G.R. No. 104948 March 7, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EMMANUEL ESPINO y COBE, accused-appellant.

FACTS

Accused-appellant Emmanuel Espino y Cobe was charged with the rape of Felisa Gaerlan. The complaint alleged that on or about February 28, 1990, in Angeles City, the accused, by taking advantage of the tender age and innocence of the complainant who was below 12 years old, by means of force, violence and intimidation, willfully and feloniously had carnal knowledge of her against her will. He pleaded not guilty. The prosecution presented two eyewitnesses: complainant Felisa Gaerlan, born on March 10, 1979 (making her 10 years, 11 months, and 16 days old on February 26, 1990), and police officer Ruben Aquino. Felisa testified that around noon on February 26, 1990, while she was selling plastic bags in front of the Golden City Market, the accused approached her, offered to buy all her bags, and gave her P30.00 to carry onions for him. She voluntarily went with him to a cogonal area called Sunrise-Sunset in Barangay Cutcut. There, he commanded her to undress, made her lie down, and mounted her. He inserted his penis into her vagina and made push-and-pull movements. The act was cut short when it was chanced upon by Ruben Aquino and two other policemen conducting surveillance. The policemen saw the accused naked on top of Felisa doing push-and-pull movements. The accused ran but was caught and arrested. Dr. Eugenio R. Yosuico, who examined Felisa on the same day, testified that her hymen had old healed lacerations, admitted two fingers with ease, and showed no fresh lacerations or semen. He stated these findings were incompatible with a recent rape but admitted on re-direct that rape was possible if the perpetrator had a small penis and did not ejaculate. The accused filed a Demurrer to Evidence, which was denied. After he refused to present evidence, the trial court found him guilty of statutory rape and sentenced him to reclusion perpetua and ordered him to indemnify the victim P30,000.00.

ISSUE

Whether the trial court gravely erred in finding the accused guilty beyond reasonable doubt of statutory rape under Article 335 of the Revised Penal Code.

RULING

The Supreme Court AFFIRMED the trial court’s decision in toto. The gravamen of statutory rape is carnal knowledge of a woman below twelve years of age; force, intimidation, or consent is immaterial. It was uncontroverted that Felisa was under twelve. The prosecution proved sexual intercourse through the consistent testimonies of Felisa and Ruben Aquino, who positively identified the accused. The medical findings (absence of fresh lacerations and semen) do not negate rape, as jurisprudence holds that sperm cells are not indispensable to prove rape, and the absence of fresh lacerations is explained by the doctor’s own admission that rape is possible with a small penis and without ejaculation, especially since the act was brief and interrupted. The minor inconsistencies in the witnesses’ testimonies were deemed not to affect their credibility. The court found no improper motive for the witnesses to falsely accuse the appellant. Therefore, the conviction was upheld.