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[G.R. No. 133926. August 6, 2003]



On September 26, 1996, she was 11 years old, having been born on September 26, 1985. Her mother, Celestina Dalisay, has
been working abroad, leaving her and her two siblings, Luz and Ruben, under appellants care. They reside in Barangay Pulong
Anahao, Mabini, Batangas.
In the evening of September 26, 1996, appellant arrived home from work. Lanie was then lying on bed when suddenly he
removed her pants and underwear. She resisted but he boxed her on her thigh. So when he told her to hold his penis, she
fearfully obliged. Then he touched her vagina and licked it. Thereafter, while in a kneeling position, he placed his penis at the
entrance of Lanies vagina and inserted his private organ into hers. He then proceeded to make push and pull movements
(nakanyog). Lanie felt pain, but she did not complain because she was afraid of him. When she held appellants penis and tried to
remove it, something sticky came out. Appellant then wiped his penis and Lanies vagina with a blanket. After that, he again licked her
vagina, wiped it and went to sleep.
Based on cross examination Lanie further testified that appellant has sexually abused her since she was in grade III, or in
1994. She estimated that he had raped her seventeen (17) times, although she could not remember the exact dates.. She did not tell
anyone about those previous incidents because she was afraid he would harm her, as he used to do in the past.
On September 27, Lanie went to school, her Grade V teacher, Luminada Sangcate, noticed that Lanie looked depressed that
day. When she inquired, Lanie answered that she was raped (hinalay) by her father. Immediately, Luminada reported the matter to
the school principal who, in turn, relayed the same to their Barangay Chairman.
On September 30, 1996, a meeting was held among the Barangay Chairman, the school principal, and appellants brother,
Feliciano Dalisay, who all conferred with Lanie and decided to bring her to the Mabini Police Station where she executed an affidavit
on the incident.
Incidentally, Lanies sister, Luz, also filed a complaint for acts of lasciviousness against appellant. Both sisters were brought to
the Lingap Center of Mabini for temporary custody pending the resolution of their cases.
Lucila Bacay, a Social Worker at Mabini, testified that on October 4, 1996, she interviewed the appellant and he admitted that he
raped Lanie. He explained though that he could not understand why he did it to his own daughter.
For his part, appellant denied the charge, claiming that his wifes relatives instigated Lanie to file the complaint against him
because they wanted to take from him the custody of his children which he resented.
Dr. Emma Panaligan, Medico-Legal Officer of the Batangas Regional Hospital, testified that on September 30, 1996, she
examined Lanie after the latter complained that she was raped by the appellant. She confirmed her Medico-Legal Certificate dated
October 2, 1996, stating that Lanies external genitalia is infantile and has a non-gaping labia majora; that her hymen is intact, and no
sperm cell was seen during the examination. She explained that the normal size of the penis of an adult person could not fully
penetrate Lanies vagina considering the small size and the condition of her external genitalia.
On May 5, 1998, the trial court rendered the assailed Decision convicting appellant of statutory rape.

Whether or not there is a carnal knowledge?

whether or not RUBEN DALISAY Y HERNANDEZ, the appellant committed statutory rape?


1.yes. . The presence of either hymenal laceration or spermatozoa on Lanies private part is not an essential element of
rape. In People vs. Parcia, held that the absence of sperm does not disprove the charge of rape. Likewise, in People vs. Regala,ruled
that an intact hymen does not necessarily prove absence of sexual intercourse. Similarly, in People vs. Rafales, we declared:
x x x. For rape to be committed, entrance of the male organ within the labia or pudendum of the female organ is sufficient. Rupture of
the hymen or laceration of the vagina are not essential. Entry to the least extent of the labia or the lips of the female organ is
sufficient, the victim remaining virgin does not negate rape.
carnal knowledge was consummated by the entry of the tip of appellants private organ into the labia or pudendum of
Lanies genitalia.[41] It is well-settled that full penetration is not required to consummate carnal knowledge, as proof of entrance
showing the slightest penetration of the male organ within the labia or pudendum of the female organ is sufficient.
2. No. because In People vs. Pruna, it specified that the guidelines in determining the sufficiency of evidence of the victims age
as an element of the crime or as a qualifying circumstance held that the best evidence to prove Lanies age is the original or
certified true copy of her certificate of live birth, or, in its absence, an authentic baptismal certificate or school records showing her
age. However, the prosecution failed to present any of such documents. Neither was it shown that they were lost, destroyed or
unavailable at the time of the trial. Also, the prosecution did not present Lanies mother or relatives to testify concerning her age.
Lanies testimony alone is not sufficient to prove her actual age considering that appellant did not expressly and clearly admit the
same as required in Pruna. And the fact that there was no objection from the defense regarding the victims age could not be taken
against him since it is the prosecution that has the burden of proving her age.
In view of the failure of the prosecution to prove Lanies age as alleged in the information, we hold that appellant cannot be
convicted of statutory rape. Nonetheless, he should be convicted of simple rape under paragraph 1 of Article 335 of the Revised
Penal Code, as amended, quoted earlier, and sentenced accordingly to reclusion perpetua, considering that he had carnal knowledge
of Lanie through force or intimidation. She testified that she was afraid of the appellant and succumbed to his bestial desires
because he boxed her on her thigh.
Article 335. When and how rape is committed. Rape is committed by having carnal knowledge of a woman under any
of the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age or is demented.
The crime of rape shall be punished by reclusion perpetua.

