People vs Lungayan

Facts:
A widow of 52 years complained raped against a 48 year old man. Allegedly she was sexually molested against her will.The other party contended that the act is consensual on both parties citing the overt acts of the complainant, to wit; 1)not revealing the alleged raped immediately after the incident 2) going out with the man in the evening which a 52 years of a prudent have the assumption of risk.

Issue:
Whether or not the acts of the complainant a part of res gestae.

Held:
The revelation that was made by the complainant to her daughter the day after the incident was not considered a part of a res gestae.To be considered as one the act should be spontaneous to the incident .The time to re-organize or to formulate a make-up stories should be eliminated.