G.R. Nos. 135667-70; March 1, 2001
People of the Philippines, plaintiff-appellee, vs. Jessie Ventura Collado, accused-appellant.

FACTS

Jessie Ventura Collado, a cousin of the victim’s father, lived with the Dumaoal family and worked as their driver. On multiple occasions in 1993, he sexually molested nine-year-old Messeah Dumaoal, often in the presence of her six-year-old brother, Metheor. The first incident involved Collado tying Messeah spread-eagled to her bed, attempting vaginal penetration, and then committing anal penetration. He threatened the children to ensure their silence. Three subsequent acts of lasciviousness occurred, involving forcible touching and threats with a knife. The children initially concealed the abuse due to fear but eventually disclosed it to their parents.
The Regional Trial Court convicted Collado of one count of statutory rape and three counts of acts of lasciviousness. Collado appealed, questioning the credibility of the child witnesses and the sufficiency of the evidence for the rape conviction.

ISSUE

The primary issue was whether the prosecution proved beyond reasonable doubt the crime of statutory rape for the first incident, or if it constituted acts of lasciviousness instead. A secondary issue was the credibility of the child witnesses’ testimonies.

RULING

The Supreme Court modified the conviction. It held that the first incident did not constitute rape. For statutory rape under Article 335 of the Revised Penal Code, the prosecution must prove carnal knowledge, defined as the penetration of the female genitalia by the male organ. The Court found that the evidence only established an attempt at vaginal penetration, which failed, and subsequent anal penetration. Anal penetration, while a crime, does not constitute statutory rape as defined by law at that time; it is a separate offense. Therefore, the first incident was properly classified as acts of lasciviousness under Article 336, consistent with the other three counts.
The Court affirmed the credibility of the testimonies of Messeah and Metheor. Their detailed, consistent, and candid accounts, given despite their tender ages, were deemed credible and sufficient for conviction. The Court found the presence of the generic aggravating circumstance of obvious ungratefulness, as Collado abused the trust and hospitality of the family that sheltered and employed him. Applying the Indeterminate Sentence Law, the Court sentenced Collado to an indeterminate penalty for each of the four counts of acts of lasciviousness and ordered him to pay civil indemnity, moral damages, and exemplary damages.