of a store across the street from her house,
Vallejo arrived to buy a stick of Marlboro
cigarette. He had only his basketball shorts on and
was just holding his shirt. They noticed both his shorts
and his shirt were wet.
c. Charito Yepes, another neighbor of Ma. Nida, said
that at about 4:30pm, she and her husband decided
to get some fishing implements. They met Vallejo
near the seashore and noticed that he was uneasy
and looked troubled. Charito said that accused-
appellant did not even greet them, which was
unusual. Vallejo’s shorts and shirt (sando) were wet,
but his face and hair were not.
d. SPO1 Arnel Cuevas testified that the inquiries
conducted by the police showed that one Freddie
Quinto was fishing near the compuerta when he
accidentally hit the body of Daisy, which was in the
mud and tied to the root of an aroma tree. Based on
the statements of Jessiemin Mataverde and Charito
Paras-Yepes, the policemen went to the house of
Vallejo and recovered the white basketball shirt, with
the name Samartino and No. 13 printed at the back,
and the violet basketball shorts, with the number 9
printed on it, worn by accused-appellant the day
before. The shirt and shorts, which were bloodstained,
were turned over to the NBI for laboratory
examination.
e. Dr. Antonio S. Vertido, NBI Medico-Legal Officer,
testified that at about 9:00pm after Vallejo was
invited by the police for questioning, he conducted a
physical examination of accused-appellant. His
findings showed the following:
 Abrasions: thigh, right, antero-lateral aspect,
lower 3rd 5.0 x 0.1 cm., knee, left, 7.0 x 6.0 cm.
legs, right anterior aspect, 28.0 x 8.0 cms., left
anterior aspect, 24.0 x 10.0 cms., feet, plantar
aspects; right, 9.0 x 3.0 cms. and left, 13.0 x 5.0
cms.
 Hematoma, left ring finger, posterior aspect, 1.0 x
0.5 cm.
 Lacerations, left ring finger, posterior aspect,
0.3 cm.
Dr. Vertido also conducted an autopsy on the
cadaver of the victim Daisy Diolola. The autopsy
revealed the following postmortem findings:
 Body in early stage of postmortem
decomposition characterized by foul odor, eyes
and tongue protruding, bloating of the face and
blister formation.
 Washerwomans hands and feet.
 Contusion, (pinkish) face, right, 14.0 x 10.0 cms.
and left, 13.0 x 6.0 cms. Contused abrasions,
forehead, 13.0 x 5.0 cms. upper lip, 5.0 x 22.0
cms., lower lip, 3.0 x 2.0 cms., neck (nailmarks)
anterior aspect, 8.0 x 5.0 cms., arms, right antero-
medial aspect, middle 3rd 3.0 x 15.0 cms.
posterior aspect, upper 3rd, 1.5 x 1.0 cms., left
posterior aspect, 20.0 x 9.0 cms., forearm, left,
posterior aspect, 21.0 x 8.0 cms. left thumb,
anterior aspect, 1.5 x 1.0 cms., left middle, ring
and little fingers, dorsal aspect, .50 x 4.0 cms.
knees, right, 3.0 x 2.0 cms. and left, 8.0- x 5.0 cms.,
legs, right anterior aspect, upper and middle 3rd
3.0 x 2.5 cms. foot right, dorsal aspect.
 Hematoma, periorbital right, 5.0 x 3.0 cms. and
left, 4.5 x 3.0 cms.
 Fracture, tracheal rings.
 Hemorrhages, interstitial, neck, underneath,
nailmarks. Petechial hemorrhages,
subendocardial, subpleural.
 Brain and other visceral organs are congested.
 Stomach, contains rice and other food particles.
 CAUSE OF DEATH: -Asphyxia by Manual
Strangulation.
 GENITAL EXAMINATION: - Pubic hair, no
growth. Labia majora and minora, gaping and
congested. Hymen, moderately tall, thick with
fresh lacerations, complete at 3:00, 6:00 and 9:00
oclock positions, edges with blood clots.
