This case has been cited 2 times or more.
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2002-05-28 |
BELLOSILLO, J. |
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| A: I kept on moving my body. Q: And what was the result of your opposition? A: I felt great pain x x x x[60] Sexual abuse cannot be equated with rape.[61] In the case at bar, there is no evidence of entrance or introduction of the male organ into the labia of the pudendum. Lenie's testimony did not establish that there was penetration by the sex organ of the accused or that he tried to penetrate her. The doctor who examined Lenie's vagina on 28 May 1997 would in fact admit upon questioning of the trial judge that "there was no interlabia contact."[62] The medico-legal report would then reflect our statement in People v. Tayag[63] "that considering the age of the victim and the condition of her hymen, there should be laceration if there was penetration by an adult male sex organ" when it reported that the hymen was still intact and impenetrable without causing the least hymenal injury. The medico-legal report concluded that there were no evident signs of extragenital physical injuries on the body of the subject at the time of the examination, and her hymen was intact with her orifice small (1.5 cms. in diameter) as to preclude complete penetration by an average-sized male organ in erection without causing hymenal injury.[64] | |||||
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2002-02-15 |
BELLOSILLO, J. |
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| We do not agree. The argument of the Solicitor General is speculative and is devoid of any merit when considered with the admissions of the victim herself. There persist serious doubts as to the veracity of such inference for which the death penalty cannot be justly imposed. Needless to stress, a verdict of guilt must be based on proof beyond reasonable doubt.[26] | |||||