GR 228947; (June, 2020) (Digest)
G.R. No. 228947 , June 22, 2020
People of the Philippines, Plaintiff-Appellee, vs. Julieto Agan a.k.a. “Jonathan Agan”, Accused-Appellant.
FACTS
On January 22, 2011, around 4:30 a.m., AAA was walking home in Iligan City when accused-appellant Julieto Agan followed her, declared a hold-up, and poked a handgun at her. Under threat of death, he took her Samsung cellphone worth Php10,000.00. Not satisfied, he fondled her, pulled her to a grassy area, ordered her to lie down, drew up her skirt, removed her panty, and took off his own pants. He placed himself on top of her and tried to insert his penis into her vagina but failed because it was not fully erect. After several attempts, he gave up, dressed, and let her go. AAA reported the incident, and a medical examination conducted on the same day showed no laceration, erythema, or abrasion in her vaginal orifice but found a grass stalk and seeds near her anus. Accused-appellant denied the charges, presenting alibi and defense witnesses, while the prosecution presented AAA’s positive identification and the testimony of a police officer confirming her identification.
ISSUE
Whether the Court of Appeals correctly found accused-appellant guilty beyond reasonable doubt of the crime of Robbery with Rape.
RULING
Yes. The Supreme Court affirmed the CA decision convicting accused-appellant of Robbery with Rape. The Court held that the credibility of AAA’s positive identification, affirmed by both the RTC and CA, prevails over the accused’s denial and alibi. It ruled that rape is consummated by the slightest penetration of the labia, and the inability to maintain an erection or achieve full penetration is immaterial. The medical finding of no laceration does not negate rape. The crime committed is the special complex crime of Robbery with Rape under Article 294 of the Revised Penal Code, punishable by reclusion perpetua without eligibility for parole. The Court modified the awards, ordering accused-appellant to pay AAA Php50,000.00 as civil indemnity, Php50,000.00 as moral damages, and Php10,000.00 as actual damages.