[Autopsy Report No. BTNO-99-152]
f. Renato Abutan, Municipal Mayor of Rosario, Cavite,
testified that he was informed of the rape and
murder. He immediately proceeded to the municipal
jail and talked to Vallejo. Accused at first denied
having anything to do with the killing and rape of the
child. The mayor said he told accused-appellant that
he could not help him if he did not tell the truth. At
that point, accused-appellant started crying and told
the mayor that he killed the victim by strangling
her. Vallejo claimed that he was under the influence
of drugs. The mayor asked him if he wanted to have
the services of Atty. Lupo Leyva, a resident of Rosario,
as his lawyer. Accused said yes.
g. Atty. Lupo Leyva corroborated Mayor Abutans
testimony. He said that upon arriving at the police
station, he asked Vallejo if he wanted his services as
counsel in the investigation. After accused assented,
Atty. Leyva testified that he sort of discouraged the
former from making statements as anything he said
could be used against him. But, as Vallejo was willing
to be investigated, Atty. Leyva said he advised him to
tell the truth. PO2 Garcia, the investigator, informed
accused of his constitutional rights to remain silent
and to be assisted by counsel and warned him that
any answer he gave could and might be used
against him in a court of law. PO2 Garcia asked
questions from Vallejo, who confessed to the crime in
the presence of Atty. Leyva. After the statement was
taken, Atty. Leyva and accused read it and
afterwards signed it. Atty. Leyva testified that he did
not see or notice any indication that Vallejo had
been maltreated by the police.
h. Pet Byron Buan, Forensic Biologist of the NBI, testified
that he took blood samples from accused-appellant
in his office for laboratory examination to determine
his blood type. Likewise, the basketball shorts and
shirt worn by accused on the day the victim was
missing and the victims clothing were turned over to
the Forensic Chemistry Division of the NBI The results
of the examinations showed Vallejo to belong to
Group O. The following specimens: (1) one (1) white
no. 13 athletic basketball shirt, with patches Grizzlies
in front and SAMARTINO at the back; (2) one (1) violet
no. 9 athletic basketball short pants; (3) one (1) white
small Hello Kitty T-shirt with reddish brown stains; (4)
one (1) cut pink short pants with reddish brown stains;
(5) one (1) cut dirty white small panty with reddish
brown stains, were all positive for the presence of
human blood showing the reactions of Group A, the
blood type of the victim.
 Buan also said he had a conversation with
accused-appellant during which the latter
admitted that he had raped and later killed the
victim by strangulation but was remorseful and
was crying when he made the confession.
 Lastly, Buan took buccal swabs and hair samples
from Vallejo, as well as buccal swabs and hair
samples from the parents of the victim, namely,
Ma. Nida Diolola and Arnulfo Diolola. The
samples were submitted to the DNA Laboratory of
the NBI for examination. The NBI conducted DNA
tests on the specimens collected and found that
 the vaginal swabs of the victim taken by Dr.
Vertido during the autopsy contained the DNA
profiles of accused and the victim.
i. Atty. Sikat Agbunag, a lawyer from the Public
Attorneys Office, testified that while she was in their
office in Cavite City, Prosecutor Itoc came together
with accused-appellant and some
policemen. Prosecutor Itoc asked Atty. Agbunag to
assist accused-appellant about his confession. Atty.
Agbunag read the document which contained his
written confession, informed accused of his
constitutional rights, and warned him that the
document could be used against him and that he
could be convicted of the case against him, but,
according to her, accused said that he had freely
and voluntarily executed the document because he
was bothered by his conscience. Vallejo, assisted by
Atty. Agbunag, then affixed his signature to the
document and swore to it before Prosecutor Itoc.
3. The defense only presented as witnesses accused-
Gerrico Vallejo and his sister Aimee Vallejo.
 Their testimonies show that at about 1:00pm on
the day of the incident, accused-appellant,
Aimee, and their sister Abigail were in their house
when Daisy Diolola came to ask accused to
draw her school project. Daisy left
afterwards. Accused said that he finished the
drawing at about 3:00 oclock in the afternoon
and gave it to the victims aunt, Glory. He then
returned home to watch television again. He
claimed he did not go out of the house until 7:00
in the evening when he saw Ma. Nida, who was
looking for her daughter. He then went to the
pilapil and talked with some friends, and, at
about 8:00 that evening, he went home.