The essential elements of statutory rape are:

(1) the offender had carnal knowledge of a woman; and
(2) the woman is below 12 years of age
In this case the element of number is only present, the failure of the prosecution to prove Lanies age is absent. Thus, it cannot be
considered as staturory rape but a simple rape.
WHEREFORE, the Decision dated May 5, 1998, of the Regional Trial Court, Branch 4, Batangas City, in Criminal Case No. 8776,
is hereby MODIFIED in the sense that appellant RUBEN DALISAY Y HERNANDEZ is found GUILTY beyond reasonable doubt of simple
rape, and is hereby sentenced to suffer the penalty of reclusion perpetua and to pay the victim Ma. Lanie Dalisay P50,000.00 as civil
indemnity, P50,000.00 as moral damages, and P25,000.00 as exemplary damages.
Costs de oficio.


G.R. No. 129433

March 30, 2000

Ponente: BELLOSILLO, J.:

on 25 April 1996, at around 4 o'clock in the afternoon, Ma. Corazon P. Pamintuan, mother of four (4)-year old Crysthel
Pamintuan, went down from the second floor of their house to prepare Milo chocolate drinks for her two (2) children. At the ground
floor she met Primo Campuhan who was then busy filling small plastic bags with water to be frozen into ice in the freezer located at
the second floor. Primo was a helper of Conrado Plata Jr., brother of Corazon. As Corazon was busy preparing the drinks, she heard
one of her daughters cry, "Ayo'ko, ayo'ko!" 7 prompting Corazon to rush upstairs. Thereupon, she saw Primo Campuhan inside her
children's room kneeling before Crysthel whose pajamas or "jogging pants" and panty were already removed, while his short pants
were down to his knees. Corazon then ran out and shouted for help thus prompting her brother, a cousin and an uncle who were living
within their compound, to chase the accused. Seconds later, Primo was apprehended by those who answered Corazon's call for help.
They held the accused at the back of their compound until they were advised by their neighbors to call the barangay officials instead
of detaining him for his misdeed. In the Physical examination of the victim yielded negative results. No evident sign of extra-genital
physical injury was noted by the medico-legal officer on Crysthel's body as her hymen was intact and its orifice was only 0.5 cm. in
diameter. The trial court on 27 May 1997 found him guilty of statutory rape, sentenced him to the extreme penalty of death, and
ordered him to pay his victim P50,000.00 for moral damages, P25,000.00 for exemplary damages, and the costs.

Whether or not rape in this case was consummated?

No. Crysthel made a categorical statement denying penetration. In cases where penetration was not fully established, the
Court had anchored its conclusion that rape nevertheless was consummated on the victim's testimony that she felt pain, or the
medico-legal finding of discoloration in the inner lips of the vagina, or the labia minora was already gaping with redness, or the
hymenal tags were no longer visible. Thus, we have to conclude that even on the basis of the testimony of Crysthel alone the accused
cannot be held liable for consummated rape; worse, be sentenced to death.1wphi1
Lastly, it is pertinent to mention the medico legal officer's finding in this case that there were no external signs of physical injuries on
complaining witness' body to conclude from a medical perspective that penetration had taken place. As Dr. Aurea P. Villena explained,
although the absence of complete penetration of the hymen does not negate the possibility of contact, she clarified that there was no
medical basis to hold that there was sexual contact between the accused and the victim. 27
Under Art. 6, in relation to Art. 335, of the Revised Penal Code, rape is attempted when the offender
commences the commission of rape directly by overt acts, and does not perform all the acts of execution which should
produce the crime of rape by reason of some cause or accident other than his own spontaneous desistance. All the
elements of attempted rape and only of attempted rape are present in the instant case, hence, the accused
should be punished only for it.
The penalty for attempted rape is two (2) degrees lower than the imposable penalty of death for the offense charged, which is
statutory rape of a minor below seven (7) years. Two (2) degrees lower is reclusion temporal, the range of which is twelve (12) years
and one (1) day to twenty (20) years. Applying the Indeterminate Sentence Law, and in the absence of any mitigating or aggravating
circumstance, the maximum of the penalty to be imposed upon the accused shall be taken from the medium period of reclusion
temporal, the range of which is fourteen (14) years, eight (8) months and (1) day to seventeen (17) years and four (4) months, while
the minimum shall be taken from the penalty next lower in degree, which is prision mayor, the range of which is from six (6) years
and one (1) day to twelve (12) years, in any of its periods.

WHEREFORE, the Decision of the court a quo finding accused PRIMO "SONNY" CAMPUHAN Y BELLO guilty of statutory rape
and sentencing him to death and to pay damages is MODIFIED. He is instead found guilty of ATTEMPTED RAPE and sentenced to an
indeterminate prison term of eight (8) years four (4) months and ten (10) days of prision mayor medium as minimum, to fourteen (14)
years ten (10) months and twenty (20) days ofreclusion temporal medium as maximum. Costs de oficio.
SO ORDERED.1wphi1.nt