G.R. No. 110131 . May 28, 2001.
People of the Philippines, plaintiff-appellee, vs. Francisco Deacosta y Recena, accused-appellant.

FACTS

On October 5, 1991, in Brgy. Marinig, Cabuyao, Laguna, six-year-old Leslie Sapin was found by her aunt, Normita Siongson Agustin, coming out of a pigsty. Leslie appeared pale and later revealed that her uncle by affinity and godfather, accused-appellant Francisco Deacosta, had “used” her. She narrated that inside the pigsty, Deacosta removed her panties, unzipped his pants, lifted her, inserted his penis into her vagina causing pain, kissed her, made her masturbate him, and then gave her one peso before letting her go. Normita saw Deacosta emerge from the same pigsty shortly after. Leslie was examined that same day by Dr. Lea Villarica-Umil, who found fresh lacerations on her labia minora. However, an NBI examination conducted on October 7, 1991, found no extragenital injuries and reported that her hymen was intact with a small orifice. An information for rape was filed against Deacosta. During trial, Deacosta denied the accusation and presented an alibi, corroborated by his 12-year-old daughter, that he was at home babysitting and taking a bath at the time of the incident. The Regional Trial Court convicted Deacosta of rape under Article 335, paragraph 1(3) of the Revised Penal Code and sentenced him to reclusion perpetua, ordering him to pay P50,000.00 as moral damages. Deacosta appealed, contending that the inconsistency between the medical findings (NBI report of intact hymen vs. Dr. Umil’s finding of lacerations) should preclude conviction, and that the trial court erred in not allowing him to present additional evidence.

ISSUE

The main issue is whether an accused can be convicted of rape despite an inconsistency between the findings of the NBI medico-legal expert (intact hymen) and the victim’s attending physician (fresh lacerations).

RULING

Yes, the accused can be convicted. The Supreme Court affirmed the conviction with modification. The inconsistency in the medical findings is more apparent than real. The NBI report stating the hymen was intact does not negate rape, as complete penetration or rupture of the hymen is not essential for consummation. The Court has consistently ruled that the mere touching of the female pudendum by the male organ is sufficient to consummate rape, especially when the victim is a young child. The trial court correctly gave full weight to the spontaneous and straightforward testimony of the seven-year-old victim, which was detailed and credible. The defense of alibi and denial, corroborated only by a relative (his daughter), cannot prevail over the positive identification and credible testimony of the child victim. The Court found no ill motive for the child’s mother and aunt to fabricate such a serious charge. The penalty of reclusion perpetua was affirmed. However, the trial court erred in not awarding civil indemnity. The Court modified the decision, ordering the accused-appellant to pay an additional P50,000.00 as civil indemnity, distinct from the P50,000.00 moral damages already awarded.