G.R. No. 136779; September 7, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARNEL ASUNCION Y VILLADUS, accused-appellant.

FACTS

The case involves the rape of seven-year-old Arlin Asuncion by her father, accused-appellant Arnel Asuncion. The prosecution evidence established that sometime after Christmas in 1997, in their Taguig home, the accused, while naked, ordered Arlin to remove her clothes, made her lie on a bed, and lay on top of her. He spread her legs and performed a push-and-pull movement, causing severe pain in her vagina. Arlin testified that the accused rubbed his penis against her vagina but did not insert it. Later that day, she urinated blood. She eventually disclosed the assault to her mother, Erlinda, leading to a complaint. A medico-legal examination revealed deep, healed hymenal lacerations, consistent with the insertion of a hard object like a male sex organ more than a month prior.
The defense presented only the accused, who denied the charges. He claimed an alibi, stating the family was in Caloocan on December 26, 1997, and alleged the case was fabricated by his sister-in-law, Violeta Castañeda, due to familial discord. The trial court convicted Arnel Asuncion of rape qualified by the victim’s minority and her relationship to the offender, imposing the death penalty. The case was elevated to the Supreme Court for automatic review.

ISSUE

Whether the trial court erred in convicting the accused-appellant of consummated rape despite the victim’s testimony that there was no insertion of the penis into the vagina.

RULING

The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua. The Court held that the crime of consummated rape was proven beyond reasonable doubt. Applying Republic Act No. 8353 (The Anti-Rape Law of 1997), rape is committed through carnal knowledge, which is deemed consummated by the slightest penetration of the female organ. The Court emphasized that the testimony of a child victim must be evaluated in its entirety and not with adult standards. While Arlin stated the accused “rubbed” his penis against her and did not “insert” it, her description of the accused lying on top of her, spreading her legs, and the painful push-and-pull movement, coupled with the medical finding of deep hymenal lacerations, conclusively established that penetration, however slight, had occurred. Jurisprudence holds that entry to the least extent of the labia is sufficient for consummation.
The qualifying circumstances of the victim being under eighteen and the offender being a parent were duly proven, warranting the death penalty under the law. However, in line with the prevailing rule at the time requiring a vote of the Court en banc for the imposition of the death penalty, and in the absence of sufficient votes for its affirmation, the penalty was reduced to reclusion perpetua. The accused’s denial and alibi were rejected as weak defenses that could not overcome the positive and credible testimony of the victim. The Court also awarded civil indemnity, moral damages, and exemplary damages to the victim.