643 Phil. 616
PEREZ, J.:
Criminal Case No. 1849
The undersigned Provincial Prosecutor of Mt. Province, hereby accuses LEONARDO DEGAY, alias CALDO, of the crime of STATUTORY RAPE, defined and penalized under Arts. 266-A and 266-B of the Revised Penal Code, as amended, committed as follows:
That on or about March 25, 2004, in the afternoon thereof, inside the at-atowan, XXX, barangay XXX, XXX, Mt. Province and within the jurisdiction of the Honorable Court, the above-name (sic) accused, with lewd design and with the use of force and intimidation, did then and there[,] willfully, unlawfully and feloniously remove the pant (sic) and panty of AAA[5] who is nine (9) years old, and thereafter have carnal knowledge of the latter, without the consent of and against her will, to the damage and prejudice of the said victim.[6]Criminal Case No. 1850
The undersigned Provincial Prosecutor of Mt. Province, hereby accuses LEONARDO DEGAY, alias CALDO, of the crime of STATUTORY RAPE, defined and penalized under Arts. 266-A and 266-B of the Revised Penal Code, as amended, committed as follows:
That on or about and sometime [in] the second (2nd) week of March 2004, at just past mid-day, at Sitio XXX, barangay XXX, XXX, Mt. Province and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design, and with the use of force and intimidation, [brought] to his house AAA who is nine (9) years old and once inside, accused removed his pant and brief and thereafter forcibly remove[d] the pant (sic) and panty of the victim, then touch and mash the vagina and breast of the latter several times and afterwards laid the victim on the sofa and, did then and there willfully, unlawfully and feloniously have carnal knowledge of AAA without her consent and against her will, to the damage and prejudice of the latter.[7]Criminal Case No. 1851
The undersigned Provincial Prosecutor of Mt. Province, hereby accuses LEONARDO DEGAY, alias CALDO, of the crime of STATUTORY RAPE, defined and penalized under Arts. 266-A and 266-B of the Revised Penal Code, as amended, committed as follows:
That on or about May 8, 2004, in the afternoon thereof at XXX, barangay XXX, XXX, Mt. Province and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design, and with the use of force and intimidation, called for and then h[e]ld the hand of BBB who is four (4) years old and afterwards brought her to a room inside his house where accused undressed himself, display (sic) his penis, then remove (sic) the pant (sic) and panty of BBB and then placed himself on top of her at the same time telling the victim that she (sic) will buy candies later on coupled with the threat upon the latter not to tell anybody and immediately thereafter did there and then willfully, unlawfully and feloniously have carnal knowledge of BBB without her consent and against her will, to the damage and prejudice of the latter.[8]
WHEREFORE, finding the accused Leonardo Degay alias Caldo guilty beyond reasonable doubt of three (3) counts of STATUTORY RAPE, a Consolidated Judgment is hereby rendered sentencing him to suffer -
1. The penalty of reclusion perpetua and ordering him to pay AAA the sum of Fifty Thousand (P50,000.00) PESOS as civil indemnity and another Fifty Thousand (P50,000.00) PESOS as moral damages for each count of STATUTORY RAPE in Crim. Cases No. 1849 and 1850.
2. The penalty of reclusion perpetua and ordering him to pay the private complainant BBB, the sum of Fifty Thousand (P50,000.00) PESOS as indemnity ex delicto and another Fifty Thousand (P50,000.00) PESOS as moral damages in Crim. Case No. 1851 for Statutory Rape.[12]
I.
THE COURT A QUO, GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY BEYOND REASONABLE DOUBT FOR THREE (3) COUNTS OF STATUTORY RAPE.II.
THE COURT A QUO, OVERWHELMED BY THE NUMBER OF PROSECUTION WITNESSES GRAVELY ERRED IN FINDING THE ACCUSED CULPABLE FOR THREE (3) COUNTS OF STATUTORY RAPE.III.
THE COURT A QUO, GRAVELY ERRED IN FINDING THE PLAUSIBLE ALIBI OF THE ACCUSED-APPELLANT NOT WORTHY OF CREDENCE.[16]
Dr. Alma Lusad testified that erythema or redness of the labia minora and labia majora shows that there is an inflammation or infection in said areas, as the normal color thereof is pinkish, which could have been caused by the rubbing of [a] hard object, like an erect penis, on the area. In People v. Pruna,[20] it was held that the absence of hymenal laceration does not preclude the finding of rape, especially when the victim is of tender age. Rape is consummated by the slightest penile penetration of the labia or pudendum of the female. The presence of hyperemia in the vaginal opening is a clear indication that the penis of the accused indeed touched the labia or pudendum of the complainants.
