GR 129573; (October, 2000) (Digest)
G.R. No. 129573; October 18, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ELEUTERIO DIMAPILIS alias Jun alias Dakila alias Daky, accused-appellant.
FACTS
The accused-appellant, Eleuterio Dimapilis, the common-law husband of the victim’s mother, was charged with the rape of ten-year-old Sharon Degala Salas. The prosecution alleged that the rape occurred in June 1993 in Sta. Ana, Manila. Sharon testified that while she was asleep and alone with Dimapilis, he sexually abused her by touching her private parts and attempting to insert his penis, which caused her pain and from which he desisted. She further testified to three subsequent similar incidents in other locations where Dimapilis used a knife to threaten her. The medico-legal examination revealed a superficial old healed laceration on Sharon’s hymen. The defense, supported by the testimony of the victim’s mother, denied the charges, alleging the complaint was fabricated due to a prior grudge.
ISSUE
Whether the accused-appellant is guilty of consummated rape or a lesser offense.
RULING
The Supreme Court modified the trial court’s decision. It held that the accused-appellant is guilty only of attempted rape, not consummated rape. The legal logic is grounded on the elements of the crime and the evidence presented. For rape to be consummated under Article 335 of the Revised Penal Code, there must be proof of carnal knowledge, defined as the penetration of the female organ by the male organ, however slight. The victim’s own testimony and the medical findings established that full penetration did not occur. Sharon stated the accused tried but failed to insert his penis because she cried in pain, and the medico-legal expert opined the hymenal laceration was consistent with only slight contact or an attempted entry. Therefore, the element of penetration for consummated rape was absent. However, the accused’s overt acts—touching, kissing, and attempting insertion—constituted a direct but futile attempt to commit rape, fulfilling the elements of attempted rape under Article 6 of the Revised Penal Code. The qualifying circumstance of relationship was properly appreciated. Consequently, the death penalty was reduced to an indeterminate prison term, and the moral damages were adjusted accordingly.