GR 142861; (December, 2001) (Digest)
G.R. No. 142861 ; December 19, 2001
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROGELIO OMBRESO y MUTIA ALIAS “ROWING,” accused-appellant.
FACTS
The accused-appellant, Rogelio Ombreso, was charged with the rape of his six-year-old niece, Lorlyn Dimalata. The prosecution evidence established that on March 17, 1998, in San Fernando, Bukidnon, the victim was sleeping in her grandmother’s house when Ombreso arrived. He removed her panty, placed himself on top of her, and made thrusting motions with his penis against her vaginal area, causing her pain. The victim’s elder sister, Honeybee, witnessed the act through a hole in the door and testified to seeing Ombreso on top of her sister. The victim’s mother, Lucita, learned of the incident days later and had the child medically examined. The defense consisted of denial and alibi, claiming Ombreso was elsewhere at the time.
ISSUE
The core issue is whether the prosecution proved beyond reasonable doubt the crime of rape, specifically the element of carnal knowledge, given the victim’s testimony that the accused’s penis was touching the external part of her vagina.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court held that the crime committed was rape under Article 335 of the Revised Penal Code, as amended by R.A. No. 7659 . The legal logic centered on the interpretation of “sexual intercourse” or “carnal knowledge” in statutory rape cases involving a child below twelve. The Court ruled that full penetration of the female organ is not required. The law is satisfied by proof of the entry of the male organ into the labia of the female organ, or even its mere touching thereof, as the act constitutes rape through force or intimidation under the first circumstance of Article 335. The victim’s clear and consistent testimony, corroborated by her sister, established that Ombreso’s penis touched and pushed against her vaginal opening. This, coupled with the age of the victim, constitutes consummated rape. The Court found the victim’s testimony credible and the defense of alibi weak. However, the death penalty was reduced to reclusion perpetua as the information failed to allege the victim’s minority and her relationship to the accused with the requisite specificity to qualify the crime for the supreme penalty. The awards of civil indemnity and moral damages were affirmed.