People v. Elimancil
G.R. No. 234951
January 28, 2019
FACTS:
RTC and
CA convicted Benjamin A. Elimancil of simple rape. AAA was in her boarding
house in Mariveles, Bataan waiting for her dorm mate Agnes to come home. While
sleeping, at around 11:30pm she was immediately awaken by Benjamin lying beside
her with a knife poking her left side. He pulled her pajama and panty and
pulled his pants. Thereafter, his penis penetrated her private part and did a
repetitive action for more than one minute. She felt a hot liquid that came out
and saw blood in her vagina. Benjamin said that if she would let others know
about this, he would kill her. The next day she told her parents in Abucay,
Bataan what happened. Her parents reported the incident to the police and later
on arrested Benjamin in Mariveles. According to Benjamin’s defense, he was
invited by AAA in her dorm for a birthday party. Upon arriving, he saw five
women including AAA. He slept over while three of the women came home. AAA and
Agnes went to work the day after and that in the adjacent room was Joel Malate,
he would have heard the commotion so the appellant said that he could not have
done it.
ISSUE:
Whether
or not accused-appellant is liable.
HELD:
Yes.
Three principles guide the Court in rape cases. 1.) An accusation of rape can be made with facility; it is difficult to
prove but more difficult for the person accused, though innocent, to disprove.
2.) 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. 3.) The evidence for the prosecution must stand or fall on its
own merits and cannot draw from the weakness of the evidence for the defense. If
the testimony of the victim is credible, consistent and convincing, the accused
may be convicted solely on the basis thereof. Rape can be committed in the same
room with the rapist's spouse or where other members of the family are also
sleeping, in a house where there are other occupants or even in places which to
many might appear unlikely and high-risk venues for its commission. Lust, it
has been said before, is apparently no respecter of time and place. Neither is
it necessary for the rape to be committed in an isolated place, for rapists
bear no respect for locale and time in carrying out their evil deed.
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