GR 182517; (March, 2009) (Digest)
G.R. No. 182517 March 13, 2009
PEOPLE OF THE PHILIPPINES, Appellee, vs. MANUEL BRIOSO y TANDA, Appellant.
FACTS
Appellant Manuel Brioso, the 53-year-old common-law husband of the victim’s mother, was charged with three counts of rape against his 13-year-old stepdaughter. The incidents allegedly occurred in February 2003 (two instances) and on December 5, 2003. The victim testified that in the first incident, appellant dragged her, removed her clothes, tried to insert his penis into her vagina for about five minutes causing her pain, but did not succeed. In the second and third incidents, appellant successfully had carnal knowledge of her. Appellant threatened to kill her and her siblings after each incident. A medico-legal certificate showed old hymenal lacerations, fresh injuries, and the presence of seminal fluid. Appellant raised alibi for the first two charges and claimed consensual sexual relations with the victim for the third. The Regional Trial Court convicted him of attempted rape for the first incident and consummated simple rape for the second and third. The Court of Appeals modified the decision, finding appellant guilty of three counts of qualified rape, ruling the first incident was consummated.
ISSUE
Whether the first incident (Criminal Case No. L-3844) constituted consummated rape or merely attempted rape.
RULING
The Supreme Court modified the Court of Appeals decision. It affirmed the conviction for two counts of qualified rape for the second and third incidents. However, for the first incident, the Court held that the prosecution failed to prove carnal knowledge beyond reasonable doubt. The victim’s testimony that appellant’s penis touched her vagina and she felt pain was insufficient to establish penetration, as the pain could have been caused by mere touching or unsuccessful attempts. The medico-legal findings did not specifically link the old hymenal lacerations to this particular incident. Therefore, appellant’s conviction for the first incident was for attempted qualified rape, not consummated rape. The penalties and awards of damages were adjusted accordingly.