48

People vs. Alburo

184 SCRA 655

Facts:
Evelyn Cantina and her friends were going home from Abellana National High School.
The driver, Ronilo Alburo – the accused, invited the three girls to board his jeepney. Initially
they declined but they boarded soon after with Evelyn taking the front seat. When they
reached the corner of Jones Avenue and Colon Street, Evelyn was about to alight but was
prevented from doing so because Alburo threatened to raise her skirt. Her two friends were
trying to pull her out but the green light turned on and the jeepney sped off. Her two friends
realized that Evelyn was being prevented from leaving attempted to pull her out but did not
succeed. Alburo did not heed Evelyn's plea. Instead, he pulled a knife and threatened to slash
her side if she would disembark.
Alburo stopped the jeepney. Holding the knife, he went down from the jeepney and
threateningly came close to Evelyn. He pushed Evelyn's head against the steering wheel which
rendered the latter unconscious. When Evelyn regained her senses she found herself without
her panty anymore. Blood was on her vagina and she felt pain on her stomach and she saw
Alburo with his face close to hers, getting up from her then raising his pants.

Issue:
Whether or not the petitioner is guilty of the crime of forcible abduction with rape

Held:
Yes

Ratio:
The SC is not persuaded by the theory that Appellant and Evelyn were sweethearts. In
reviewing the evidence adduced by the prosecution for this crime of Rape, we have likewise
been guided by three well-known principles, namely, (1) that an accusation of rape can be
made with facility, is difficult to prove, but more difficult for the person accused, though
innocent, to disprove; (2) that 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; and (3) that the evidence for the prosecution must stand or fall on its own
merits, and cannot be allowed to draw strength from the weaknesses of the evidence for the
defense.

Submitted by: G-one T. Paisones

Submitted to: Atty. Cisco Franz S. Maclang