People Vs de La Pena

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FIRST DIVISION

[G.R. No. 116060. July 31, 1997.]


PEOPLE OF THE PHILIPPINES, plainti-appellee, vs. CLEMENTE
DE LA PEA alias "AYAG," defendant-appellant.

The Solicitor General for plaintiff-appellee.


Public Attorney's Office for accused-appellant.
SYNOPSIS
Clemente de la Pea alias Ayag, a 56-year old bachelor, was convicted of rape for
having carnal knowledge of 10-year old Janet Bajao on April 19, 1991. The Regional
Trial Court of Misamis Oriental sentenced him to reclusion perpetua and ordered
him to indemnify his victim P50,000.00 for moral damages and another P50,000.00
for exemplary damages and to pay the costs. On appeal to the Supreme Court,
appellant disavowed any knowledge of the crime but admitted that at the time of
the incident he was masturbating inside his hut while the victim was outside about
two arms length away. He claimed that the crime of rape was not proved. Moreover,
the victim testied that he did not insert his penis into her vagina, hence there was
no penetration.
The Supreme Court ruled that the essential requisite of carnal knowledge has been
adequately established. Statutory rape as dened in Article 335, paragraph 3 of the
Revised Penal Code is committed by having carnal knowledge of a woman under 12
years old. The penetration, no matter how slight, or mere introduction of the male
organ into the labia of the pudendum constitutes carnal knowledge. Moreover, the
Court took note of the examining physician's nding that there was penetration
since the edges of the labia minora were already gaping with redness. In view of the
foregoing, the judgment appealed from nding accused-appellant guilty of statutory
rape is affirmed.
SYLLABUS
1.
CRIMINAL LAW; STATUTORY RAPE; REQUISITES; PRESENT IN CASE AT BAR.
Clearly, the essential requisite of carnal knowledge has been adequately
established. Statutory rape as dened in Art. 335, par; (3), of the Revised Penal
Code is committed by having carnal knowledge of a woman under twelve (12) years
of age. The penetration, no matter how slight, or mere introduction of the male
organ into the labia of the pudendum constitutes carnal knowledge.

2.
ID.; PENALTY; RECLUSION PERPETUA; TERM THEREOF CLARIFIED. We
however clarify that reclusion perpetua entails imprisonment of at least thirty (30)
years. The statement in the dispositive portion of the decision of the trial court that
the penalty is equivalent to thirty (30) years gives the impression that after that
period the convict is to be immediately set free. This is not so; rather, he only
becomes eligible for pardon.
DECISION
BELLOSILLO, J :
p

CLEMENTE DE LA PEA alias Ayag, a 56-year old bachelor, was convicted of rape for
having carnal knowledge of 10-year old Janet Bajao on 19 April 1991. The trial court
sentenced him to reclusion perpetua and ordered him to indemnify his victim
P50,000.00 for moral damages and another P50,000.00 for exemplary damages,
and to pay the costs. 1
By the victim's account, while she was alone gathering rewood at about 1:00
o'clock in the afternoon of 19 April 1991 in the coconut plantation of Catalino
Ipanag in Sitio Min-abaca, Barangay South Poblacion, Medina, Misamis Oriental,
accused Clemente de la Pea suddenly came from behind and without saying a
word forcibly dragged her to a nearby hut. Once inside he undressed her and placed
himself on top of her. He masturbated and then pushed his penis into her vagina;
there was no penetration. Afterwards he handed her a P2-coin.
Since it was already lunch time Rosalie, older sister of Janet, followed her to the
plantation to fetch her. Rosalie heard some conversation coming from the hut. From
a distance of about three (3) meters she saw Janet lying down with face up while
the accused was on top of her, making push-and-pull 2 movements of his hips and at
the same time masturbating. He inserted his penis into the vagina of Janet. When
Ayag noticed the presence of Rosalie he stopped and the latter ran away and
reported the matter to her mother.
At 7:00 o'clock that evening the victim was examined by the Municipal Health
Oce. The examination revealed that her hymen was intact but there was
penetration. The hymenal tags were no longer visible due to constant rubbing of a
hard object probably an erectile penis and the edges of the labia minora were
already gaping with redness which could have been caused by an erectile penis
forced into the vagina.
The accused disavowed any knowledge of the crime but admitted that at the time of
the incident he was masturbating inside his hut while the victim was outside about
two (2) arms length away. He now prays for exoneration claiming that the crime of
rape was not proved. He capitalizes on the testimony of the victim that he did not
insert his penis into her vagina hence there was no penetration. Considering this
statement of the victim, the question now is whether accused-appellant is still liable

for statutory rape.


