G.R. No. 177747 , February 16, 2010
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. IGNACIO PORAS, Accused-Appellant.

FACTS

The accused-appellant, Ignacio Poras, was charged with the rape of AAA, a 13-year-old minor, on or about November 27, 1994, in Quezon City. The amended Information alleged that he had sexual intercourse with AAA while she was unconscious, having been made to drink milk with a sleeping substance. AAA testified that the appellant, with whom she lived, insisted she drink coffee with milk one evening, after which she fell asleep. She awoke to find the appellant on top of her, moving and touching her private parts, with her bra strap removed and panty lowered. The appellant threatened to kill her if she disclosed the incident. A medical examination revealed AAA was in a non-virgin state with deep-healed hymenal lacerations. The defense presented an alibi, claiming the appellant was elsewhere at the time. The Regional Trial Court convicted Poras of rape and sentenced him to reclusion perpetua. The Court of Appeals affirmed the conviction but modified the legal basis to Article 335 of the Revised Penal Code, as the crime preceded the 1997 Anti-Rape Law.

ISSUE

Whether the prosecution proved the guilt of the accused-appellant for the crime of rape beyond reasonable doubt.

RULING

No. The Supreme Court found the prosecution failed to prove the appellant’s guilt for rape beyond reasonable doubt. The Court held that the evidence was insufficient to establish the essential element of carnal knowledge or penetration. AAA’s testimony did not explicitly state that the appellant’s penis penetrated her vagina; her conclusion that she was raped was based on seeing the appellant on top of her and later learning of the medical findings. The medico-legal report, while indicating a non-virgin state with healed lacerations, did not prove these injuries were caused on the specific date in question or by the appellant, as the lacerations were already healed at the time of examination. The circumstances did not constitute an unbroken chain leading to the sole conclusion of rape. However, the evidence sufficiently proved the appellant committed acts of lasciviousness, a crime included in the charge of rape. The Court convicted the appellant of acts of lasciviousness under Article 336 of the Revised Penal Code, in relation to the Rape Law. He was sentenced to an indeterminate penalty of six months of arresto mayor, as minimum, to four years and two months of prision correccional, as maximum. He was ordered to pay the victim P30,000.00 as moral damages, P20,000.00 as civil indemnity, and P2,000.00 as exemplary damages.