 The next day, barangay officials fetched Vallejo
from his house and took him to the barangay
hall, where he was asked about the
disappearance of Daisy. He claimed that he did
not know anything about it. At 4:00 oclock that
afternoon, accused accompanied the police to
his house to get the basketball shorts and shirt he
was wearing the day before, which were placed
together with other dirty clothes at the back of
their house. The police forced him to admit that
he had raped and killed Daisy and that he
admitted having committed the crime to stop
them from beating him up. He claimed the
police even burned his penis with a lighted
cigarette and pricked it with a needle.
 Accused claimed that, although he admitted to
Mayor Abutan and Atty. Leyva the commission of
the crime, this was because the police had
maltreated him. Vallejo said he did not tell the
mayor or Atty. Leyva that he had been tortured
because the policemen were around and he
was afraid of them. Further, Mayor Abutan and
Atty. Leyva were not present when he gave his
confession to the police and signed the same.
 Accused claims that although the document
containing his confession was in his own
handwriting, he merely copied the contents
thereof from a pattern given to him by the
police.
4. The RTC found Vallejo guilty of the crime of Rape with
Homicide, and sentenced him to the supreme penalty of
death. He wass directed to indemnify the heirs of the
victim in the amount of P100,000.00 as civil indemnity and
P50,000.00 as moral damages.
5. Hence this appeal.
ISSUE:
WON the trial court erred in convicting Vallejo of Rape
with Homicide - NO
.
RATIO:
CIRCUMSTANTIAL EVIDENCE
 An accused can be convicted even if no eyewitness
is available, provided sufficient circumstantial
evidence is presented by the prosecution to prove
beyond reasonable doubt that the accused
committed the crime. In rape with homicide, the
evidence against an accused is more often than not
circumstantial. This is because the nature of the
crime, where only the victim and the rapist would
have been present at the time of its commission,
makes the prosecution of the offense particularly
difficult since the victim could no longer testify
against the perpetrator.
o Under Rule 133, section 4 of the Revised Rules on
Evidence, circumstantial evidence is sufficient to
sustain a conviction if:
(a) there is more than one circumstance;
(b) the facts from which the inferences are
derived are proven; and
(c) the combination of all circumstances is
such as to produce conviction beyond
reasonable doubt.
 In the case at bar, the following circumstantial
evidence establish beyond reasonable doubt
the guilt of accused-appellant:
1. The victim went to Aimee Vallejos house,
where accused-appellant was residing, at
1:00 oclock in the afternoon of July 10, 1999,
for tutoring.
2. At around 2:00 oclock in the afternoon,
accused-appellant and Daisy went
together to the latters house to get a book
from which the former could copy Daisys
school project. After getting the book, they
proceeded to accused-appellants
residence.
3. From accused-appellants house, Daisy then
went to the house of Jessiemin Mataverde
where she watched television. Accused-
appellant thereafter arrived and whispered
something to Daisy, and the latter went with
him towards the compuerta.
4. At about 4:30 oclock in the afternoon, the
spouses Iluminado and Charito Yepes saw
accused-appellant coming out of the
compuerta, with his clothes, basketball
 shorts, and t-shirt wet, although his face and
hair were not. According to these witnesses,
he looked pale, uneasy, and
troubled (balisa). He kept looking around
and did not even greet them as was his
custom to do so.
5. The fishing boat which accused-appellant
used as a bomber (a boat for catching fish
with dynamite) was docked by the
seashore.
6. A little before 5:00 oclock in the afternoon,
Jessiemin Mataverde also saw accused-
appellant buying a Marlboro cigarette from
a store. Jessiemen also noticed that
accused-appellants clothes were wet but
not his face nor his hair.
7. By 5:30 oclock in the afternoon, as Ma. Nida
Diolola looked for her daughter, she was
told by accused-appellant that Daisy had
gone to her classmate Rosarios house. The
information proved to be false.
8. Daisys body was found tied to an aroma
tree at the part of the river near the
compuerta.
9. During the initial investigation, accused-
appellant had scratches on his feet similar to
those caused by the thorns of an aroma
tree.
10. The clothes which accused-appellant wore
the day before were bloodstained. The
bloodstains on accused-appellants clothes
and on Daisys clothes were found positive of
human blood type A.
11. Accused-appellant has blood type O.
12. The vaginal swabs from Daisys body
contained her DNA profile as well as that of
accused-appellant.
