24/05/2026
Mirisi!โ๏ธ๐
SUPREME COURT SLAPS QUACK DOCTOR WITH UP TO 98 YEARS JAIL TERM FOR RA**NG MINOR PATIENT
The Supreme Court (SC) has convicted a quack doctor, or โalbularyo,โ of four counts of r**e for sexually abusing his 15-year-old patient during the course of treatment, sentencing him to a total prison term of up to 98 years.
In a 20-page decision penned by Associate Justice Jhosep Lopez, the SCโs Second Division affirmed the accusedโs conviction for two counts of r**e through sexual in*******se and two counts of r**e by sexual assault.
The accused was a well-known albularyo (quack doctor) in his community. The private complainant was a 15-year-old minor who suffered from what she believed to be a hernia (almuranas/loslos).
On October 13, 2010, the accused went to the victimโs house to treat her. Under the guise of a medical healing session inside a bedroom, he ordered her to undress. He applied oil to her va**na and inserted his fingers. He then told her that her illness was severe and that he needed to push up the hernia with his p***s, subsequently ra**ng her. On October 16, 2010, he returned for a follow-up check-up and repeated the same acts (finger insertion followed by pe**le pe*******on), claiming it was the final session to close the hernia.
Out of fear, the victim never mentioned her ordeal. However, she drastically felt pain, and her va**na bled due to pe*******on. The following day, she confided the incident to her sister, who immediately told their grandmother. They accompanied the victim to report the incident to the police. A medical examination revealed healed hymenal lacerations consistent with sexual abuse.
The Regional Trial Court (RTC) found the accused guilty of two counts of r**e through sexual in*******se and two counts of r**e by sexual assault. The Court of Appeals (CA) affirmed the conviction with modifications to the penalties and damages. This prompted the accused to elevate the case before the Supreme Court.
In affirming his conviction, the high court ruled that the victimโs testimony was direct, candid, affirmative, and highly credible. It noted that the defenseโs arguments regarding minor inconsistencies in the testimonies and the supposed lack of physical resistance by the victim were dismissed.
It gave great credence to the medical findings of healed hymenal lacerations, and the victim's immediate emotional/physical distress (bleeding and pain) fully corroborated the occurrence of pe**le and finger pe*******on. Thus, all elements of organ r**e and sexual assault under Article 266-A of the Revised Penal Code (as amended by R.A. No. 8353) were proven.
The SC explained that r**e is not exclusively committed through force, threat, and intimidation. It found that the accused exploits a position of trust. influence, or spiritual authority, being an albularyo to deceive a vulnerable or minor victim into submitting to sexual acts under the false pretense that it is a necessary medical or spiritual healing process.
"Contrary to the accused-appellant's claim, resistance is not necessary to establish r**e, especially when the victim is manipulated... This Court ruled that when a person becomes a victim of fraudulent machination or manipulation, she does not have full control over her decisions," the Supreme Court said.
It added that the victim's passive submission does not equate to lawful consent, as the same is vitiated by fraud or fraudulent machination, an element of r**e.
"The accused-appellant consciously took advantage of his standing in the community as an albularyo when he persistently portrayed his sexual acts as indispensable to her treatment and misled AAA278240 into believing that he had the capacity to cure her illness," it added.
The SC reiterated that full pe*******on is not necessary for r**e to be consummated. It explained that r**e is considered committed once the p***s penetrates the cleft of the l***a majora, also known as the vulval or pudendal cleft, or the fleshy outer lips of the va**na, even to the slightest degree.
The high court meted out the penalty of double reclusion perpetua against the accused for two counts of r**e through sexual in*******se. He is likewise ordered to pay PHP 75,000 as civil indemnity, PHP 75,000 as moral damages, and PHP 75,000 as exemplary damages for each count.
Meanwhile, as for two counts of r**e by sexual assault, the accused is sentenced to suffer four to nine years' imprisonment for each count. He is likewise ordered to pay PHP 30,000 as civil indemnity, PHP 30,000 as moral damages, and PHP 30,000 as exemplary damages for each count.