While the victim may have so testied, it should be remembered that she was only
ten (10) years old at the time, guileless and innocent in the ways of the world. She
must have thought that the penis of appellant merely touched her vagina and
nothing more. Indeed, she was captive of her own innocence. But we consider
significant the following narration of the witness
Q:

Can you demonstrate (to) the Honorable Court how (did) he


masturbate (sic)?

A:

Yes, sir (witness demonstrating with the use of her left index nger
representing the penis of Clemente de la Pea and with her right close
[sic] fist inserted (her) left finger (into her) right close [sic] fist. 3

Apparently her sexual awareness was still that of a child as she entertained the
notion that when appellant put his penis into her vagina that was also
masturbation. At any rate, her testimony on mere touching is just one side of the
narrative. Accused-appellant conveniently disregarded the testimony of the expert
witness. The examining physician categorically stated that there was penetration
since the edges of the labia minora were already gaping with redness. This condition
in her opinion could have been caused by an erectile penis driven into the vagina.
Moreover, the hymenal tags were no longer present due to constant rubbing of a
hard object, probably an erect penis. The medical nding that only the labia minora
was penetrated since the hymen was still intact may thus provide another
explanation for the victim's perception that there was no penetration.
cdasia

Some years back this Court was faced with a similar attack on the testimony of a
rape victim. In People v . Castillo 4 a ve-year old girl, after having been undressed
by her family's houseboy, was asked to lie on top of him. He then made a push-andpull movement. She felt his private part touch her vagina but there was no
penetration. The accused harped on this testimony to dispute his conviction for rape.
But the Court, as in the present case, was totally unconvinced. It reasoned out that

. . . when the physician's nding of penetration is corroborated by the


testimony of the victim that the appellant's private part touched her vagina,
it is sufficient to establish the essential requisite of carnal knowledge.

More so in this case when Janet's sister "saw the accused on top of her, making a
push-and-pull movement of his hips and at the same time masturbating." Clearly,
the essential requisite of carnal knowledge has been adequately established.
Statutory rape as dened in Art. 335, par. (3), of the Revised Penal Code is
committed by having carnal knowledge of a woman under twelve (12) years of age.
The penetration, no matter how slight, or mere introduction of the male organ into
the labia of the pudendum constitutes carnal knowledge.
We however clarify that reclusion perpetua entails imprisonment of at least
thirty (30) years. The statement in the dispositive portion of the decision of the

trial court that the penalty is equivalent to thirty (30) years gives the impression
that after that period the convict is to be immediately set free. This is not so;
rather, he only becomes eligible for pardon. 5
WHEREFORE, the judgment appealed from nding accused-appellant CLEMENTE DE
LA PEA alias Ayag guilty of statutory rape and sentencing him to reclusion
perpetua, to pay Janet Bajao moral damages of Fifty Thousand Pesos (P50,000.00)
is AFFIRMED. However, the amount of exemplary damages awarded by the court a
quo is reduced to Twenty Thousand Pesos (P20,000.00).
SO ORDERED.

Padilla, Vitug, Kapunan and Hermosisima, Jr., JJ ., concur.

Footnotes

1.

Decision penned by Judge Vivencio A. Galon, RTC-Br. 26, Misamis Oriental;


Records, pp. 114-115.

2.

"Dugno-dugno."

3.

TSN, 14 October 1992, pp. 12-13.

4.

G.R. No. 84310, 29 May 1991, 197 SCRA 657.

5.

People v. Penillos , G.R. No. 65673, 30 January 1992, 205 SCRA 546.

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