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People v.

Balbuena
April 27, 1984
Facts:
Elvira Polintan, a 20 year old criminology student, accepted an
invitation to join the drinking party in Abelardo Balbuenas apartments
billiard hall with her long time friend, Juanito Torres. After Elvira
consumed half a glass of gin, she felt dizzy and took a rest on a bench.
Then, Balbuena and Torres laid her down on the billiard table,
undressed her and removed her pants and briefs and spread her legs.
Balbuena went on top of the billiard table while Torres held her hands
down and succeeded in having sex with her. He then went down the
billiard table and Torres took his turn. Around two months later, she
told her mother about what happened and the following day, they went
to the police and reported the incident. She was examined by Dr. Reyes
of NBI and there was no sign of extragenital physical injury and that
she could have had sex with a man on or about the date alleged. Torres
claimed that Elvira was merely fabricating rape charges to implicate
him because of the victims grudge against him. Elvira, a tomboy, had
a previous amorous relation with his cousin, Rhodora Torres, and the
accused-appellant advised his cousin to part ways with her which
resulted in the separation of his cousin and the complainant. Balbuena
denied the accusation saying that he did not take part in the drinking
party but was upstairs in his room. They also contend that the delay in
reporting and the absence of injury rendered the complainant an
incredible witness.
Issue:
WON there was sufficient evidence for the conviction of the
accused-appellants of rape
Held:
1)
The delay in reporting the incident was reasonable. It is not easy
for a Filipina to easily decide whether to come out in the open where
public contempt and ridicule would result in the prosecution of the
case. The innate modesty of Filipinas and their inherent reluctance to
be exposed to the rigors of a trial scandalizing the family name. She
was also fearful because of the threats made by Abelardo that they
would kill her family especially so that she resides near the houses of
Juanito and Abelardo.
2)
Absence of injury can be explained because it was a month after
the incident that she was examined. There was also no torn dress or
underwear because she was wearing pants and briefs. Elvira is a
tomboy and so she is sexually attracted to females than to males. She
would not willingly submit herself to sex with a male. Evidence also
clear that accused employed force in consummating the offense. From

the bench she was lying down, she was pulled to the billiard table and
bodily raised on top of the table where she was forced to lie down.
3)
When a woman testifies that she has been raped, she
says all that needs to be said to signify that this crime has
been committed. The testimony of the victim whose chastity has not
been questioned, is generally accorded credence because such
offended party would not have fabricate facts that could bring shame
and dishonor on her. Nor would she disclose her humiliating experience
at a public trial, and thus give rise to gossip and slander, unless her
motive was to bring to justice the person who grievously wronged her.
Doctrine: The testimony of the victim is most often the only one
available to prove directly its commission. The very fact that she came
forward in this case is in itself a silent but persuasive evidence of an
outrage done upon her honor.
Abad-Santos Dissent: Filipino women are modest and shy so that she
will not publicly complain of having been raped and thereby expose
herself to shame and ridicule unless she was in fact raped but Elvira is
not a typical woman because not yet 21, she was already a guzzler of
strong spirits.
>> so sabi niya porket tomboy at umiinom with boys, hindi siya
mahihiya na magpretend na may nangrape sa kanya. Na-turn on daw
siya kasi lasing so nakipagsex siya with the boys kahit ~tomboy~ siya