G.R. No. 146590 ; July 17, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. DOMINGO OPERARIO y GORIMO, appellant.

FACTS

Appellant Domingo Operario was charged with the rape of his eight-year-old niece, Janice Cristino, who lived with him and his wife. The prosecution alleged that on September 30, 1997, after a quarrel with his wife, appellant was left alone in the house with the complainant the following morning. He ordered her to transfer to his bedroom, threatened her, and then forcibly removed her clothing. He proceeded to have carnal knowledge of her, causing her pain. The victim later reported the incident to her cousin and grandmother, leading to a medical examination. The medico-legal report noted congested and abraded genitalia but concluded she was physically in a virgin state, with the doctor explaining congestion indicated friction from a hard object like an erect penis.
The defense, anchored on denial and alibi, claimed no opportunity for the crime existed as the victim slept with her cousins. Appellant’s wife testified she bathed the complainant due to itchiness and brought her to school. However, the trial court found the victim’s testimony credible despite minor inconsistencies and noted contradictions in the defense’s account, particularly regarding who accompanied the victim to school. The Regional Trial Court convicted appellant of rape and sentenced him to reclusion perpetua.

ISSUE

Whether the trial court erred in convicting appellant of rape based on the victim’s testimony and medical findings, despite the defense’s claim of lack of opportunity and the medical conclusion of physical virginity.

RULING

The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of the victim’s credibility, emphasizing that testimonies of child victims are given full weight and credit. Minor inconsistencies are expected and do not undermine credibility but instead indicate truthfulness. The Court dismissed the appellant’s reliance on the victim’s cross-examination answers about lack of opportunity, noting that leading questions to a young witness are suggestive and do not negate the consistent narrative of the crime provided in her direct testimony.
On the medical findings, the Court ruled that the intact hymen is not indispensable for a rape conviction. The medico-legal report’s findings of congested and abraded labia minora and posterior fourchette, explained by the doctor as caused by the rubbing of a hard object like a penis, sufficiently corroborated the victim’s account of sexual assault. The element of force and intimidation was established by appellant’s threats and his moral ascendancy as a parental figure. The penalty of reclusion perpetua was proper. The Court modified the damages, increasing moral damages to P50,000.00 in line with jurisprudence, while affirming the P50,000.00 civil indemnity.