EXAMINATION OF THE BLOODSTAINS
 Accused contends that the bloodstains found on his
garments were not proven to have been that of the
victim as the victims blood type was not determined.
 Even if there was no direct determination as to what
blood type the victim had, it can reasonably be
inferred that the victim was blood type A since she
sustained contused abrasions all over her body which
would necessarily produce the bloodstains on her
clothing.
 According to Buan, whichever is the dominant blood
in the specimen will be the one which will register in
the results. For example, if there is more blood
coming from the victim, that blood will be the one to
register, even on occasions when the two blood mix.
This explains why in the case at bar, it was the victim’s
blood which predominantly registered in the
examination, and no type O blood was found.
 There is no showing that accused-appellant was
coerced or forced into producing the
garments. Indeed, that Vallejo voluntarily brought out
the clothes sought by the police becomes more
convincing when considered together with his
confessions. A consented warrantless search is an
exception to the proscription in Section 2 of Article III
of the Constitution.
DNA ANALYSIS
 Vallejo argues that the prosecution failed to show
that all the samples submitted for DNA testing were
not contaminated, considering that these specimens
were already soaked in smirchy waters before they
were submitted to the laboratory.
 DNA is an organic substance found in a persons cells
which contains his or her genetic code. Except for
identical twins, each persons DNA profile is distinct
and unique. When a crime is committed, material is
collected from the scene of the crime or from the
victims body for the suspects DNA. This is the
evidence sample. The evidence sample is then
matched with the reference sample taken from the
suspect and the victim. The purpose of DNA testing is
to ascertain whether an association exists between
the evidence sample and the reference sample. The
samples collected are subjected to various chemical
processes to establish their profile.
 The test may yield three possible results:
1. The samples are different and therefore must
have originated from different sources
(exclusion).
2. It is not possible to be sure, based on the results of
the test, whether the samples have similar DNA
types (inconclusive). This might occur for a variety
of reasons including degradation,
contamination, or failure of some aspect of the
protocol.
3. The samples are similar, and could have
originated from the same source (inclusion).
 In assessing the probative value of DNA evidence,
therefore, courts should consider, among others
things, the following data: how the samples were
collected, how they were handled, the possibility of
contamination of the samples, the procedure
followed in analyzing the samples, whether the
proper standards and procedures were followed in
conducting the tests, and the qualification of the
analyst who conducted the tests.
 In the case at bar, the bloodstains taken from the
clothing of the victim and of Vallejo, the smears
taken from the victim as well as the strands of hair
and nails taken from her tested negative for the
presence of human DNA because of the inadequacy
of the specimens, not the inadequacy of the
examination or the instruments used.
1. Bloodstains on the clothing: These specimens
were soaked in smirchy water before they were
submitted to the laboratory. The state of the
specimens prior to the DNA analysis could have
hampered the preservation of any DNA that
could have been there before.
2. Vaginal smears: The smear on the slide was very,
very dry and could have chipped off.
3. Hair: The hair samples were cut hair. This means
that the hair did not contain any root. So any hair
that is above the skin or the epidermis of ones
skin would give negative results as the hair shaft is
negative for DNA.
 4. Nails: The nails did not contain any subcutaneous
cells that would be amenable for DNA analysis.
 The vaginal swabs taken from the victim yielded
positive for the presence of human DNA.
FINDINGS OF INJURY
 Accused-appellant testified that he was boxed,
tortured, and hit with a piece of wood by policemen
to make him admit to the crime. However, accused-
appellant was physically examined by Dr. Antonio
Vertido at about 9:00 oclock in the evening of the
same day. While the results show that accused-
appellant did sustain injuries, the same are
incompatible with his claim of torture.
 As Dr. Vertido testified the he only found abrasions on
the thigh, knees, legs and feet, hematoma on the left
ring finger, posterior aspect and at the same time, a
laceration on the left ring finger of Vallejo. Abrasions
are usually caused when the skin comes in contact
with a rough surface while hematoma are usually
caused by a blunt instrument or object and
laceration is the forcible contact of the skin from that
blunt object. He opined that these hematoma and
laceration found on the said left ring finger could
have been caused by a bite.
 If the account of accused that he was beaten up is
true, Dr. Antonio Vertido would have found more
than mere abrasions and hematoma on his left
finger. Dr. Vertido’s findings are more consistent with
the theory that Vallejo ustained physical injuries as a
result of the struggle made by the victim during the
commission of the rape.
