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It is settled that carnal knowledge is consummated by the mere touching of

People v Silvano | June 29, 1999 | Per Curiam the woman's labia of the pudendum by the male sex organ. The briefest
contact of penile invasion is as serious as full penetration and thus, rapture of
Nature of Case: Appeal on a charge of Qualified Rape of an Underaged Relative the hymen is not required.
Digest maker: Lorenzo Jose C. Martinez c. Defendant’s contentions alleging the impossibility of the crime do not hold
i. There is no rule that rape can be committed only in seclusion.
SUMMARY: David Silvano was charged with raping Sheryl – his daughter under 18 years ii. The length of time of the series of acts only strengthen the victim's
of age – with the use of force and intimidation. The lower court convicted appellant of the credibility – erasing suspicions of a rehearsed testimony.
crime charged, sentenced him to suffer the penalty of death, and ordered him to indemnify iii. If at some point Sheryl stopped resisting, it is not unreasonable to
the victim. Thus, automatic review of the case followed – the resolution to which was conclude that the fear is still there or that fatigue had intervened.
affirmed with modifications. There is no dispute that the elements of rape of an underage d. Many rape victims never complain or file charges against their rapists. They
relative occurred, and that the defendant’s arguments attacking the possibility of the crime prefer to bear the ignominy and pain rather than reveal their shame to the
or the defendant’s behavior do not hold. world or risk rapists making good their threats to kill or hurt their victims.

DOCTRINE: There is no rule that rape can be committed only in seclusion. Lack of 2. WON the penalty prescribed by the lower court is appropriate – YES
resistance or immediate action does not constitute consent or condone the offense. a. There is no dispute that appellant is the father of the victim… Death being a
single indivisible penalty and the only penalty prescribed by law for the
FACTS: given circumstances, the court has no option but to apply the same regardless
· Sheryl Silvano is the legitimate daughter of David Silvano y Hayag. She was born in of any attending mitigating or aggravating circumstances
January 1980, sister to two younger brothers – one of whom is tone deaf. b. Four justices of the Court have continued to maintain the unconstitutionality
· On January 23, 1996 at 10:30 in the evening, while Sheryl was sleeping in her room of Republic Act 7659 insofar as it prescribes the death penalty; nevertheless
at Scout Rallos, Quezon City, she was awakened by her father, who started scolding they submit to the ruling of the majority – that the death penalty can be
Sheryl for her coming late. Apparently tipsy, he proceeded to undress Sheryl – a lawfully imposed in the case at bar.
punishment she had been experiencing from David since she was 13 years old. He
proceeded to rape her for 40 minutes. RULING: conviction AFFIRMED with MODIFICATIONS: that appellant is ordered to pay his
· On February 12, Sheryl could no longer bear the punishment in the form of sexual daughter P75,000.00 as civil indemnity, in addition to the moral damages of P50,000.00 awarded by
abuse, and left their house at Scout Rallos, Quezon City, and stayed at her maternal the trial court. Awards for exemplary damages deleted for lack of legal basis.
grandmother's house at Scout Lozano, Quezon City.
· When she was asked to go back to her parents' house at and settle her differences with NOTES:
the accused, Sheryl confided to her mother and grandmother the real reason why she Three principles in the review of Rape Cases:
did not like to go back to their house. a.) An accusation for rape can be made with facility; it is difficult to prove but more difficult
· She was examined by a physician, who declared that she was physically non-virgin for the person accused, though innocent, to disprove;
· The amended complaint filed before the lower court charged David with raping Sheryl b.) In view of the intrinsic nature of the crime of rape, where only two persons are usually
– his daughter under 18 years of age – with the use of force and intimidation. involved, the testimony of the complainant is scrutinized with extreme caution; and
· The lower court convicted appellant of the crime charged, sentenced him to suffer c.) The evidence of the prosecution stands or falls on its own merits and cannot be allowed to
the penalty of death, and ordered him to indemnify the victim. draw strength from the weakness of the defense.
· Automatic appeal was raised to this court. Among other arguments, the possibility of
the commission of rape was questioned given that: Section 11, Republic Act (R.A.) 7659 (relevant portion cited by case):
o the victim's two younger brothers, who were sleeping in the same room, The death penalty shall also be imposed if the crime of rape is committed with any the
would have been awakened as soon as the struggle occured; following attendant circumstances:
o that at about 10:30 pm, people are not yet soundly sleep; xxx 1.) When the victim is under eighteen (18) years of age and the offender is a parent,
o that it is unusual for him to scold the victim before raping her, as it would ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil
create noise; degree, or the common-law spouse of the parent of the victim;
o that it is impossible that it would have lasted 40 minutes in the area.
· Later on, it was also added that the victim offered only a token resistance when the On qualified rape of an underaged relative (as mentioned in the case)
alleged acts were done, and that Sheryl’s silence until she was confronted are In proving such a felony, the prosecution must allege and prove the ordinary elements of
inconsistent with the behavior of a rape victim. 1) sexual congress, 2) with a woman, and 3) by force and without consent,
In order to warrant the imposition of death penalty, the additional elements that
ISSUES & RATIO: 4.) the victim is under 18 years of age at the time of the rape and
1. WON the felony of qualified rape of an underaged relative was committed – YES 5.) the offender is a parent (whether legitimate, illegitimate or adopted) of the victim should
a. All such elements to prove existence of the felony are undisputedly present also be alleged and proven.
in this case, as evidenced by her detailed testimony, and as corroborated by
the medical findings of the physician who examined her.
His excuse regarding support is non-sequitur.
The fact that he supports her does not give him the license to rape
her. It is his obligation to give support to her daughter as provided in
Article 195(2,3) as well as his right and duty under Article 220(1) of
the Family Code

The victim testified that appellant told her that she will be punished
for coming home late at night and the punishment is to have sex
with him. This ratiocination is the product of a sick mind of an
equally sick parent who does not deserve to be such. It is clear from
the provisions of Article 209 of the Family Code that from the mere
status of being a parent flows one’s “natural right and duty” not only
of the “caring for” and the “rearing of” their unemancipated children
but above all “the development of their moral, mental, and physical
character and well-being.” Although the Family Code recognizes the
parents’ rights and duties to “impose discipline” on their
unemancipated children; “supervise their activities, recreation and
association with others x x x; and prevent them from acquiring
habits detrimental to their x x x morals,”not authorize them to force their offspring to
copulate with them
under the mask of discipline, or invade their honor and violate their
dignity nor does it give them the license to ravish the product of
their marital union.

Appellant’s way of punishment comes not in the

form of correction but of an insane sexual gratification. Sex with
one’s own child is per se abhorrent and can never be justified as a
form of parental punishment.