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PEOPLE. Vs. ildefonso L. Abonada

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ILDEFONSO ABONADA Y LIBRE, accused-appellant.

G.R. No. 50041 | 1989-01-27

D E C I S I O N


SARMIENTO, J.:

Is there rape despite the intactness of the hymen and the absence of spermatozoa in the private parts of the victim? This is the question that confronts us in this prosecution for rape said to have been committed as follows: 1

That on or about November 5, 1975, in the City of Davao, Philippines, and within the jurisdiction of this Honorable Court, the above-mentioned accused, by means of force and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge with the undersigned complainant, who is 19 years of age, against her will.

Contrary to law.

Upon arraignment, the...