GR 75267; (September, 1990) (Digest)
G.R. No. 75267, September 10, 1990
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARLOS DELA CRUZ y VENANCIO alias “BOSYO”, accused-appellant.
FACTS
On September 6, 1980, seven-year-old Brigida Venancio was walking alone in the rain in Sta. Maria, Bulacan. As she passed the Sta. Cruz Chapel, the accused-appellant, Carlos dela Cruz y Venancio, a relative, grabbed her and pulled her inside the dark chapel. He pinned her down on a pew, removed her panty and his pants, and proceeded to have carnal knowledge of her, covering her mouth and twisting her arm. The act was interrupted when two young parishioners, Luzviminda Mendoza and Marilou Carpio, entered the chapel and turned on the lights, seeing Brigida and the accused in a dazed state. Brigida later reported the incident to her mother.
Two medical examinations were conducted. An initial NBI examination concluded Brigida’s hymen was intact. A subsequent PC-CIS examination by Dr. Desiderio Moraleda found healed hymenal lacerations, concluding she was in a “non-virgin state physically.” The defense presented alibi, claiming the accused was elsewhere, and argued the medical findings negated penetration. The trial court convicted dela Cruz of rape and sentenced him to reclusion perpetua.
ISSUE
Whether the accused-appellant is guilty of consummated rape despite the initial medical finding of an intact hymen and the defense of alibi.
RULING
Yes, the Supreme Court affirmed the conviction. The Court meticulously analyzed the medical evidence, reconciling the seemingly conflicting reports. It gave greater weight to the PC-CIS findings of healed lacerations, which indicated past penetration consistent with the victim’s account. The Court explained that full vaginal penetration is not required for consummated rape; entry between the labia of the pudendum (labia majora) suffices. Given the victim’s tender age and immature physical state, her testimony describing the accused’s organ being placed into her private part was credible, even if it only constituted labial penetration.
The defense of alibi was rejected as weak and unsubstantiated, especially against the positive identification by the victim and witnesses. The Court also noted the generic aggravating circumstance of committing the crime in a place of worship (the chapel), though this did not alter the indivisible penalty of reclusion perpetua already imposed. The decision underscored the credibility of a child victim’s testimony and the legal principle that even slight penetration consummates the crime of rape.