GR 248049; (October, 2022) (Digest)
G.R. No. 248049 , October 4, 2022
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EFREN AGAO Y ANONUEVO, ACCUSED-APPELLANT.
FACTS
Accused-appellant Efren Agao, the stepfather of the victim AAA, was charged with two counts of statutory rape under Article 266-A of the Revised Penal Code. The charges stemmed from alleged incidents in July 2010 and January 2012 in Valenzuela City. AAA testified that during both incidents, while she was sleeping, appellant touched her breasts and vagina, undressed her, mounted her, and attempted to insert his penis into her vagina. She consistently stated that appellant’s penis only reached the outer folds (labia majora) of her vagina and that he was unable to achieve full vaginal penetration because she fought back. The Regional Trial Court convicted appellant of two counts of consummated rape. The Court of Appeals affirmed the conviction. Appellant appealed, arguing that his acts constituted only attempted rape due to the lack of full penile penetration.
ISSUE
Whether the acts of the accused-appellant, where his penis contacted only the labia majora (outer folds) of the victim’s vagina, constitute consummated rape or merely attempted rape.
RULING
The Supreme Court modified the conviction from consummated rape to attempted rape. The Court clarified the anatomical threshold for consummated rape through sexual intercourse, holding that for consummation to exist, the prosecution must prove that the penis penetrated at least the labia of the victim’s pudendum. The Court defined the “labia” as referring to the labia minora or the inner lips, not the external labia majora. Mere contact with or touching of the external labia majora does not constitute penetration for purposes of consummated rape. Applying this standard, AAA’s testimony that appellant’s penis only reached the outer folds (labia majora) and did not enter the vaginal orifice established only an attempt. The Court emphasized that this clarification, while anatomically precise, in no way diminishes the gravity of the crime or the trauma suffered by the victim. It is a necessary legal demarcation to ensure the proper penalty is applied. The Court found the elements of attempted rape under Article 266-A in relation to Article 6 of the Revised Penal Code were present, as appellant commenced the commission of the crime by overt acts but did not perform all acts of execution due to his failure to achieve the required penetration. The penalty was accordingly reduced.