G.R. No. 101088 January 27, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DANILO PALICTE, accused-appellant.

FACTS

On September 23, 1988, around 9:00 a.m., eleven-year-old Edievien Bañados was playing with her brothers when accused-appellant Danilo Palicte called her. He sent her brothers home and asked her to buy coke, bread, egg, and cigarettes. After she returned, they drank coke in the living room. When Edievien tried to leave, Danilo blocked her way, closed the door, gave her a T-shirt, and brought her to his room. There, he undressed her, kissed her, forced her to lie on the bed, placed himself on top of her, and inserted his penis into her vagina for about half an hour, causing her pain. Her brothers arrived and called for her from outside, but she could not answer as Danilo covered her mouth. She went home after the incident and told her mother the following day. On September 28, 1988, she was examined by Dr. Jose Ladrido, Jr., who found her hymen intact, indicating she was still a virgin. Danilo presented a different version, claiming Edievien undressed herself to try on a dress he gave, he laid beside her, kissed her, and held her sex organ while masturbating, but did not insert his penis into her vagina.

ISSUE

Whether the trial court erred in convicting Danilo Palicte of rape despite the medical finding that the victim’s hymen was intact.

RULING

No. The Supreme Court affirmed the conviction. The gravamen of statutory rape under Article 335(3) of the Revised Penal Code is carnal knowledge of a woman below twelve years old. Edievien was eleven at the time. Force, intimidation, or physical injury is immaterial. Her testimony was straightforward, detailed, and credible, and there was no motive for her to falsely accuse the appellant. The intact hymen does not negate rape. The medical expert testified that rape can occur without full penetration, especially with a child victim. Slightest penetration, even without rupturing the hymen (interlabia penetration), is sufficient for consummated rape. Edievien’s testimony of penile insertion causing pain established the requisite penetration. The Court modified the decision to award civil indemnity of P30,000.00 to the victim.