DISPOSITIVE:
WHEREFORE, in view of all the foregoing considerations,
the decision of the Regional Trial Court, Branch 88, Cavite
City, finding accused-appellant Gerrico Vallejo y
Samartino GUILTY beyond reasonable doubt of the crime
of Rape with Homicide and sentencing him to the
supreme penalty of DEATH and directing him to indemnify
the heirs of the victim in the amount ofP100,000.00 as civil
indemnity and P50,000.00 as moral damages, is hereby
AFFIRMED.
2.4.2. People v. Perez, G.R. No. 182924, Dec. 24, 2008

People v. Perez
Appellant: Jose Perez
Appellee: People of the Philippines
Topic: Virginity and Rape
FACTS:
- Sep. 1999: The six-year-old victim, AAA, was with his
father (CCC), and his two siblings in a moviehouse
owned by Bumanlag.
o The father and the two siblings were seated in the
middle rows, while AAA sat near the front.
o When the movie ended at 9 PM, the father with
the two siblings left the moviehouse. However, they
noticed that AAA was not with them, so the father
sent one of the siblings back to moviehouse.
o That sibling found AAA going out of the
moviehouse. They went back to their father.
o The father noticed that AAA was crying so he
asked her what happened. AAA answered that
Perez hit her right eye with a stone and also
punched her abdomen.
- Arriving at their house at 10 PM, the mother noticed
the injuries of AAA and asked her what happened.
The father told her what happened.
o The mother then observed that AAA’s private parts
were bleeding. When asked how she sustained the
injury, AAA did not answer. Her mother made her
rest.
- AAA kept denying that her vagina was wounded.
However, she later confessed to her mother that after
Perez hit her with a stone in the eye and punched her
in the abdomen, he took her to the back of the house
of one Oring Ragote.
o There, AAA recounted that Perez inserted his finger
into her vagina and that he inserted his penis
thereafter.
o AAA said that at that point, she lost consciousness
because of the pain she felt while he inserted his
penis.
- That same morning, AAA and her mother went to the
Brgy. Health Center to have AAA examined.
o Dr. Gundayao conducted the examination and
found that AAA had: (a) hematoma and abrasion
in her right eye, (b) contusion on her right dorsal
thigh and lower back, (c) swelling and contusions
on her vulva, (d) swelling and hematoma on her
labia majora, and (e) fresh hymenal lacerations at
the 6 and 9 o’clock positions.
o Based on these findings, Dr. Gundayao concluded
that AAA had been sexually abused.
- After this examination, they went to the Police Station
where they executed their affidavits and filed charges
against Perez.
- A year after the examinations, AAA was also brough
to a psychologist. Sheila Chan diagnosed her to be
suffering from Post-Traumatic Stress Disorder (PTSD).
- Perez tried to strike a plea bargain by pleading to the
lower offense of Acts of Lasciviousness. The public
prosecutor, upon conferring with AAA’s family, did not
give consent.
- Perez admitted the following facts:
o That AAA was 6 years old, and a minor
o That on the date of the incident, he was in the
same barangay and municipality as that of the
victim’s residence
- Perez and his father took the stand to testify for his
defense:
o Perez testified that at the date of the incident, he
went to the same barangay to attend a birthday
celebration. He said that to get to the same
barangay, he had to take a boat, which he knew
how to operate and navigate. He denied raping
AAA by interposing an alibi: that he was at home
with his parents when the alleged rape was
committed. He also testified that he had no
knowledge of any reason or motive why AAA
charged him with rape.
 o Meanwhile, Perez’s father testified that his son (the
accused, and his wife were at the same
moviehouse as AAA. He said that he saw AAA and
her father go out of the moviehouse. He also
claimed that no untoward incident happened to
AAA or any of the people at the moviehouse
- RTC: Guilty. Maximum penalty of death imposed.
o Found that AAA’s testimony was straightforward
and credible, and that she had no reason to
fabricate the charge except to seek justice for the
wrong against it.
o The supporting testimony and evidence submitted
by Dr. Gundayao, and the psychologist, Sheila
Chan, further established the version of events, as
testified by AAA.
o Perez’s defenses of denial and alibi were
untenable. The testimony of Perez’s father actually
conflicted with the accused’s own version of the
events. The former said that he was at the
moviehouse, while the latter had him at home.
o Also, it was not impossible for the accused to have
gone from his home to the place of the crime; he
himself admitted that he knew how to navigate his
way to the barangay and that the travel time only
takes an hour
- CA: RTC affirmed but modified penalty to reclusion
perpetua.
