GR 142561; (February, 2002) (Digest)
G.R. Nos. 142561-62; February 15, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE VELASQUEZ y LUALHATI, accused-appellant
FACTS
Accused-appellant Jose Velasquez was charged with two counts of rape against his nieces, Annie and Nancy de Guzman, aged nine and six, respectively, in December 1997. The prosecution established that Velasquez, in one instance, dragged Annie into a bedroom, made her lie down, and performed jerking motions on top of her, causing pain. In a separate incident, he brought Nancy to a banana plantation, undressed her, and inserted his penis into her vagina. Both victims testified to feeling pain and the emission of a sticky substance. Their mother discovered the assaults after noticing Nancy’s strange behavior and a reddish vagina, leading to medical examinations and police reports. The medico-legal findings indicated intact hymens with no lacerations for both girls.
ISSUE
Whether the accused-appellant is guilty beyond reasonable doubt of two counts of rape despite the medical findings of intact hymens.
RULING
Yes, the Supreme Court affirmed the conviction but modified the penalty. The Court meticulously explained that full penetration or rupture of the hymen is not an indispensable element for consummated rape. Jurisprudence consistently holds that the crime is consummated by the introduction of the male organ into the labia of the female pudendum, however slight. The mere touching or entry into the labia majora or minora, under circumstances of force or intimidation, constitutes rape. The testimonies of the child victims, which were clear, positive, and convincing, sufficiently established this essential element of carnal knowledge. The medical certificate is merely corroborative and its findings do not negate the commission of the crime when credible testimony proves penetration, however slight.
However, the Court modified the penalty from death to reclusion perpetua for each count. The qualifying circumstance of relationship, which would warrant the death penalty, was not properly alleged in the informations. The charge merely stated the accused was the “uncle” without specifying it was within the third civil degree, a requisite for the qualifying circumstance. Thus, the crimes are simple rape, punishable by reclusion perpetua. The Court affirmed the award of P50,000 civil indemnity to each victim and additionally awarded P50,000 moral damages to each for the psychological trauma suffered.