PEOPLE V. EDUALINO (REMEDIAL)

Edualino raises the issue of the character of complainant Nantiza. It is argued that a responsible and decent married woman, who wan then 3 months pregnant, would not be out at 2 am gutting drunk much less would a decent Filipina ask a man to accompany her to drink beer. It is contended that complainant merely concocted the charge of rape to save her marriage since her husband had found out that she was using drugs and drinking alcohol and even made a spectacle of herself when she tried to seduce accused-appellant on 11 May 1994 while she was under the influence of drugs and alcohol.

At the outset of this discussion, it should be pointed out that the MORAL CHARACTER of the rape victim is immaterial in the prosecution and conviction of the accused. The Court has rules that prostitutes can be victims of rape.

In the present case, even if Edualino's allegations that the victim was drunk and under the influence of drugs and that she cannot be considered a decent and responsible married woman, were true, said circumstances will not per se preclude a finding that she was raped.

The court cannot believe that a married woman would invent a story that she was raped in an attempt to conceal addiction to drugs or alcohol, in order to save her marriage. We fail to understand how a false rape story can save a marriage under the circumstances averred by Edualino.

The alleged inconsistencies in the testimonies of the prosecution witnesses pertain to minor matters and are even badges that the witnesses were unrehearsed and honest.