G.R. No. 104947 June 30, 1994
People of the Philippines, plaintiff-appellee, vs. Gilbert Dela Peña y Ponce, accused-appellant.

FACTS

On July 18, 1991, nine-year-old Erly Rose P. Marasigan was taking a shortcut to school in Valenzuela, Metro Manila, when accused-appellant Gilbert de la Peña grabbed her arm, pulled her to a grassy area, and threatened to kill her if she made noise. He ordered her to lie down, pulled down his pants and briefs, removed her panties, and raised her skirt. He attempted to insert his penis into her vagina but was unable to do so. Both the complainant and the accused-appellant testified that he did not have an erection and could not achieve penetration. Instead, he fondled her vagina and inserted his finger. He also hit her in the stomach and cheeks. The victim pretended to be dead, and the accused fled. She was later found by a neighbor, and the accused was subsequently identified and apprehended. A medical examination by the NBI found no physical evidence of penetration, noting an intact hymen. The accused was initially charged with Attempted Rape but was later charged with Statutory Rape in an information alleging sexual intercourse. The Regional Trial Court found him guilty of Statutory Rape and sentenced him to reclusion perpetua.

ISSUE

Whether the accused-appellant should be convicted of Statutory Rape or a lesser offense, given the consistent testimonies and medical findings indicating the absence of penile penetration due to the lack of an erection.

RULING

The Supreme Court modified the decision of the trial court. It held that the crime committed was not consummated rape. The Court reiterated that full vaginal penetration is not essential for rape, and the mere touching of the external genitalia by a penis capable of consummating the act can constitute carnal knowledge. However, this doctrine presupposes the existence of an erect penis physiologically capable of penetration. In this case, both the victim and the accused-appellant consistently testified under oath that there was no penetration because the accused did not have an erection. The medical findings corroborated the absence of penetration. Therefore, the element of carnal knowledge for consummated rape was not proven. The Court found that the accused had performed acts of execution constituting attempted rape but did not consummate it due to the physical impossibility caused by the lack of an erection. Consequently, the accused-appellant was found guilty only of Attempted Rape. Applying the Indeterminate Sentence Law, he was sentenced to an indeterminate penalty of four (4) years and two (2) months of prision correccional medium, as minimum, to eight (8) years and two (2) months of prision mayor medium, as maximum.