 People v Leones (117 SCRA 382 [1982])

G.R. No. L-48727 September 30, 1982

PEOPLE OF THE PHILIPPINES, plaintiff-appellee
vs.
JOSEPH LEONES y DUCUSIN alias JESSIE, defendant-appellant

Facts:
This is an appeal filed by the accused,JOSEPH LEONES y DUCUSIN alias Jessie who was found guilty of rape. He was the
son of the store owner and the complainant, Irene Dulay was a salesgirl employed therein.

On April 22, 1973, the complainant who had headache stayed in her room while the Leones family was out to a
nearby beach resort. At about past noon the accused and his sister Elizabeth returned to their house and forcibly
made the complainant take tablets which made her dizzy and semi-unconscious which then the accused is said to
allegedly raped her. Later that day, accused’s stepmother Natividad Leones found the complainant unconscious in her
room and had her taken to a Provincial Hospital.

Dr. Fe Cayao who examined her issued a medical certificate showing the date of the victim's admission in the hospital,
her complaint of vaginal bleeding and the diagnosis of "Healing lacerated wide at 2 o'clock and 10 o'clock hymen".

The accused denies the charged imputed to him claiming he was with his family but RTC was fully convinced and ruled
in favor of the complainant.

Issue:
Whether or not entries in the medical record made by the physician in a government hospital  is admissible as the
exception to the hearsay rule?

Ruling:
YES. The said entries having been made in official records by a public officer of the Philippines in the performance of
his duty especially enjoined by law, which is that of a physician in a government hospital is prima facie evidence of the
facts therein stated.

The entry written in the medical record statesthat the lacerations of the hymen at 2 o'clock and 10 o'clock to
be Healing when it should be described as "laceration fresh" or by similar words like "bloody or new lacerations."
There is no instant formula, technique or process known to medical science or by human experience to hasten the
healing of a lacerated hymen within three (3) hours or so after defloration.

The medical record also shows that the vaginal bleeding was menstruation blood and the complainant admitted in her
testimony that she was having her menstruation period on the day she was raped.

The SC was persuaded and convinced that the guilt of the accused has not been proven beyond reasonable doubt.