412 Phil. 261
PANGANIBAN, J.:
“That on or about September 22, 1997, in the evening at barangay Bolaoen East, Municipality of Sison, Province of Pangasinan, and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did then and there willfully, unlawfully and felon[i]ously have sexual intercourse with Janet T. Ocumen, a minor seven years old and accused’s step-granddaughter, against her will and without the consent of said Janet T. Ocumen, to her damage and prejudice.
“CONTRARY to Art. 335 of the Revised Penal Code, in relation with R.A. 7659, as amended.”
“WHEREFORE, finding BENJAMIN FABIA GUILTY beyond reasonable doubt of the crime of rape, under Article 335 of the Revised Penal Code, in relation to Republic Act 7659, the Court sentences Benjamin Fabia to suffer the penalty of RECLUSION PERPETUA; ordering him to pay Janet Ocumen the sum of P50,000.00 as moral damages and P20,000.00 for exemplary damages and other accessory penalties.”[4]
“Seven-year old Janet Ocumen [was] a Grade I student at the Bolaoen East Elementary School in Sison, Pangasinan (TSN, April 20, 1998, pp. 3-4). On September 22, 1997, after her school dismissal at 5:00 p.m., Janet stopped by the house of her friends, brothers Mario and Bryan Olpindo, to play with them and watch television (TSN, April 13, 1998, pp. 4-5). About an hour later, Janet announced that it was time for her to leave (Ibid., p. 5). Accompanied by Mario and Bryan, Janet then headed for home (Ibid.).
“On their way, they met appellant, Janet’s step-grandfather, who was also known as Bentong (Ibid., pp. 5-6). With a trace of alcohol in his breath, appellant told Mario and Bryan that he would be the one to bring Janet home (Ibid., pp. 6-7). Thus, Mario and Bryan bade Janet goodbye and went back home (Ibid., p. 7).
“Appellant, however, did not immediately bring Janet home (TSN, April 30, 1998, p. 3). Instead, he brought her to a dike, where he forced her to lie down, and then removed her shorts (Ibid.). Unmindful of the pain he would cause, appellant inserted his penis, then his finger, into Janet’s vagina (Ibid., p. 4). Apparently satisfied, appellant hurriedly stood up and warned Janet not to tell anybody what he had done (TSN, May 14, 1998, p. 2). He then brought Janet home (Ibid.).
“Upon Janet’s arrival at home, Rosela, her mother, [then] proceeded to change her daughter’s clothes (Ibid., p. 10). Rosela noticed that Janet’s uniform was wet and her shorts were missing (Ibid., pp. 10-12). Asked about this, Janet revealed to her mother that her Lolo Bentong made her lie on the dike, undressed her, and then sexually abused her (Ibid., pp. 9, 11). She then accompanied her mother to the back of their house, where a little while earlier, just before entering their house, she had left her shorts (Ibid.) Rosela got her daughter’s shorts which, like the latter’s uniform, was wet and soiled (Ibid.).
“After recovering from the shock caused by Janet’s revelation, Rosela informed her husband Domingo about what appellant, his stepfather, had done to their daughter (Ibid, p. 14). With grief and anger in their hearts, Domingo and Rosela reported the matter to the barangay captain, and then filed a complaint against appellant before the police authorities at the Municipal Hall in Sison, Pangasinan (Ibid., pp. 14-15).
“On September 26, 1997, Janet submitted herself to medical examination. The internal examination conducted by Dr. Godofredo G. Garcia showed that Janet had a “fresh laceration at 6° and 9° of the perineum” (TSN, April 15, 1998, p. 3). Her hymen, which could hardly admit Dr. Garcia’s small finger, was still intact (Ibid., pp. 3-4).
“The defense claimed that: Benjamin Fabia, 31 years old, married, [a] farmer and a resident of Bolaoen East, Sison, Pangasinan, is married to Corazon Ocumen-Fabia, whose son, Domingo Ocumen, is the father of Janet Ocumen, complaining witness in this case. Benjamin is the 2nd husband of Corazon. The children of Corazon in her first marriage are at odds with Benjamin, possibly because of their age gap, Corazon is 50 while Benjamin is 31. Principally, the reasons why Janet Ocumen’s parents filed this case against Fabia, are the following:‘1. The children of Corazon wanted to break the relationship between Benjamin Fabia and Corazon Fabia;
‘2. Domingo Ocumen and his wife refused to receive words of advice from Benjamin, and on the contrary spouses Domingo always uttered bad words against Benjamin;
‘3. Relatives of the late husband of Corazon disliked [Fabia] very much x x x.
