he puts forward the defense of alibi.
We are not convinced by appellant’s line of reasoning which appears ostensibly
compelling, at the outset, but is ultimately rendered inutile by jurisprudence and the
evidence at hand.
With regard to appellant’s first point, we express our agreement with the statement
made by the Court of Appeals that it is not absurd nor contrary to human experience
that AAA gave birth ten (10) months after the alleged sexual assault as there may be
cases of long gestations. In any event, we dismiss appellant’s contention as immaterial
to the case at bar because jurisprudence tells us that impregnation is not an element of
rape.20 This rule was eloquently explained in People v. Bejic21 :
It is well–entrenched in our case law that the rape victim’s pregnancy and resultant
childbirth are irrelevant in determining whether or not she was raped. Pregnancy is not
an essential element of the crime of rape. Whether the child which the rape victim bore
was fathered by the accused, or by some unknown individual, is of no moment. What is
important and decisive is that the accused had carnal knowledge of the victim against
the latter’s will or without her consent, and such fact was testified to by the victim in a
truthful manner. (Citation omitted.)
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Likewise, we assign no significance to the testimony of defense witness Jackie Gucela.
Firstly, AAA categorically denied that Jackie Gucela was her boyfriend 22 or that she had
sexual relations with him or any other person other than appellant near the time of the
rape incidents at issue.23 For the sweetheart theory to be believed when invoked by the
accused, convincing evidence to prove the existence of the supposed relationship must
be presented by the proponent of the theory. We elucidated on this principle in People
v. Bayrante,24 to wit:
For the [“sweetheart”] theory to prosper, the existence of the supposed relationship
must be proven by convincing substantial evidence. Failure to adduce such evidence
renders his claim to be self–serving and of no probative value. For the satisfaction of
the Court, there should be a corroboration by their common friends or, if none, a
substantiation by tokens of such a relationship such as love letters, gifts, pictures and
the like. (Citation omitted.)
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In the present case, although it is a person other than the accused who is claiming to
be the victim’s sweetheart and the father of her child, such an assertion must
nonetheless be believably demonstrated by the evidence.
The defense failed to discharge the burden of proving that AAA and Jackie Gucela had
any kind of romantic or sexual relationship which resulted in AAA’s pregnancy. We
quote with approval the discussion made by the Court of Appeals on this matter:
Like the trial court, We have our reservations on [Jackie]’s credibility. AAA, from the
outset, has denied any romantic involvement with [Jackie]. On the other hand, to prove
his claim that they were sweethearts, [Jackie] presented three love letters purportedly
authored by AAA. An examination of the contents of the letters however fails to indicate
any intimate relations between AAA and [Jackie]. Nowhere in the contents of the said
letters did AAA even profess her love for [Jackie]. In the first letter, [Jackie] maintained
that AAA signed the letter as “SHE” to hide her identity. Other than such assertion, he
however failed to establish by any conclusive proof that the “SHE” and AAA were one
and the same person. Neither did he explain if he was the “Boy” being alluded to in the
first letter. The second letter, which was also unsigned by AAA, was a poem written by
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