G.R. No. 113345 ; February 9, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LEONARDO GAGTO Y GARAMPIL, accused-appellant.

FACTS

Accused-appellant Leonardo Gagto, the uncle and next-door neighbor of ten-year-old Jenneline Blanche, was charged with rape. The prosecution alleged that on the night of April 15, 1993, while Jenneline was asleep in her home, Gagto entered, removed her underwear, licked her vagina, and attempted to insert his penis. Jenneline cried out in pain, causing Gagto to stop. He then gave her twenty pesos and warned her not to tell anyone. The following morning, Jenneline disclosed the assault to her mother, revealing that Gagto had been abusing her since she was in the third grade. The incident was reported to the NBI, where a medico-legal examination was conducted.
The defense presented an alibi. Gagto, a mason-carpenter, claimed he was at home watching television until 10:00-11:00 PM on the night in question, after which he went to sleep. His wife corroborated his account, stating she was fetching water outside and later waited for their son, during which time she noticed the Blanche family’s door was already closed. They denied the allegations, suggesting the complaint was motivated by a prior misunderstanding between the families.

ISSUE

Whether the guilt of the accused-appellant for the crime of rape was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction. The Court emphasized that the credibility of the young victim’s testimony is paramount. Jenneline’s candid and consistent account, given in a straightforward manner, was deemed credible and sufficient to establish the elements of rape. The Court noted that when the victim’s testimony passes the test of credibility, it can be the sole basis for conviction. The medico-legal findings, while indicating an intact hymen with a small orifice, did not negate the commission of rape. The physician explained that full penetration is not required to constitute rape; even the slightest penetration of the labia is sufficient. The alibi presented by the defense was inherently weak and could not prevail over the positive identification by the victim. The relationship of trust as an uncle and the proximity as a neighbor provided the accused with the opportunity to commit the crime. The Court found no ill motive for the young complainant to falsely accuse her uncle, thereby upholding the trial court’s assessment of her credibility. The penalty of reclusion perpetua was affirmed, with an increase in the indemnity to P50,000.00.