G.R. No. L-70574 November 27, 1987
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARMELO PATON-OG, accused-appellant.

FACTS

The prosecution established that on December 20, 1982, complainant Elvira Arias, while traveling, found herself stranded near the Biophil compound in Ipil, Ormoc City, with accused-appellant Carmelo Paton-og. Appellant offered to guide her to pedicabs. While walking together, appellant suddenly attacked her, boxing and choking her, and dragged her to nearby bushes. Despite her resistance, pleas, and physical struggle, which included biting his hand and grabbing his penis, appellant overpowered her due to the sustained physical assault. She testified that he inserted his penis into her vagina, and she lost consciousness at the point of full penetration. Upon regaining consciousness, she fled and reported the incident, leading to a medical examination that noted injuries and a vaginal canal admitting two fingers.
The defense consisted of denial and alibi. Appellant claimed he was elsewhere with friends at the time of the incident. The trial court rejected this defense, finding the complainant’s testimony credible and consistent. Appellant was convicted of rape and sentenced to reclusion perpetua, prompting this appeal.

ISSUE

Whether the accused-appellant is guilty of the crime of rape beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction. The Court meticulously addressed the core legal issue regarding the consummation of rape. Appellant contended that the complainant’s loss of consciousness at the moment of alleged full penetration created reasonable doubt. The Court clarified that full penetration is not a requisite element of rape. Legal logic establishes that the crime is consummated by the slightest penetration of the male organ within the labia of the female pudendum. Therefore, the complainant’s testimony that insertion began before she lost consciousness, coupled with the medical finding of a vaginal canal that readily admitted two fingers, sufficiently proved the element of carnal knowledge. The Court found the complainant’s testimony, despite some nebulous portions, to be credible and consistent on the crucial points of the accused’s identity and the forcible sexual assault. The weak defenses of denial and alibi, especially since appellant admitted being in the vicinity of the crime, could not overcome the prosecution’s evidence. The decision was affirmed with modification, increasing the civil indemnity to P20,000.00.