View full case

PEOPLE v. HENRY TOMENTOS Y RUBIO

FACTS:

The accused, Henry Tomentos, was charged with the crime of rape for allegedly having sexual intercourse with the victim, Salvacion Cabahug, without her consent. The complaint was filed on September 11, 1989, and the accused pleaded not guilty during the arraignment. The trial commenced in the Regional Trial Court of Dumaguete, but later the presiding judge voluntarily inhibited himself, and the case was reraffled to Branch 43. The prosecution presented ten witnesses, including medical experts, relatives of the victim, and the investigating officer, who testified to establish various facts. These facts include the accused's history of criminal cases, the victim's mental retardation, the circumstances of the rape, the victim's pregnancy, and the family's decision to seek legal help.

ISSUES:

  1. Is the accused guilty of the crime of rape based on the evidence presented?

  2. Should the accused be ordered to recognize and support the child born out of the rape?

  3. Is the accused liable to pay moral damages and the cost of the proceedings?

RULING:

  1. The accused is guilty of the crime of rape based on the evidence presented.

  2. The accused should be ordered to recognize and support the child born out of the rape.

  3. The accused is liable to pay moral damages and the cost of the proceedings.

PRINCIPLES:

  • Rape is committed when there is sexual intercourse with a woman against her will or without her consent, accomplished through force or intimidation.

  • The age, relationship, and mental capacity of the victim may be considered in assessing the credibility of the victim's testimony.

  • Proof beyond reasonable doubt is required to establish the guilt of the accused in criminal cases.