- Hence, this appeal.
ISSUE(S):
1. WON AAA’s testimony is admissible and credible (YES)
2. WON eyewitnesses are necessary for conviction (NO)
3. WON the public health officer’s testimony was
inconclusive (NO)
4. WON the lack of seminal fluids in AAA’s vagina is fatal
to the prosecution’s case (NO)
RATIO:
SC: There are 3 principles to observe in determining the
innocence or guilt of the accused:
(1) An accusation of rape can be made with facility
and while the accusation is difficult to prove, it is even
more difficult for the accused, though innocent, to
disprove;
(2) Considering that in the nature of things, only two
persons are usually involved in the crime of rape, the
testimony of the complainant should be scrutinized
with great caution; and
(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.
1. YES. AAA is not a coached witness. Her testimony was
straightforward and credible
- Perez: AAA is a coached witness. Mostly, leading
questions were used to solicit answers from her during
her testimony.
- SC: Argument is untenable. AAA testified in a
straightforward and credible manner.
o While, admittedly, leading questions were
propounded to AAA for her testimony, such is
allowed under the Rule on Examination of a Child
Witness, and under Rule 132, Sec 10 (c), which is an
exception to the general prohibition on leading
questions.
o AAA was 7 years of age and was not yet attending
school during the trial.
o The justification for this is that it is difficult to gather
the facts from a child witness without prompting or
giving suggestions. “Leading questions are
necessary to coax the truth out of their reluctant
lips.”
o “This Court has held time and again that
testimonies of rape victims who are young and
immature deserve full credence, considering that
no young woman, especially of tender age, would
concoct a story of defloration, allow an
examination of her private parts, and thereafter
pervert herself by being subject to a public trial, if
she was not motivated solely by the desire to
obtain justice for the wrong committed against
her.”
2. NO. An eyewitness is not necessary for conviction for
the charge of rape.
- Contrary to the accused’s argument, an eyewitness is
not necessary. What matters is the weight of credibility
of the witness(es) and not their number.
- The testimony of a single witness may be sufficient to
produce a conviction, if the same is trustworthy and
reliable.
- It is also of judicial notice that rape is usually
committed in a place where no one is present except
the accused and the victim.
- AAA positively identified Perez as her rapist. As such,
her sole testimony is sufficient to convict.
3. NO. The public health officer’s testimony was not
inconclusive.
- Dr. Gundayao made the following findings:
General and Physical Findings:
xxxx
Contusion hematoma (R) lower eye with linear
abrasion, (R) nasal
Bridge.
Contussion (sic) right (R) lower back
Contussion (sic) right (R) dorsal thigh xxxx
Genital Examination:
Vulva with contusion noted
Absence of pubic hair, contusion Labia Majora with
hematoma U-shaped posterior fourchette
Hymenal laceration, deep, fresh, at 6:00 o'clock
position and shallow, fresh hymenal laceration at 4:00
o'clock position corresponding to the face of a
watch, vaginal canal admits
Remarks:
1) With evident sign of extragenital physical injuries
noted on the body of the subject at the time of
examination.
2) Fresh deep and shallow hymenal laceration
present
Conclusion: Subject is of non-virgin state
- “From the foregoing testimony, Dr. Gundayao was
certain that AAA was subjected to sexual abuse. The
 hymenal laceration inflicted on AAA was caused by
the penetration of a penis or even by a finger which is
consistent with AAA's declaration that appellant first
inserted his finger into her vagina followed by his
penis.”

4. NO. The presence of seminal fluids on the victim’s

body is not necessary for conviction.
- The absence of seminal fluids on the victim’s body
does not preclude the commission of rape.
- Rape is deemed committed upon the introduction of
the penis to the labia of the pudendum, and it does
not require ejaculation. At the point where the penis
touches those parts, the crime of rape is thereby
consummated.

HELD: CA affirmed.