Pp. vs.

Sanchez

Facts:

While Gladys, 9 -year old girl, was left alone in their apartment, the accused
entered in her room and raped her. This was done by the accused three times. The
accused was later arrested and taken to the police station.
It was found out in the medico-legal report that there was absence of any
laceration in the hymen. The accused raised the defense of alibi, contending that he
was not there when the incident occurred.

Issue: W/N accused is guilty of the crime charged

Held:

Yes. Even if there had been no lacerations of the hymen, it does not necessarily
mean that there was no rape. A broken hymen is not an essential element of rape. The
merest introduction of the male organ into the labia of pudendum is sufficient. The
mere penetration of the penis by the entry thereof into the labis majora of the female
organ, even without rupture of the hymen, suffices to warrant a conviction of rape.

With regards to the degree of alibi of the accused, the court ruled that alibi is
inherently a weak defense because it is to fabricate and difficult to disprove it. For alibi
to be believed, credible and tangible proof of physical impossibility for the accused to be
at the scene of the crime is indispensable.