13. People v. Nestor Ganduma, G.R. No. L-64507, April 25, 1988.

SARMIENTO, J.:
FACTS.
Eva Cornista, 15 years old, was attending to her two brothers at the yard of her
house. The accused Ganduma passed by and pointed a bolo at Eva, threatening her
that if she shouted, he would kill her. Ganduma dragged Eva to the bushes 10 meters
from her house, pushed her to the ground, and had carnal knowledge with her. Eva
screamed and was heard by her aunt Eugenia. Ganduma fled.
According to the examining physician, Eva’s hymen was intact although there
were some abrasions on her thigh and vaginal wall. The physician further testified that
the girl might actually have had sexual intercourse near or at the time of the
commission of the crime of rape.
In the crime of rape filed against him, Ganduma testified that Eva was his
sweetheart, and that he used to be the househelper in her household. He went to the
house since Eva invited him, and alleged that they had intimacies inside the house
but that Eva said that they should move to the bushes since her father might see
them.

ISSUE.

Did Eva convinced the court that she was raped?

RULING.
No. The court was not convinced that Eva resisted the sexual assault. Eva never
shouted, cried, or whimpered when she was being dragged to the bushes.
The examining physician's findings pointed to the presence of some linear
abrasions inside of the complainant's thigh but none on her arms or legs Said bruises
could not have been missed by the physician for he had the duty to examine
physically the complainant. Neither could the alleged bruises have already healed for
the physical examination was conducted barely a week after the alleged crime of rape
was committed.
Physical evidence being of the highest order, this absence of external injuries
belies the complainant's testimony that she was dragged to the bushes thus rendering
her credibility in doubt.
 Aunt Eugenia’s testimony does not show that the crime charged was
committed. She merely declared that she was surprised to see Ganduma and Eva
together. She never said anything about a struggle.