11 - People v Balbuena

People v. Balbuena April 27, 1984 Facts: Elvira Polintan, a 20 year old criminology student, accepted an invitation to join the drining party in A!elardo "al!uena#s apartment#s !illi !illiar ard d hall hall $ith $ith her her long long time time %riend, %riend, &uanit &uanito o 'orres( orres( A%ter %ter Elvira Elvira consumed hal% a glass o% gin, she %elt di))y and too a rest on a !ench(  'hen, "al!uena and 'orres orres laid her do$n on the !illiard ta!le, undressed her and removed her pants and !rie%s and spread her legs( "al!uena $ent on top o% the !illiard ta!le $hile 'orres held her hands do$n and succeeded in having se* $ith her( +e then $ent do$n the !illiard ta!le and 'orres too his turn( Around t$o months later, she told her mother a!out $hat happened and the %ollo$ing day, they $ent to the police and reported the incident( he $as e*amined !y -r( .eyes o% /" and there $as no sign o% e*tragenital physical injury and that she could have had se* $ith a man on or a!out the date alleged( 'orres claimed that Elvira $as merely %a!ricating rape charges to implicate him !ecause o% the victim#s grudge against him( Elvira, a tom!oy, had a previous amorous relation $ith his cousin, .hodora 'orres, and the accuse accuseda dappe ppella llant nt advise advised d his his cousin cousin to part part $ays $ays $ith $ith her $hich $hich resulted in the separation o% his cousin and the complainant( "al!uena denied the accusation saying that he did not tae part in the drining party !ut $as upstairs in his room( 'hey also contend that the delay in repor reportin ting g and the a!senc a!sence e o% injury injury rende rendere red d the complai complainan nantt an incredi!le $itness( Issue: WON there there $as su sucie cient nt eviden evidence ce %or the convic convictio tion n o% the accusedappellants o% rape Held3 1 'he 'he dela delay y in in rep repor orti ting ng the the inc incid iden entt $as $as rea reaso sona na!l !le( e( t t is not not easy easy %or a 5ilipina to easily decide $hether to come out in the open $here pu!lic contempt and ridicule $ould result in the prosecution o% the case( 'he innate modesty o% 5ilipinas and their inherent reluctance to !e e*posed to the rigors o% a trial scandali)ing the %amily name( he $as also %ear%ul !ecause o% the threats made !y A!elardo that they $ould ill her %amily especially so that she resides near the houses o%   &uanito and A!elardo( 2 A!se A! senc nce e o% o% inj injur ury y can can !e !e e*p e*pla lain ined ed !ecau !ecause se it $as $as a mon month th a%te a%terr the incident that she $as e*amined( 'here $as also no torn dress or under$ under$ear ear !ecause !ecause she $as $eari $earing ng pants pants and !rie%s !rie%s(( Elvi Elvira ra is a tom!oy and so she is se*ually attracted to %emales than to males( he $ould not $illingly su!mit hersel% to se* $ith a male( Evidence also clear that accused employed %orce in consummating the o6ense( 5rom

the !ench she $as lying do$n, she $as pulled to the !illiard ta!le and !odily raised on top o% the ta!le $here she $as %orced to lie do$n( When a woman testifes that she has been raped, she  sas all that needs to be said to si!ni" that this crime has been committed.  'he testimony o% the victim $hose chastity has not !een uestioned, is generally accorded credence !ecause such o6ended party $ould not have %a!ricate %acts that could !ring shame and dishonor on her( /or $ould she disclose her humiliating e*perience at a pu!lic trial, and thus give rise to gossip and slander, unless her motive $as to !ring to justice the person $ho grievously $ronged her(

#octrine: 'he testimony o% the victim is most o%ten the only one availa!le to prove directly its commission( 'he very %act that she came %or$ard in this case is in itsel% a silent !ut persuasive evidence o% an outrage done upon her honor(

A!adantos -issent3 5ilipino $omen are modest and shy so that she $ill not pu!licly complain o% having !een raped and there!y e*pose hersel% to shame and ridicule unless she $as in %act raped !ut Elvira is not a typical $oman !ecause not yet 21, she $as already a gu))ler o%  strong spirits(  so sa!i niya poret tom!oy at umiinom $ith !oys, hindi siya mahihiya na magpretend na may nangrape sa anya( /aturn on da$ siya asi lasing so naipagse* siya $ith the !oys ahit :tom!oy: siya