As explained in People v. Boromeo:[21]
Proof of hymenal laceration is not an element of rape. An intact hymen does not negate a finding that the victim was raped. To sustain a conviction for rape, full penetration of the female genital organ is not necessary. It is enough that there is proof of entry of the male organ into the labia of the pudendum of the female organ. Penetration of the penis by entry into the lips of the vagina, even without laceration of the hymen, is enough to constitute rape, and even the briefest of contact is deemed rape. As long as the attempt to insert the penis results in contact with the lips of the vagina, even without rupture or laceration of the hymen, the rape is consummated. x x x.
The defense of alibi interposed by accused-appellant cannot prevail over the positive identification by AAA and BBB that he was the one who raped them. Accused-appellant admitted that Caboan, Capangdanan, where he allegedly stayed from the last week of February 2004 until the first week of April, 2004, is only about three (3) kilometers away from Sabangan, while Kaaligan, where he stayed from morning until evening of May 8, 2004, is only one (1) kilometer away from Sabangan. Pablo Gogo, who was allegedly with accused-appellant in Caboan from March 2, 2004 to April 4, 2004, stated that the distance of three (3) kilometers from said place to Sabangan could be negotiated in less than one hour. It was not, therefore, physically impossible for accused-appellant to be in Sabangan on the dates and time of the incidents complained of by AAA and BBB. As between the accused-appellant's denial and his positive identification by AAA and BBB as the person who raped them, the court a quo did not err in according weight to the latter.[22]
SO ORDERED. | |
Corona, C.J., (Chairperson), Velasco, Jr., Leonardo-De Castro, and Del Castillo, JJ., concur. [1] Penned by Associate Justice Marina L. Buzon with Associate Justices Rosmari D. Carandang and Mariflor P. Punzalan-Castillo, concurring. CA rollo, pp. 90-100. [2] Penned by Presiding Judge Joseph A. Patnaan. Records, Criminal Case No. 1849, pp. 143-154. [3] ART. 266-A. Rape, When and How Committed.--Rape is committed.-- 1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat or intimidation; b) When the offended party is deprived of reason or is otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. 2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. [4] ART. 266-B. Penalties. -- Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death. When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion perpetua to death. When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death. When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death. The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances: 1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim; 2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution; 3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity. 4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime. 5) When the victim is a child below seven (7) years old. 6) When the offender knows that he is afflicted with Human Immune-Deficiency Virus (HIV) / Acquired Immune-Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim. 7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime. 8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability. 9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime. 10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime. Rape under paragraph 2 of the next preceding article shall be punished by prision mayor. Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to reclusion temporal. When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua. When by reason or on the occasion of the rape, homicide is committed, the penalty shall be reclusion perpetua. Reclusion temporal shall also be imposed if the rape is committed by any of the ten aggravating/qualifying circumstances mentioned in this article. [5] Pursuant to Section 44 of Republic Act No. 9262, otherwise known as The Anti-Violence Against Women and Their Children Act of 2004, and Section 63, Rule XI of the Rules and Regulations Implementing Republic Act No. 9262, the real names of the victims are withheld to protect their privacy. Fictitious initials are used instead to represent them. Likewise, the personal circumstances or any other information tending to establish or compromise their identities, as well as those of their family members shall not be disclosed. (see People v. Cabalquinto, G.R. No. 167693, 19 September 2006, 502 SCRA 419, 425-426). [6] Records, Criminal Case No. 1849, p. 20. [7] Records, Criminal Case No. 1850, p. 19. [8] Records, Criminal Case No. 1851, p. 18. [9] Records, Criminal Case No. 1849, p. 37; Criminal Case No. 1850, p. 21; and Criminal Case No. 1851, p. 22. [10] Records, Criminal Case No. 1849, pp. 145-148. [11] Id. at 148-149. [12] Id. at 154. [13] CA rollo, p. 99. [14] Rollo, pp. 27, 32-33. [15] CA rollo, pp. 32-48. [16] Id. at 32. [17] The SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT, approved on 17 June 1992. [18] CA rollo, pp. 67-85. [19] 396 Phil. 330, 337 (2000). [20] 439 Phil. 440, 462-463 (2002). [21] G.R. No. 150501, 3 June 2004, 430 SCRA 533, 542. [22] Rollo, pp. 8-10. [23] People v. Sia, G.R. No. 174059, 27 February 2009, 580 SCRA 364, 367 citing People v. Abellera, G.R. No. 166617, 3 July 2007, 526 SCRA 329, 343. |