GR 151858; (November, 2003) (Digest)
G.R. No. 151858 ; November 27, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. JOSELITO PASCUA y TEOPE, appellant.
FACTS
Appellant Joselito Pascua was charged with the rape of Alma Agapay, a 22-year-old mental retardate, in San Pablo City in August 2000. The prosecution alleged that appellant forcibly brought Alma into an abandoned train car, tied her hands, threatened her with a knife, and had carnal knowledge of her three to four times. Alma, who had limited mobility due to a prior stroke, reported the incident to her mother a month later after exhibiting behavioral changes. A medical examination revealed a hematoma but no hymenal laceration, as Alma refused a full internal examination due to pain.
Appellant denied the accusation, claiming he did not know the victim, though he admitted seeing her in the market. The Regional Trial Court convicted him of rape, sentencing him to reclusion perpetua and ordering him to pay P50,000 in moral damages. Appellant appealed, challenging the credibility of the complainant’s testimony and the sufficiency of the prosecution’s evidence.
ISSUE
Whether the trial court erred in convicting appellant of rape based on the complainant’s testimony despite the absence of medical findings confirming full penetration.
RULING
The Supreme Court affirmed the conviction. The Court emphasized that in rape cases, the accused can be convicted solely on the victim’s testimony if it is credible, natural, and consistent. The trial court found Alma credible, noting her straightforward identification of appellant and her demeanor, which was consistent with her mental condition. The Court ruled that medical findings are not indispensable for a rape conviction. The absence of hymenal laceration or spermatozoa does not negate rape, as mere touching of the labia by the male organ constitutes consummated rape. Full penetration is not required.
The Court, however, modified the penalty. The information alleged Alma’s mental disability as an aggravating circumstance but failed to allege appellant’s knowledge of it, which is necessary to qualify the rape under Article 266-B of the Revised Penal Code. Thus, appellant was properly convicted only of simple rape, punishable by reclusion perpetua. The award of P50,000 moral damages was sustained, and an additional P50,000 as civil indemnity ex delicto was imposed, as such indemnity is mandatory upon a finding of rape.