PEOPLE OF THE PHILIPPINES VS. BENJIE
RESURRECCION G.R.
No. 185389
Criminal Law Digested Case / Case Digest
Criminal Law Digested Case / Case Digest
Rape
FACTS:
On 20 June 2001, BENJIE was charged before the RTC with Rape under Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353. He allegedly raped AAA, an 11 year-old girl.
Dr. Marlyn Valdez-Agbayani examined AAA and found that the victim had no laceration in her external organ or her hymen. The former also testified that there were no spermatozoa in the victim’s vagina. Despite these findings, Dr. Valdez-Agbayani clarified that if the hymen of a woman is elastic and so thin, as in AAA’s case, laceration may not be present. As to the absence of spermatozoa in the victim’s vagina, Dr. Valdez-Agbayani said that it was possible that the victim washed her genitalia, especially since she was examined only after two days following the alleged rape incident.
BENJIE was convicted by the RTC, which was subsequently affirmed by the CA. Upon appeal to the SC, BENJIE points out that 1) the testimony of AAA on how he allegedly raped her was highly improbable, and 2) the negative findings of spermatozoa and laceration must acquit him.
ISSUE:
FACTS:
On 20 June 2001, BENJIE was charged before the RTC with Rape under Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353. He allegedly raped AAA, an 11 year-old girl.
Dr. Marlyn Valdez-Agbayani examined AAA and found that the victim had no laceration in her external organ or her hymen. The former also testified that there were no spermatozoa in the victim’s vagina. Despite these findings, Dr. Valdez-Agbayani clarified that if the hymen of a woman is elastic and so thin, as in AAA’s case, laceration may not be present. As to the absence of spermatozoa in the victim’s vagina, Dr. Valdez-Agbayani said that it was possible that the victim washed her genitalia, especially since she was examined only after two days following the alleged rape incident.
BENJIE was convicted by the RTC, which was subsequently affirmed by the CA. Upon appeal to the SC, BENJIE points out that 1) the testimony of AAA on how he allegedly raped her was highly improbable, and 2) the negative findings of spermatozoa and laceration must acquit him.
ISSUE:
Is BENJIE guilty of rape?
HELD:
Yes. This Court itself, in its desire to unveil the truth as borne out by the records, has painstakingly pored over the transcripts of stenographic notes of this case, and like the RTC, finds the victim’s testimony of the incident candid and straightforward, indicative of an untainted and realistic narration of what transpired on that fateful day.
BENJIE tries to discredit the victim's testimony by questioning the odd position at which the rape was done. While BENJIE’s position, i.e., covering AAA’s mouth with his left hand and pinning her down with the right hand, may be considered difficult, such does not exclude the possibility that rape can be consummated under said situation. Depraved individuals stop at nothing in order to accomplish their purpose. Perverts are not used to the easy way of satisfying their wicked cravings. It should be noted that the victim was a very young and fragile 11-year-old, who was easy to be subdued by an abuser who was used to manual labor and was already 18 or 19 years old.
In his last-ditch effort to be exculpated, BENJIE calls this Court’s attention to the medical findings that no sperm cells were present in the victim’s vagina just two days following the rape. He intimates that no rape occurred because of the absence of the sperm cells.
This contention is not well-taken. The absence of spermatozoa in the victim’s genitalia does not negate rape, the slightest penetration even without emission being sufficient to constitute and consummate the offense. The mere touching of the labia of the woman’s pudendum or lips of the female organ by the male sexual organ consummates the act.
Note: The court laid down these GUIDING PRINCIPLES in Rape:
To ascertain the guilt or innocence of the accused in cases of rape, the courts have been traditionally guided by three settled principles, namely: (a) an accusation for rape is easy to make, difficult to prove and even more difficult to disprove; (b) in view of the intrinsic nature of the crime, the testimony of the complainant must be scrutinized with utmost caution; and (c) the evidence of the prosecution must stand on its own merits and cannot draw strength from the weakness of the evidence for the defense.
Since the crime of rape is essentially one committed in relative isolation or even secrecy, it is usually only the victim who can testify with regard to the fact of the forced coitus. In its prosecution, therefore, the credibility of the victim is almost always the single and most important issue to deal with. If her testimony meets the test of credibility, the accused can justifiably be convicted on the basis thereof; otherwise, he should be acquitted of the crime.