G.R. No. 116729 January 31, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARLON LERIO @ ROMAN, accused-appellant.

FACTS

On the evening of January 22, 1992, eleven-year-old Jennifer Soriano was intercepted by appellant Marlon Lerio while on her way to watch television. He grabbed her, covered her mouth, carried her to a secluded area with piles of cogon, and forcibly laid her down. Despite her struggles, appellant divested her of her underwear and sexually assaulted her. She was only able to escape when she heard her parents calling her name. Her parents immediately reported the incident to Barangay Captain Floro Volante. The victim’s mother, Estrelita Soriano, examined her daughter and observed redness and seminal fluid in her private parts. Dr. Perfecto Tebangin, who examined Jennifer fourteen days later, found her hymen intact but clarified that any physical injuries from the assault could have healed by that time.
The defense presented a starkly different version. Appellant claimed he merely met Jennifer that evening, held her hands, and kissed her on the lips, but did not have sexual intercourse with her. He alleged the rape charge was filed because the victim’s parents were angered by the kiss. The Regional Trial Court convicted appellant of statutory rape under Article 335 of the Revised Penal Code and sentenced him to reclusion perpetua, ordering him to pay P50,000.00 in moral damages. Appellant appealed, challenging the credibility of the prosecution’s evidence and the court’s disregard of the medical findings.

ISSUE

Whether the trial court erred in convicting the accused-appellant of statutory rape despite the defense’s challenges to the victim’s credibility and the medical certificate indicating an intact hymen.

RULING

The Supreme Court affirmed the conviction. The Court emphasized that in rape cases, the credibility of the victim’s testimony is paramount. The victim’s account was found to be clear, consistent, and credible. She provided a straightforward narration of the forcible abduction, the sexual assault, and her escape, which was corroborated by the immediate report to authorities and the physical evidence observed by her mother. The Court held that the medical certificate indicating an intact hymen is not conclusive proof that rape did not occur. The physician himself testified that a medical examination conducted fourteen days post-incident might no longer reveal injuries, and the absence of hymenal laceration does not negate sexual intercourse, especially with a child victim. The defense of mere kissing was deemed inherently weak and unbelievable compared to the prosecution’s strong evidence. The penalty of reclusion perpetua was upheld. The Court modified the damages, awarding P50,000.00 as civil indemnity and P50,000.00 as moral damages, in accordance with prevailing jurisprudence.