People vs. Palicte

Sexual congress with a girl under twelve years old is always rape, and rape is consummated by even the slightest penetration of the labia without rupture of the hymen. The SC affirmed conviction for statutory rape under Art. 335, par. (3) of the Revised Penal Code on the victim's credible testimony of penile insertion causing pain.

On September 23, 1988, around nine o'clock in the morning, 11-year-old Edievien Bañados was playing shatung with her brothers when accused Danilo Palicte called her to go to him. He sent her brothers home and asked her to buy coke, bread, egg and cigarettes. After Edievien returned with the goods, she and Danilo stayed in the living room and drank the coke. When she was about to leave, Danilo blocked her way, closed the door, gave her a T-shirt, and brought her to his room.

Inside the room Danilo undressed her, started kissing her, forced her to lie on the bed, placed himself on top of her, and inserted his penis into her vagina for half an hour. Edievien felt pain throughout. During the act her brothers arrived outside and called her name, but she could not answer because Danilo covered her mouth with his hands. After the incident she went home and told her mother about the rape the following day.

According to Danilo, Edievien and her brother roused him from sleep that day to ask for balimbing, Edievien gave him and her brother coke to drink, and he gave her a dress. He claimed she undressed herself to try on the new dress so he left the room, and when he returned she was still naked and had not put on a dress. He said she then laid on the bed, he laid beside her and kissed her, and he held her sex organ as he masturbated but did not insert his penis inside her vagina. He added that after a while Edievien put on her clothes and went home, her mother did not confront him, but she disliked him so the case was filed.

Thereafter, on September 28, 1988, Edievien was brought by her mother Vivian Bañados to Dr. Jose Ladrido, Jr., Davao City Health Officer, for physical examination. Dr. Ladrido found Edievien still a virgin as her hymen was still intact. The RTC credited Edievien's narration as given in a straightforward, clear, detailed manner free from self-contradiction, and convicted Danilo of rape.

• Credibility: Petitioner argued that the RTC erred in giving weight and credence to the incredible and improbable testimony of Edievien.
• Intact Hymen: Petitioner argued that he could not be found guilty of rape despite the medical finding that Edievien was still a virgin with intact hymen.

• Credibility: Whether the RTC erred in giving weight and credence to the testimony of Edievien.
• Intact Hymen: Whether accused can be found guilty of rape despite the medical finding that the victim was still a virgin with intact hymen.

• Credibility: No. The victim's narration clearly established guilt beyond reasonable doubt, having been given in a straightforward, clear, detailed manner free from self-contradiction and without motive to falsely impute rape.
• Intact Hymen: Yes. Intact hymen and absence of deep penetration do not negate rape where testimony proved penile insertion causing pain, since mere entry of the labia suffices for consummated rape.

• Credibility: The SC applied the rules that a witness who testifies in a categorical, straightforward, spontaneous and frank manner and remains consistent is credible, and that testimony of a rape victim is credible where she has no motive to testify against the accused. Edievien narrated in detail how Danilo blocked the door, brought her to his room, undressed and kissed her, made her lie on the bed, and inserted his penis into her vagina for half an hour while covering her mouth as her brothers called from outside. The RTC observed the testimony was straightforward, clear, detailed, and free from self-contradiction. The records disclosed no reason why Edievien or her mother would falsely impute rape, and the SC reasoned a rape victim would not undergo public disclosure and the humiliation, anxiety and tribulation of trial if her motive was not to bring her abuser to justice.
• Intact Hymen: The SC applied Art. 335, par. (3) of the Revised Penal Code that the gravamen of statutory rape is carnal knowledge of a woman below twelve years old, with force, intimidation or physical injury immaterial, and the rule that rape is committed even with the slightest penetration. Edievien was only eleven years old when her womanhood was defiled, and she repeatedly testified Danilo inserted his penis into her vagina for half an hour causing pain. Dr. Ladrido, in medico-legal cases since 1963, testified that if the victim is a child rape can be done without full penetration, with the male organ only within the lips of the female organ. The SC held her hymenal resistance as a virgin could prevent full penetration, but penetration causing pain did occur, and mere entry of the labia or lips without rupture of the hymen or laceration of the vagina suffices for consummated rape.

• Statutory rape — Carnal knowledge of a woman below twelve years old is always rape even though force, intimidation, or the other preceding circumstances are absent; force, intimidation or physical evidence of injury is immaterial. The SC applied it because Edievien was only eleven at the time of the sexual assault.
• Credibility of rape victim — A witness who testifies in a categorical, straightforward, spontaneous and frank manner and remains consistent is credible, and testimony of a rape victim is credible where she has no motive to testify against the accused. The SC applied it to sustain Edievien's detailed, consistent narration and the absence of any motive to falsely charge Danilo.
• Slight penetration as consummated rape — Rape is committed even with the slightest penetration of the woman's sex organ; mere entry of the labia or lips of the female organ without rupture of the hymen or laceration of the vagina suffices for consummated rape. The SC applied it to hold that pain from half-hour penile insertion proved penetration despite intact hymen, possibly due to strong hymenal resistance of a virgin child.

• "Sexual congress then with a girl under twelve (12) is always rape. Force, intimidation or physical evidence of injury is immaterial." — States the controlling rule for statutory rape under Art. 335, par. (3) and why the victim's age alone makes the act punishable.
• "A witness who testifies in a categorical, starightforward, spontaneous and frank manner and remains consistent is a credible witness." — States the credibility test the SC used to sustain the 11-year-old victim's detailed narration.
• "For, rape is committed even with the slightest penetration of the woman's sex organ." — States the penetration rule that defeats the defense based on intact hymen and lack of deep penetration.
• "Mere entry of the labia or lips of the female organ without rupture of the hymen or laceration of the vagina, as in this case of Edievien, is sufficient to warrant conviction for consummated rape." — Applies the slight-penetration doctrine to the medical finding in this case.

• People vs. Puedan y Laongisip, G.R. 92586, 26 April 1991, 196 SCRA 388 — Cited as authority for the elements of rape by carnal knowledge under Art. 335, pars. (1), (2) and (3).
• People vs. Graza, G.R. 87928, 30 April 1991, 196 SCRA 512 — Cited as authority that sexual congress with a girl under twelve is always rape and force or injury is immaterial.
• People vs. de Guzman, G.R. Nos. 102409-10, 21 December 1992, 216 SCRA 754 — Cited as authority that categorical, straightforward, spontaneous, frank and consistent testimony marks a credible witness.
• People vs. Cabilao, G.R. 62999, 25 June 1992, 210 SCRA 326 — Cited as authority that testimony of a rape victim with no motive against the accused is credible.
• People vs. Alegado, G.R. Nos. 93030-31, 21 August 1991, 201 SCRA 37 — Cited as authority that rape is committed even with the slightest penetration.
• People vs. Hangdaan, G.R. No. 90035, 13 September 1991, 201 SCRA 568 — Cited as authority that mere entry of the labia without hymenal rupture suffices for consummated rape.

• Art. 335, pars. (1), (2) and (3), Revised Penal Code — Defines rape as having carnal knowledge of a woman (a) by using force or intimidation, (b) when deprived of reason or otherwise unconscious, and (c) when under twelve years of age even without the preceding circumstances. The SC applied par. (3) to hold Danilo liable for statutory rape because Edievien was eleven.