GR 98433; (October, 1993) (Digest)
G.R. No. 98433 October 5, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SOFIO MOHADO Y GARBO, accused-appellant.
FACTS
Mutya Ebarvia, a 14-year-old girl, was alone in her house in Barangay Balubad, Lumban, Laguna, on the afternoon of July 11, 1990. She was awakened from sleep by Sofio Mohado, her 22-year-old neighbor, who kissed her. When she resisted, he slapped her twice, boxed her abdomen causing her to faint, and undressed her. She regained consciousness when she felt him penetrate and rupture her maidenhead, causing pain. She was gagged with a cloth. After the act, Mohado stated he was under the influence of marijuana and threatened to kill her and her family if she reported it. Mutya immediately reported the rape to her mother, Evelyn Ebarvia, upon her return that night. They reported to the police the next day, and Mutya was medically examined. Dr. Lorna Labutong found no external injuries but noted two healed lacerations in Mutya’s hymen, indicating penetration by a blunt object. No spermatozoa were found. Mohado denied the rape, claiming he and Mutya were sweethearts and were only kissing when her mother discovered them. He was convicted of rape by the Regional Trial Court and sentenced to reclusion perpetua and indemnity.
ISSUE
Whether the trial court erred in convicting accused-appellant Sofio Mohado of rape based on the credibility of the prosecution witnesses and the sufficiency of the evidence.
RULING
The Supreme Court affirmed the conviction. The minor inconsistencies in the testimonies of Mutya and her mother, who had limited education, did not detract from their essential truthfulness and were indicative of a lack of fabrication. The absence of external injuries does not negate rape where force or violence is otherwise established. The healed lacerations in the hymen, consistent with the bloodied panty submitted as evidence, corroborated penetration. The absence of spermatozoa does not disprove rape, as emission is not an element; penetration is sufficient. The trial court’s assessment of witness credibility is accorded great respect. The defense of a sweetheart relationship was unsupported and self-serving. The penalty of reclusion perpetua was upheld, but the civil indemnity was increased to P30,000.00.