G.R. No. 179031 ; November 14, 2012
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. BENJAMIN SORIA y GOMEZ, Accused-Appellant.

FACTS

Accused-appellant Benjamin Soria was charged with the rape of his seven-year-old daughter, AAA. The prosecution alleged that on February 26, 2000, in Quezon City, after AAA rested in a bedroom, appellant entered, positioned himself on top of her, removed her clothes, and inserted his penis into her vagina. AAA felt intense pain and bled afterward, prompting her to report the incident to her aunt. A medico-legal examination, however, concluded AAA was in a “virgin state physically” with no external signs of physical trauma. Appellant denied the accusation, claiming it was fabricated by his wife after he confronted her about an alleged affair.

ISSUE

Whether the Court of Appeals correctly affirmed appellant’s conviction for rape despite the medical findings and his defense of denial.

RULING

The Supreme Court affirmed the conviction but modified the crime to acts of lasciviousness. The Court upheld the credibility of AAA’s clear and consistent testimony, which was corroborated by her brother who witnessed the incident. The medico-legal finding of an intact hymen does not negate rape, as penetration is consummated even by the slightest entry of the male organ. However, the Court agreed with Justice Brion’s dissenting opinion that the evidence established only acts of lasciviousness, not rape through sexual assault. The acts of mounting his daughter and removing her clothes demonstrated lewd design, but the prosecution failed to prove beyond reasonable doubt the element of penetration required for rape. Appellant’s moral ascendancy as a father supplied the requisite force and intimidation. Consequently, the Court found appellant guilty of the lesser crime of acts of lasciviousness under Article 336 of the Revised Penal Code, sentencing him to an indeterminate penalty and awarding civil indemnity, moral damages, and exemplary damages to AAA.