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Virginia then filed an information against Pepe charging him of the two counts of rape.

Further, the
NBI medico-legal officer conducted the medico-genital examination of Virginia. The medico-legal found
the presence of hymenal laceration at 2 o'clock and 10 o’clock position , stains of semen and abrasion
on the left thigh of Virginia.

The accused, Pepe denied the accusation.

The accused claimed that he was not in the boarding house at the time the alleged crime was
committed. As evidenced by the cctv footage, he was seen to leave the premises shortly after the
accused’s wife and children leave for the beach. Further, the position of the hymenal laceration was
contradicting to the statement of Virginia, that she was allegedly forced in lying position such that the
accused was able to placed himself on top of her. However, the wounds were found at 2 o’clock and 10
o’clock position which were inconsistent with the normal placement of wound if a penis was inserted
on missionary position. That such position of wound, as based from medical researches, would only
resulted from a “dog-style” position. In the same manner that the semen sample found in Virginia’s
private area does not match the dna of Pepe. Also, it is odd that despite of Virginia’s shout, there’s no
one within the vicinity of the boarding house who were able to hear her. Furthermost, based from the
testimony from different witnesses, it is evident that Virginia holds a grudge against Pepe for she is
against the marriage of the latter with her sister. Hence, we can only imagine her resentment to the
accused to the point that she would concoct a story just to prejudice the reputation of Pepe and break
the latters’s family.

In light of the forgoing, all evidence constrained us to rule against the plaintiff Virginia. For one, her
statement is self-serving that she failed to present other evidence to support her claims. Lingering
doubts are present which are inconsistent with the requirement of guilt beyond reasonable doubt as
quantum of evidence to convict an accused in a criminal case. Pepe is entitled to an acquittal, as a
matter of right because the prosecution has failed to prove their guilt beyond reasonable doubt.

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