Dear PAO,

My brother was falsely accused of rape by his neighbor. The medico-legal examination conducted on the alleged victim yielded a negative spermatozoa result, which, from our understanding, is favorable to my brother’s defense. However, there was an annotation in the medical report stating that the test “cannot totally rule out sexual assault.” What does this mean? How will the court appreciate these two contradictory results? Can the medico-legal result be the sole basis of conviction in rape cases?

Nina

Dear Nina,

Republic Act (RA) 8353, otherwise known as the Anti-Rape Law of 1997, and RA 8505, otherwise known as the Rape Victim Assistance and Protection Act of 1998, mandate the Department of Health (DOH) and other government agencies, such as the Department of Social Welfare and Development (DSWD) and Philippine National Police (PNP), to develop and adopt a uniform medical examination procedure in cases of sexual abuse. This includes the immediate conduct of physical and genital examination to assess the medical condition or injuries of the victim in the context of legal proceedings. This is more commonly known as a medico-legal examination. It is often conducted by a government-accredited medico-legal officer, who documents and interprets physical or psychological evidence of rape or sexual assault, and collects specimens, such as bodily fluids, for forensic testing.

In our jurisdiction, medico-legal findings are admissible in court as evidence. (Rule 130, Revised Rules on Evidence) Be that as it may, case law makes it clear that in the crime of rape, it is still the testimony of the victim, and not the assessment made in the medico-legal report, which is the most important element that proves that a crime has been committed. Stated differently, the medical examination of the victim, as well as the medical certificate produced therein, is merely corroborative in character.(People of the Philippines v. XXX, GR 241787, March 15, 2021, Ponente: Associate Justice Jhosep Lopez)

In your brother’s case, the annotation that the test conducted “cannot totally rule out sexual assault,” and the negative spermatozoa result are not contradictory statements per se. The phrase “cannot totally rule out sexual assault” means that the physical and genital examination conducted on the victim leave room for the possibility that a sexual assault may have happened. (People of the Philippines v. Ricardo S. Pamintuan, GR 192239, June 5, 2013, Ponente: Chief Justice Teresita Leonardo-De Castro)

On the other hand, the negative result of the test conducted to determine the presence of spermatozoa or the cells released in the semen during ejaculation means that no such bodily fluid was found inside the alleged victim’s genitalia. But it does not negate rape. (People of the Philippines v. Joselito G. Salazar, GR 239138, Feb. 17, 2021, Ponente: Senior Associate Justice Marvic M.V.F. Leonen)

To put it briefly, the result/s of the medical examination may corroborate or contradict the victim’s testimony. These may prove or disprove a fact in issue. Bear in mind that the admissibility and weight given to these reports can depend on any number of factors.

Ultimately, in order to be convicted of the crime of rape, the prosecution must prove beyond reasonable doubt the existence of the following elements: there is rape when sexual intercourse is done (a) through force, threat, or intimidation; (b) when the victim is unconscious or deprived of reason; (c) through fraud or abuse of authority; or (d) when the victim is under 16 years old or is demented. (Article 266-A, Revised Penal Code of the Philippines, as amended by RA 11648)

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].