CASE NO.

15
RULE 130: A | Section 1. Object [as] (REAL) Evidence
PEOPLE OF THE PHILIPPINES vs. SAMUEL ULZORON
G.R. No. 121979 (286 SCRA 741); March 02, 1998
FACTS
Accused-appellant Samuel Ulzoron was charged with rape with the use of a deadly weapon. Complaining
witness was Emily Gabo. On the strength of the latters testimony, the trial court convicted the accused. It
found Gabos testimony straightforward and credible. The findings of the examining physician also lent
credence to her claim.
Faulting the trial court for convicting him on his allegedly weak defense, accused-appellant argues that the
undisputed facts and circumstances made it more likely that complaining witness, Gabo, was involved in
an adulterous relationship with him. He claims, for instance, that there was absolutely nothing to support
the victims claim of struggle, and that while he allegedly dragged her forty (40) meters away before
assaulting her sexually, the examining physician could not conclude that physical force was actually
inflicted since she did not sustain any physical injuries.
ISSUE
Whether it is necessary that commission of rape be accompanied by marks of physical violence on the
victims body, such that it should have resulted in physical injuries on the victim.
HELD: NO.
At any rate, it is not necessary for the commission of rape that there be marks of physical
violence on the victims body. While the victim repeatedly mentioned her struggles to be released from
his grasp, such efforts need not always result in physical injuries as such struggles refer to the
circumstances when she was being dragged by the accused, but to the circumstances when he initially
grabbed her hands, when he was on top of her, when he was undressing her, and when she was exerting
efforts to disengage herself from the sexual anchorage. Further, there was sufficient intimidation when
appellant pointed his 2-foot long bolo at Emilys neck while they were near the well until they reached the
spot where she was finally abused.
The circumstances of force and intimidation attending the instant case were manifested
clearly not only in the victims testimony but also in the physical evidence presented during
the trial consisting of her torn dress and underwear as well as the medico-legal report. Such
pieces of evidence indeed are more eloquent than a hundred witnesses. The fact of carnal knowledge is
not disputed. It was positively established through the offended partys own testimony and corroborated
by that of her examining physician.
Disposition of the Case: Accused-appellant was sentenced to reclusion perpetua appealed decision
was affirmed with order to indemnify Gabo certain amount for damages.