Monday, January 18, 2010

US vs Samonte

Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!

US vs Samonte
G.R. No. 6740
September 1, 1911


Crispin Oben, for appellant.
Attorney-General Villamor, for appellee.
Torres, Mapa, Johnson and Carson, JJ., concur.

Facts:

It is alleged in this case that on the 24h day of August, 1909, while Epifania Abadines, a deaf-mute, was alone in her stepfather's house, the accused entered the same, and, seizing her, threw her upon the floor, and by means of force and violence, and in spite of her efforts and obligations, had sexually communication with her.

This is an appeal from a judgment of the Court of First Instance of the Province of La Laguna, the Hon. Vicente Jocson presiding, convicting the accused of the crime of rape and sentencing him to fourteen years eight months and one day of reclusion temporal, to the accessories provided by law, to pay to the person violated the sum of P500, to recognize and maintain the child, if any there should be, and to pay the costs of the action.

Issue:

Whether or not the appellant has raped the appellee?

Held:

No. Upon the whole case there is a clear doubt that the evidence establishes the guilt of the accused. The judgment of the trial court is reversed and acquit the accused of the crime charged against him.

Evidence

The testimony of this witness demonstrates, then, that the relations sustained between Epifania and the accused after the alleged violation were those which would naturally be expected between persons who had nothing between them except friendly relations instead of those of violator and violated, and that the appearance and deportment of Epifania after the alleged violation were entirely different from those which would be naturally expected under the circumstances alleged by the prosecution.

The torn and bloody garments which the prosecution alleged were the result of the forcible violation of Epifania were not presented as evidence on the trial of this action, and the only testimony as to the existence of such garments is that of the mother of the girl alleged to have been violated.

No comments: