People v. Cruz
REITERATIONFacts
The Antecedents: On December 4, 1986, an 11-year-old victim was washing clothes when intercepted by the accused-appellant. The accused allegedly boxed her, pointed a bladed weapon, made her lie down, removed her shorts and panty, and inserted his penis into her vagina, causing her to bleed and feel pain. The victim sustained other injuries. She escaped and informed a neighbor, who sought help from a barangay tanod. The tanod apprehended the accused and recovered a knife. The victim positively identified the accused during custodial investigation. Procedural History: The Regional Trial Court at Caloocan City found the defendant-appellant guilty of Rape, sentencing him to reclusion perpetua, to indemnify the victim, and to pay costs. The Petition: The defendant-appellant appealed, contending that the crime of Rape was not consummated due to the alleged lack of penetration, citing the NBI medico-legal officer's report of mere vaginal congestions and an intact hymen.
Issue(s)
Whether the crime of Rape was consummated despite the alleged lack of complete penetration and intact hymen. Whether the victim's testimony was credible and sufficiently corroborated.
Ruling
The judgment appealed from is hereby AFFIRMED. The accused-appellant is found guilty of Rape and sentenced to suffer the penalty of reclusion perpetua, to indemnify the victim in the amount of P25,000.00, and to pay the costs.
Ratio Decidendi
On whether the crime of Rape was consummated despite the alleged lack of complete penetration and intact hymen: The Court held that complete or total penetration of the complainant's private organ was not necessary to consummate the crime of Rape; the slightest penetration was sufficient. Neither was the rupture of the hymen essential for the consummation of the crime. It was enough that there was proof of entrance of the male organ within the labia of the pudendum. In this case, the complainant testified that she felt pain when the defendant-appellant put his penis inside her vagina and that she bled as a result. The medical report indicated "Superficial laceration, 8 o'clock, abrasion 2 o'clock on vaginal introitus," and the NBI medico-legal officer testified that the complainant's labia majora and minora, as well as the vestibule, were congested, which were interpreted as lesions in the process of healing. These findings corroborated the victim's testimony regarding the physical trauma sustained during the sexual assault, confirming the act of penetration, however slight. On whether the victim's testimony was credible and sufficiently corroborated: The Court found no reason to disbelieve the trial court's assessment of the complainant's testimony, noting that she testified in a direct, firm, and straightforward manner, showing no signs of insincerity. The Court also considered that the defendant-appellant was a stranger to the complainant, and she had no motive to testify falsely against him. Furthermore, her testimony was corroborated by the medical findings of superficial lacerations and abrasions on her vaginal introitus and congestion in the vaginal area, which indicated physical trauma consistent with sexual assault. The NBI medico-legal officer's findings, though noting the lesions were in the process of healing, still supported the occurrence of an injury consistent with the victim's account.
Main Doctrine
The slightest penetration is sufficient to consummate the crime of Rape. The rupture of the hymen is not essential for the consummation of the crime. It is enough that there is proof of the entrance of the male organ within the labia of the pudendum.