GR 47568; (January, 1980) (Digest)
G.R. No. L-47568. January 28, 1980.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERTO YTAC, defendant-appellant.
FACTS
On July 25, 1974, in Mati, Davao Oriental, five-year-old Mary Ann Boligao, a child who could neither walk nor talk, was left in her home under the occasional care of Macaria Sanchez and the accused, Roberto Ytac, a second cousin of the child’s mother. That afternoon, Sanchez left the house briefly to buy food, leaving Ytac alone with the child. Upon her return, Sanchez discovered Mary Ann lying on her back with blood oozing from her vagina. Ytac was squatting in front of her with his trousers’ zipper half-closed. A substance appearing and smelling like semen was found on the child’s dress near the hemline. Ytac claimed he had only given the child a banana and water. The child was rushed to the hospital where Dr. Antonio Tagabucba found a fresh hymenal laceration and erythema on the labia majora, though a spermatozoa examination yielded a negative result.
ISSUE
The core issue is whether the crime of rape was consummated, given the appellant’s contention that there was no proof of penile insertion into the victim’s vagina, as suggested by the specific location of the hymenal tear and the absence of spermatozoa.
RULING
The Supreme Court affirmed the conviction for rape. The legal logic rests on two established principles. First, under Article 335 of the Revised Penal Code, carnal knowledge with a girl under twelve years of age constitutes rape, irrespective of force, intimidation, or consent. Second, prevailing jurisprudence holds that full penile penetration is not required for consummated rape. Any penetration of the female organ, however slight, is sufficient. The Court cited People vs. Oscar, which held that insertion to any depth suffices and that the absence of seminal emission is immaterial.
Applying these principles, the Court found the circumstantial evidence compelling. The fresh hymenal laceration and erythema, as explained by the physician, could have been caused by a hard object like a penis. The presence of a semen-like substance on the dress, Ytac’s half-closed zipper, and his attempt to douse the child with water collectively supported the inference of penile contact and slight penetration. The negative spermatozoa finding does not negate rape, as established in cases like People vs. Selfaison, because emission may occur externally. The appellant’s guilt was thus proven beyond reasonable doubt. The penalty of reclusion perpetua was affirmed, with the civil indemnity increased to P12,000.