G.R. No. 149075; August 7, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. RODRIGO BALLENO Y PERNETES, appellant.

FACTS

The appellant, Rodrigo Balleno, was charged with the rape of his thirteen-year-old stepdaughter, Jacquelyn Balandra. The prosecution established that on March 18, 2000, inside their home in Pasay City, appellant ordered Jacquelyn’s stepsisters out of a room, touched her thighs, covered her mouth, removed her clothing, and had carnal knowledge of her against her will. Jacquelyn immediately reported the incident to friends and barangay officials, who arrested appellant. A medical examination conducted two days later revealed normal external genitalia and an intact hymen, with no spermatozoa present, but the examining physician testified that sexual abuse was still possible despite these findings.
In his defense, appellant denied the rape, claiming he was drinking at home during the alleged incident. He admitted kissing Jacquelyn but asserted she pushed him away and left. He alleged the complaint was fabricated because Jacquelyn wanted her biological father to reunite with her mother. The Regional Trial Court convicted appellant of simple rape, as the qualifying circumstance of stepparent relationship was not proven, and sentenced him to reclusion perpetua with damages.

ISSUE

Whether the trial court erred in convicting the accused-appellant of rape despite alleged inconsistencies in the victim’s testimony and the absence of conclusive medical evidence.

RULING

The Supreme Court affirmed the conviction with modification to the civil indemnity. The Court held that minor discrepancies between Jacquelyn’s sworn statement and her court testimony do not impair her credibility. Affidavits are often incomplete and are subordinate to open court declarations, where the truth is more effectively elicited. The alleged inconsistency regarding penile penetration was immaterial, as the crime of rape is consummated by the mere touching of the female labia, even without full penetration or a ruptured hymen. The intact condition of the hymen and absence of spermatozoa do not negate rape.
The Court emphasized that a medical examination and certificate are merely corroborative and not indispensable for a rape conviction. The credible, clear, and unequivocal testimony of the victim, which the trial court found to be consistent and sincere, is sufficient to establish guilt beyond reasonable doubt. The defense of denial and imputation of ill motive, unsupported by clear evidence, cannot prevail over the positive identification and testimony of the victim. The award of civil indemnity was reduced from P75,000 to P50,000 in line with prevailing jurisprudence, while the award of P50,000 moral damages was affirmed.