G.R. No. 126115 January 26, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFONSO BALGOS, ALIAS “LUPOG,” accused-appellant.

FACTS

On October 8, 1995, six-year-old Crisselle Fuentes was playing at the house of the accused-appellant, Alfonso Balgos, with his two nieces. Balgos twice sent the nieces out to buy snacks, each time leaving him alone with Crisselle. Upon being left alone with her the second time, he locked the door, removed both their clothing, laid her on a mat, and went on top of her. He attempted to insert his penis into her vagina, making push-and-pull movements that caused her pain, but failed to achieve full penetration. He stopped when he saw the nieces returning. Crisselle initially did not report the incident, but her parents learned of it days later from the other children. Confronted, Crisselle confirmed the rape. A medical examination revealed a 0.2 cm laceration on her hymen.
The accused-appellant denied rape, claiming he only inserted his finger into Crisselle’s vagina because he was sexually aroused. He argued that if his penis had entered, the hymenal laceration would have been larger. He also testified that he was not alone with Crisselle, claiming other relatives were present in the house. The trial court found Crisselle’s testimony straightforward and convincing, convicted Balgos of rape, and imposed the death penalty due to the victim being below seven years old.

ISSUE

Whether the accused-appellant is guilty beyond reasonable doubt of the crime of rape.

RULING

Yes, the Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of the credibility of the child victim, whose testimony was clear, consistent, and given in a candid manner. The medical finding of a hymenal laceration, though small, corroborated her account of an attempted penetration and the pain she felt. The Court emphasized that full penetration is not required for rape to be consummated; even the slightest penetration of the labia is sufficient. The accused-appellant’s defense of mere digital insertion was rejected as a last-ditch effort to evade liability, especially since he admitted to being sexually aroused and to creating the opportunity to be alone with the victim by sending the other children away. His claim of other witnesses being present was deemed uncorroborated and self-serving. The imposable penalty under the law at the time was death, as the victim was a child below seven years old. The Court thus affirmed the death penalty and awarded moral and exemplary damages to the victim.