People of the Philippines vs Hatani
GR No. 78813-14 November 8, 1993
Facts: On or about July 6, 1979, in Quezon City, Philippines the above named accused, knowing fully well that he has not satisfactorily passed the corresponding board examination, neither is he a holder of a valid certificate of registration duly issued by the board of medical examiners, as in fact he does not even appear to have taken or completed the course leading to a medical degree, did then and there, willfully, unlawfully, and feloniously for compensation, fee and salary, paid to him directly, physically examined Priscila Borja and Wilma Borja, diagnosed, treated and administer injections on their person in violation of section 10 in relation to section 28 of RA 2382. On or about the same day, accused with lewd designs, and while she was deprived of reason or unconscious after having been drugged or administered medicine, did then and there, willfully, unlawfully and feloniously have sexual intercourse with Priscila without her consent and against her will, to her damage and prejudice.
Issue: Whether or not the accused is liable for the crime charged.
Held: Yes. The evidence is overwhelming that appellant actually treated and diagnosed Priscila and Wilma Borja. The positive testimony of Agustina, Priscila, Wilma, and Josefina Borja; the medico-legal report, which attests to the needle marks, the handwriting identification report; the photographs showing assorted drugs and medical equipment in appellants room; and the chemistry reports proved that appellant was engaged in the practice of medicine. And as to his allegation that there was no proof of payment, the law specificallt punishes said act whether or not done for a fee.
Suffice it to say, the medico-legal report indicates swellings and lacerations and concludes that Priscila was no longer a virgin. Although the records fail to show any sworn statement by Priscila, such is not fatal where the sworn affidavits of her mother, her twi sisters and the medico-legal report are sufficient to show probable cause of rape.
The absence of injuries does not negate the commission of rape, for rape may be committed after rendering a woman unconscious.
It is settled jurisprudence that virginity is not an essential element of rape.