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PEOPLE vs. Necesio Imbe

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NECESIO IMBO, defendant-appellant.

G.R. No. L-36759 | 1982-08-31

D E C I S I O N


FERNANDO, J.:

The difficulty, recognized and acknowledged, in the decision-making process where the prosecution is for rape, arises from the fact that usually only the participants can testify as to the alleged sexual abuse. The accused may deny such an occurrence, put up the defense that he was somewhere else, or allege the consent on the part of the complainant. The court then is left with no choice but to exert the utmost effort to determine the likelihood that a sexual act did take place and under what circumstances. Such choice is not always easy. As set forth in the ponencia of Justice de Castro in People v....