G.R. No. 94549, August 9, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RICKY SUETA, accused-appellant.

FACTS

On December 30, 1989, in Roxas City, accused-appellant Ricky Sueta was charged with the rape of five-year-old Goldie Ruth T. Fuentes. The complaint was filed by the victim’s grandmother and guardian, Fedelina A. Tan. The prosecution’s evidence established that at around noon on said date, the victim and her playmate were playing in a hut when Sueta, who was lying down, asked them to play a game. He pulled down the victim’s panties, inserted his penis into her vagina, and moved his body sideways, causing her pain and making her shout. A witness, Lolito Obligacion, shouted a warning that the grandmother was coming, prompting the victim to run to her. Upon reaching home, the victim complained of pain and revealed that Sueta had inserted his “bird” into her “flower.” She was examined by her aunt (a nurse) and uncle (a physician), who observed a laceration, redness, and swelling in her labia minora. She was subsequently brought to the hospital for a pelvic examination by Dr. Ma. Lourdes Lanada, who found a 1 cm. old healed laceration on the right labia minora, an open but intact hymen, and no spermatozoa. Sueta was apprehended at the scene hours later. During the trial, the victim, despite her tender age, gave a clear and consistent account of the assault. Sueta denied the rape, claiming he was sleeping in the hut and was awakened by the playing girls, and that the victim fell on her buttocks when leaving. The Regional Trial Court convicted Sueta of rape and sentenced him to imprisonment for life (reclusion perpetua), indemnity of P25,000.00, and reimbursement of P7,000.00 for private prosecutor’s fees.

ISSUE

Whether the trial court erred in convicting accused-appellant Ricky Sueta of rape based on the credibility of the prosecution’s witnesses, particularly the testimony of the five-year-old victim, and despite the defense’s denial and the medical findings.

RULING

The Supreme Court AFFIRMED the conviction with MODIFICATIONS. The Court upheld the trial court’s assessment of the witnesses’ credibility, emphasizing the natural advantage of the trial judge in calibrating evidence. It ruled that the victim’s testimony, given in clear and unambiguous terms for a child of her age, was credible and sufficient to establish the crime. The Court noted that at her tender age, she could not have fabricated a tale of sexual assault. The testimony was corroborated by the immediate complaint to her grandmother, the physical examination findings (laceration, redness, swelling), and the warning shout from a witness. The medical certificate, showing an old healed laceration and an open but intact hymen, was consistent with the victim’s account and the recent nature of the assault. The Court reiterated that the mere penetration of the labia majora consummates rape, and the absence of spermatozoa or fresh lacerations does not negate its commission. The defense of denial could not prevail over the positive identification and credible testimony of the victim. However, the Court modified the penalty to expressly state reclusion perpetua (not life imprisonment) and increased the civil indemnity to P50,000.00 in line with prevailing jurisprudence for rape of a child below twelve.