G.R. No. 139231; April 12, 2002
People of the Philippines, plaintiff-appellee, vs. Gerry Libeta y Torre, accused-appellant.

FACTS

On April 3, 1995, in Davao City, 11-year-old Jacqueline Labial was alone in her house cooking rice. Accused Gerry Libeta y Torre appeared, seized her hand, and dragged her about twenty meters away to a grassy area near ipil-ipil trees. There, he removed her panty and his own clothing, forced her to lie down, rolled up her dress, placed himself on top of her, spread her legs, and inserted his penis into her vagina, causing her great pain. The act was witnessed by Saturnino Meriales, a neighbor who had gone to check on Jacqueline after his wife observed a man with her. Meriales saw the accused on top of the girl, making a push-and-pull movement, with his penis exposed and the victim’s dress pulled up. Meriales intervened, stopped the accused, and brought both the accused and the victim to the police station. On the way, the accused asked for forgiveness. At the station, the accused admitted to the act but claimed it was only attempted rape, as he was interrupted. Jacqueline narrated her experience, and an initial examination at the Women’s Desk on the same day showed redness in her labia majora. A medical examination the following day by Dr. Danilo Ledesma found no physical injuries, lacerations, spermatozoa, or redness, indicating no forced contact. The victim’s age was established by her birth certificate. The accused denied the charge, claiming he was merely gathering leaves and was suddenly assaulted and falsely accused. The Regional Trial Court convicted him of statutory rape and sentenced him to reclusion perpetua, with civil indemnity and moral damages.

ISSUE

1. Whether the trial court erred in convicting the accused of rape despite the medical findings indicating no sexual assault.
2. Whether the accused should have been convicted only of attempted rape.

RULING

The Supreme Court affirmed the conviction. On the first issue, the Court held that the positive, categorical, and credible testimony of the victim, corroborated by an eyewitness, prevails over negative medical findings. Proof of injury is not an element of rape, and a medical examination is merely corroborative, not indispensable. The victim’s consistent testimony that she felt pain upon penetration was deemed credible. The initial finding of redness on the same day supported her account, and the subsequent negative finding a day later did not negate the crime. On the second issue, the Court ruled that the rape was consummated. The victim’s testimony that the accused inserted his penis into her vagina and she felt great pain established penetration. Mere introduction of the male organ into the labia of the female pudendum constitutes consummated rape. The accused was therefore guilty beyond reasonable doubt of statutory rape under Article 335 of the Revised Penal Code, as amended. The penalty of reclusion perpetua and the awards of civil indemnity and moral damages were affirmed.