G.R. No. 137047; October 15, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEJANDRE DE LOS SANTOS Y RENEGADO, accused-appellant.

FACTS

Accused-appellant Alejandre de los Santos, the 68-year-old maternal grandfather of the 12-year-old complainant Janeth Narito, invited her on December 8, 1997, to go to Naga City to look for bicycle parts. After various errands, they checked into Fiesta Hotel. Inside their room, accused-appellant removed his pants and shorts, forcibly pulled Janeth towards the bed, removed her shorts, and forced her to sit on his lap facing him. He pressed his penis against her private parts and, using his hands to open her vagina and hold his penis, succeeded in partially penetrating her. Janeth cried throughout the ordeal. They were later apprehended by SPO2 Armando Ayo after a report of a child being abused at the hotel. A medical examination revealed healed hymenal lacerations and pain on pressure over the vaginal opening. Accused-appellant was charged with incestuous rape. The Regional Trial Court convicted him and sentenced him to death.

ISSUE

Whether the trial court erred in convicting accused-appellant of incestuous rape despite his arguments challenging the credibility of the victim’s testimony and the physical evidence.

RULING

The Supreme Court affirmed the conviction with modification. The Court held that the victim’s candid and straightforward testimony, corroborated by the medico-legal findings of partial penetration and pain, proved the crime beyond reasonable doubt. The Court rejected accused-appellant’s arguments, noting that the mere introduction of the penis into the labia of the pudendum consummates rape, and the presence of healed lacerations does not negate the crime. The qualifying circumstances of minority and relationship were sufficiently alleged and proven, warranting the death penalty. The Court modified the damages, ordering accused-appellant to pay the victim P75,000 as civil indemnity, P50,000 as moral damages, and P25,000 as exemplary damages.