G.R. No. 31075 / August 12, 1929
PEOPLE OF THE PHILIPPINE ISLANDS vs. TELESFORO APIADO

FACTS

The defendant-appellant, Telesforo Apiado, was convicted by the Court of First Instance of Nueva Ecija for the crime of rape with slight physical injuries against Pantaleona Nool, a 15-year-old girl. The act was committed against her will through violence and intimidation, resulting in slight physical injuries (inflammation and rupture of the hymen) that healed within five days without medical assistance. The trial court sentenced him to sixteen years of reclusion temporal with accessories, a P200 endowment to the offended party, support for any offspring, and costs. The defendant appealed, with his counsel finding no sufficient error but requesting a penalty reduction due to the defendant’s lack of education.

ISSUE

Whether the defendant should be separately penalized for the crime of slight physical injuries in addition to the penalty for rape.

RULING

No. The Supreme Court affirmed the trial court’s decision, imposing only the penalty for rape. The Court held that while Article 89 of the Penal Code provides for the imposition of the maximum penalty for the more serious crime when rape results in homicide or serious physical injuries, this provision does not apply to slight physical injuries, as it must be strictly interpreted. Furthermore, the slight physical injuries sustained by the victima necessary consequence of the violent act of rapeare so inherently part of the crime of rape that no additional penalty for the misdemeanor of slight physical injuries should be imposed. The penalty of reclusion temporal in its medium degree (14 years, 8 months, and 1 day to 17 years and 4 months) was correctly applied, and the appealed sentence was affirmed in its entirety.

Separate Opinion:
Chief Justice Avanceña dissented, stating that the defendant should also be sentenced for slight physical injuries.