GR 169078; (March, 2006) (Digest)
G.R. No. 169078 , March 10, 2006
People of the Philippines, Appellee, vs. Ricardo B. Miranda, Appellant.
FACTS
Appellant Ricardo Miranda was charged with the rape of five-year-old Joylene Balagtas. The prosecution evidence established that on December 28, 1996, appellant forcibly dragged Joylene into his house, pushed her to the floor, removed her panties, and attempted to insert his penis into her vagina. When unsuccessful, he inserted his finger instead. Joylene reported the incident to her mother the next day. Medical examination revealed superficial abrasions on her labia minora, with the examining physician opining that only fingers, not a penis, caused the injuries. The defense consisted of appellant’s denial and alibi, claiming he was falsely accused after a dispute with the victim’s mother. The Regional Trial Court convicted appellant of consummated rape and imposed the death penalty, which the Court of Appeals affirmed.
ISSUE
Whether the appellant is guilty beyond reasonable doubt of consummated rape, or if the evidence only supports a conviction for a lesser offense.
RULING
The Supreme Court modified the conviction from consummated rape to attempted rape. The legal logic hinges on the requisite proof for the crime charged. For rape under Article 266-A(1) of the Revised Penal Code, carnal knowledge requires the slightest penetration of the female organ by the male organ. The prosecution’s own evidence failed to establish this essential element. The victim’s testimony was equivocal on whether appellant’s penis penetrated her, and the medical findings categorically stated that the genital abrasions were caused by a finger, not a penis. The physician’s expert opinion directly contradicted a finding of penile penetration. Consequently, the evidence proved only that appellant commenced the commission of rape by overt acts—forcibly dragging the victim, undressing her, and attempting insertion—but was unable to perform all acts of execution due to his inability to achieve penetration. This constitutes attempted rape under Article 6 of the Revised Penal Code, punishable under Article 266-B. The penalty was thus reduced to an indeterminate prison term, and the awarded damages were adjusted accordingly.