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PEOPLE Vs. Alejandro Salomon, Et Al.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEJANDRO SALOMON Y OLPANGO @ "ALE", @ "BOYET" and FELICIANO CONGE @ PEPING, accused-appellants.

G.R. No. 96848 | 1994-01-21

D E C I S I O N


CRUZ, J.:

The novel defense in this prosecution for rape is that the physical evidence of the complainant's violation was caused not by the male organ but by the five fingers of one of the appellants that were thrust into her vagina in anger and not in lust. The defense faults the trial judge for giving credence to the complainant. It avers that her testimony should both have been accepted at all because she is admittedly a mental retardate and therefore unreliable per se.

These curious arguments will not be dismissed out of hand by this Court. The appellants are entitled to be heard in their defense, no less than the...