G.R. No. 122423 June 17, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ILDEFONSO PUERTOLLANO y DELA CRUZ, accused-appellant.

FACTS

Accused-appellant Ildefonso Puertollano was convicted by the Regional Trial Court of Laguna for the rape of his ten-year-old daughter, Mary Joy, and sentenced to death. The prosecution established that on July 19, 1994, in Calamba, Laguna, the appellant, while intoxicated, ordered his daughter to stay home from school. After she complied and later washed dishes, he forced her to close the house doors and windows. He then ordered her to remove her skirt. When she refused and fled to a nearby uncle’s house, he called her back. Upon her return, he forced her to undress, laid her on a bench, and attempted to insert his penis into her vagina. Mary Joy testified to experiencing excruciating pain from his five vigorous attempts, causing her to move aside. Her uncle, Jose Fernandez, witnessed the assault through a hole in the wall and intervened by shouting, prompting appellant to stop. A medical examination revealed abrasion and hyperemia on the victim’s vulva and blunted hymen edges, consistent with attempted penetration.

ISSUE

The core issues are: (1) whether the trial court erred in crediting the testimonies of the prosecution witnesses, and (2) whether the crime committed was consummated rape or merely attempted rape, given the victim’s account that full penetration did not occur.

RULING

The Supreme Court affirmed the conviction but modified the penalty. On the first issue, the Court found the testimonies of Mary Joy and Jose Fernandez credible and consistent. The medical findings corroborated the sexual assault, as the blunted hymen and injuries were indicative of attempted penetration, which is sufficient for rape. The defense’s attack on the uncle’s eyesight was deemed inconsequential, as his proximity to the scene allowed for a clear view of the criminal act. On the second issue, the Court clarified that full penetration is not required for consummated rape; the mere introduction of the male organ into the labia of the female genitalia, or even an attempt thereof that causes injury, constitutes consummation. Here, the medical evidence and the victim’s account of pain and the appellant’s actions established consummated rape. However, the death penalty was reduced to reclusion perpetua because the information, while stating the victim was a minor, failed to specifically allege her exact age of ten years. For the imposition of the death penalty under Republic Act No. 7659, qualifying circumstances like minority and relationship must be both alleged with particularity and proven. This omission constituted a failure to adequately inform the accused of the capital charge, warranting the reduced penalty. The Court also awarded moral damages.