“Benjamin Fabia had professed innocence, and denied the victim’s accusation. Benjamin contended that on 22 September 1997 at about 3:00 [p.m.], he was at their farm weeding grasses up to 6:00 [p.m.] Benjamin noticed the coming rain. He decided to go home. On his way home, he met Janet with two other children who were also going home. Janet’s house is near his house about 10 meters away. Janet was walking ahead of him about two (2) meters apart. When they reached their respective houses, he accompanied Janet up to the porch of her house. Upon seeing her parents, He even told them, ‘[H]ere’s your daughter, - and if she will encounter [a] problem, you will not shoulder [the] expenses.’ Benjamin Fabia in effect was telling the Court that nothing happened between him and Janet on September 22, 1997 at about 6:00 [p.m.] at the ricefield or anywhere else. This was corroborated by Corazon Fabia and Maura Ramos, defense witnesses.
“The defense presented the following witnesses, namely: Maura Ramos, Corazon Fabia, and Benjamin Fabia and closed its case.”[7]
“Janet’s declaration in Court rings true x x x throughout. Her positive and categorical testimonies that Fabia inserted into her vagina his penis prevails and outweighs Fabia’s declaration of innocence and denial of Janet’s accusation. The Court is not persuaded that the motives behind the filing of this case was the hatred and resentment of the children of Corazon Fabia and relatives of the first husband of Corazon. A child, 7 years old, could not be instigated to falsely testify against Fabia.”[8]
“The Court a quo gravely erred in finding that the guilt of the accused-appellant for the crime charged has been proven beyond reasonable doubt.”[9]
“(a) an accusation of rape can be made with facility and while the accusation is difficult to prove, it is even more difficult for the person accused, though innocent, to disprove the charge;
“(b) considering that, in the nature of things, only two (2) persons are usually involved in the crime of rape, the testimony of the complainant should be scrutinized with great caution; and
“(c) the evidence for the prosecution must stand or fall on its own merit, and cannot be allowed to draw strength from the weakness of the evidence for the defense.”[10]
“PROS. ESPINOZA Q On your way to your house you met your step-grandfather Benjamin Fabia alias Bentong? A Yes, sir. Q And your step-grandfather Benjamin Fabia alias Bentong told Mario that he will accompany you home? A Yes, sir. Q And because of that Mario and his brother Bryan returned to their house? A Yes, sir. Q And you went with your step-grandfather Benjamin Fabia alias Bentong? A Yes, sir. Q While you [were] on your way to your house what did your step-grandfather Benjamin Fabia alias Bentong do if any? A He let me lie down on a dike (pilapil) and undressed me and abused me (ginaraw). Q When you said you were abused (ginaraw) by your step-grandfather Benjamin Bentong[,] what did he do particularly? A He placed his penis in my vagina and he also placed his finger in my vagina.x x x x x x x x x Q When you said your step-grandfather Benjamin Bentong placed his penis in your vagina do we understand that his penis [was] inside your vagina? A Yes, sir. Q How about the finger of your step-grandfather[,] was it placed inside your vagina? A Yes, sir. Q When you[r] step-grandfather Benjamin Bentong placed his penis inside your vagina[,] what happened to your vagina? A (The witness did not answer) COURT: Q Where is your vagina? A Here, sir. (witness pointing to her vagina). Q When your step-grandfather placed his penis inside your vagina, what did you feel in your vagina? A (Witness did not answer)x x x x x x x x x PROS. ESPINOZA: Q When your step-grandfather placed his penis inside your vagina, [was] your vagina painful? A Yes, sir. Q When your step-grandfather Benjamin Fabia placed his finger inside your vagina, [was] it painful? A It [was] painful, sir. Q When your step-grandfather Benjamin Fabia ha[d] his penis inside your vagina, what did he do? A (Witness did not answer).”[11] “Q After your lolo Bentong put your finger inside your vagina, he did not do anything anymore? A None, sir. Q He stood up? A Yes, sir. Q And he told you not to tell x x x anybody what happened? A Yes, sir.”[12]x x x x x x x x x “Q You said that when your mother was changing your uniform, she observed that you [had] no short pant and she asked you why? A I told my mother that my grandfather Bentong met me and then he removed my [short pants] and then ginaraw. Q What do you mean when you said ginarawnac? COURT: Q When you mean ginaraw, he inserted his penis [in]to your vagina? A Yes, sir.”[13]
“As for the intact hymen, this is no proof that no rape had been committed. A broken hymen is not an essential element of rape, not even where the victim is an innocent child x x x. As the trial court correctly observed: ‘The fact that the hymen has not been lacerated is of no moment. The victim being of tender age, the penetration of the male organ could go only as deep as the labia. In any case, for rape to be committed, full penetration is not required. It is enough that there is proof of entrance of the male organ within the labia or pudendum of the female organ. Even the slightest penetration is sufficient to consummate the crime of rape. Perfect penetration, rupture of the hymen or laceration of the vagina [is] not essential for the offense of consummated rape. Entry, to the least extent, of the labia or lips of the female organ is sufficient. Remaining a virgin does not negate rape.” (Italics supplied.)