GR 186496; (August, 2009) (Digest)
G.R. No. 186496 ; August 25, 2009
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. DANTE GRAGASIN y PAR, Accused-Appellant.
FACTS
On the evening of September 23, 2001, nine-year-old AAA went to her grandmother’s house. Finding only the accused-appellant, Dante Gragasin, a helper residing there, he grabbed her, brought her to the kitchen, and removed her shorts and underwear. He then laid on top of her and inserted his penis into her vagina. AAA resisted, pushing him off the bed. When her grandmother arrived and turned on the lights, AAA managed to put on her clothes and flee. She immediately reported the rape to her mother, BBB, who had followed her and witnessed AAA hurriedly dressing. A medico-legal examination confirmed contusions on AAA’s labia majora, consistent with penetration by a blunt object like a penis, though no hymenal laceration was found.
The accused-appellant was charged with rape. The Regional Trial Court convicted him, a decision affirmed by the Court of Appeals. He appealed to the Supreme Court, arguing the prosecution failed to prove his guilt beyond reasonable doubt, citing alleged inconsistencies in the testimonies of AAA and her mother and the absence of hymenal laceration.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of accused-appellant Dante Gragasin for the crime of rape.
RULING
The Supreme Court denied the appeal and affirmed the conviction. The Court held that the testimony of the victim, AAA, was credible, straightforward, and consistent. Minor inconsistencies in the testimonies of a child witness do not weaken credibility but even enhance it, as they indicate spontaneity and lack of rehearsal. The Court emphasized that the credibility of a rape victim, especially a minor, is of utmost importance. The medical findings, particularly the contusions on the labia majora, corroborated AAA’s account of sexual assault. The absence of hymenal laceration is not indispensable for a rape conviction, as penetration alone, even without full entry or rupture, is sufficient. The force and intimidation were inherent in the situation, given the victim’s tender age and the accused-appellant’s position as an adult helper in the household. The defense of denial could not prevail over the positive and categorical identification by the victim. The penalty of reclusion perpetua was affirmed, and the awards of civil indemnity and moral damages were sustained.