GR 144195; (May, 2004) (Digest)
G.R. No. 144195 ; May 25, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. FLORENTINO BASCUGIN y REYES, appellant.
FACTS
The appellant, Florentino Bascugin y Reyes, was charged with the rape of his grandniece, Ivee Peñano y Hernando, a 13-year-old minor, on or about February 14, 1996, in Alfonso, Cavite. Ivee, who was somewhat mentally-retarded, testified that the appellant, then 74 years old, had raped her multiple times in 1995 and 1996. On the specific date, while she was on her way from school, the appellant invited her into his house, brought her to the toilet, undressed her and himself, and attempted to insert his erect penis into her vagina while she was seated on the toilet bowl and he was kneeling. Ivee resisted due to severe pain, and the appellant stopped. She reported the incident to her parents, who brought her for a medico-legal examination. Dr. Eduardo T. Vargas found her hymen intact, with an orifice of 2.0 cm in diameter, concluding it precluded complete penetration by an average-sized adult male organ without producing genital injury. The appellant denied the charge, claiming the complaint arose from resentment after he refused to lend money to Ivee’s parents. The Regional Trial Court found him guilty of rape and sentenced him to reclusion perpetua, ordering him to pay ₱50,000.00 as moral damages.
ISSUE
Whether the trial court erred in convicting the appellant of rape despite the medical finding of an intact hymen and the alleged improbability of the sexual act as described by the victim.
RULING
The Supreme Court affirmed the conviction with modification. It held that the absence of hymenal laceration or extragenital injuries does not negate rape, as the slightest penetration suffices and medical findings are not conclusive on courts. The Court found Ivee’s testimony credible, consistent, and sufficient to establish the crime. The appellant’s attempt at sexual intercourse, through force and intimidation, constituted rape under Article 335 of the Revised Penal Code, as amended. The Court modified the damages awarded, ordering the appellant to pay the victim ₱50,000.00 as civil indemnity, ₱50,000.00 as moral damages, and ₱25,000.00 as exemplary damages.