GR 99263; (October, 1995) (Digest)
G.R. No. 99263 October 12, 1995
People of the Philippines, plaintiff-appellee, vs. Pacifico Lazaro y Repizo, defendant-appellant.
FACTS
The accused-appellant, Pacifico Lazaro, lived next door to the Lim family. On July 20, 1989, he entered the Lims’ two-story house. He first made improper advances towards Mylene Lim, a Grade VI pupil, on the ground floor. After being rebuffed, he proceeded upstairs where he found six-year-old Jocelyn Lim lying on a bed. He lifted her skirt, removed her panties, and proceeded to insert his erect penis into her vagina. Jocelyn cried in pain and struggled. The act was witnessed by Mylene, who had gone upstairs to look for Lazaro and saw him on top of Jocelyn. Mylene alerted Jocelyn’s brother, Jefferson, who confronted Lazaro. A medical examination by the NBI revealed Jocelyn’s hymen was intact but found discoloration on her labia minora, which the doctor testified could indicate attempted penetration.
ISSUE
The core issue is whether the accused-appellant is guilty of consummated statutory rape despite the victim’s intact hymen and the defense of alibi and alleged inconsistencies in the prosecution’s narrative.
RULING
The Supreme Court affirmed the conviction for statutory rape. The Court upheld the trial court’s assessment of the credibility of the child victim, Jocelyn, and the adolescent eyewitness, Mylene. Their testimonies were found to be consistent, straightforward, and credible. The defense of alibi was properly rejected for being weak and unsubstantiated. On the legal sufficiency of the evidence for rape, the Court clarified that full penetration or the rupture of the hymen is not an essential element of the crime. Statutory rape is consummated by carnal knowledge, which is defined as the slightest penetration of the female organ. The medical finding of discoloration on the labia minora corroborated Jocelyn’s testimony of penetration, however slight. Therefore, the crime was consummated. The appellant’s arguments regarding the victim’s failure to shout and alleged inconsistencies were deemed inconsequential and did not cast doubt on the proven fact of sexual intercourse with a child below twelve. The appealed decision was affirmed with a modification increasing the civil indemnity to P50,000.00.