Myla Ruth N.

Sara

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.