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The issue here is clear: its whether or not you committed rape. In my opinion, you are
not liable for rape in terms of the information given by you to us that states; The last
thing you could remember is that you dragged Lucy to the stairs and when you woke up
in your friends room, Lucy was crying beside you. She accused you of forcing yourself
unto her. According to you the incident was witnessed by another guest in the house.
Here, rape must not be allege but must be proved.
In the dissenting opinion of Justice Abad Santos on the case of People v. Balbuena and
Torres, he states that if there was sex, it could be with the victims consent. The
circumstances support the consensual view.
1) There was no determined resistance by Elvira nor did she shout for help considering
that there were other persons in the premises.
2) She had no signs of extragenital injury nor any kind of injury for that matter. While it
is true that there can be a conviction for rape even absent signs of injury still there
must be other convincing evidence. In the case at bar there is none other than the
say so of the complainant.
Aside from the rape charges, you were also concerned on your relationship with Cathy
dela Cruz who resides in Dumaguete City wherein you were engaged with her.
According to you Cathy is two months pregnant and you two is scheduled to be married
as soon as you get a stable job. However you changed your mind when you met Lucy.
Breach of promise to marry is not an actionable wrong. In fact, Congress deliberately
eliminated from the draft of the new Civil Code the provisions that would have it so. It
must not be overlooked, however, that the extent to which acts not contrary to law may
be perpetrated with impunity, is not limitless for Article 21 of the Civil Code provides
that any person who willfully causes loss or injury to another in a manner that is contrary
to morals, good customs or public policy shall compensate the latter for the damage.
One thing: my opinion is based on the laws and the jurisprudence applicable to your
situation. If by any circumstance they take their plight in court and file rape charges
against you, I am confident of your acquittal.