People v. ZZZ
G.R. No. 229862
June 19, 2019
FACTS:
The RTC
and CA convicted ZZZ for the crime of rape. In the afternoon of April 12, 2006,
AAA had fallen asleep after doing laundry, while her stepfather, ZZZ, was doing
carpentry works. Suddenly, she woke up and found ZZZ on top of her, his lower
body naked. He then sat on the floor with his penis showing and removed her
short pants and underwear, after which he went back on top of her and
masturbated. He took AAA' s hands and put them on his penis, telling her that
if she became pregnant, "he [ would] be happy."ZZZ then inserted his
penis into her vagina "and sat, kissed her face, touched her vagina, and
kissed her breast."
ISSUE:
Whether
or not CA erred in convicting the accused.
HELD:
No.
Article 266-A of the Revised Penal Code defines rape as: Article 266-A. Rape;
When and How Committed. - Rape is committed 1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances: a) Through force, threat, or intimidation; b) When the
offended party is deprived of reason or otherwise unconscious; c) By means of
fraudulent machination or grave abuse of authority; and d) When the offended
party is under twelve (12) years of age or is demented, even though none of the
circumstances mentioned above be present. 2) By any person who, under any of
the circumstances mentioned in paragraph 1 hereof, shall commit an act of
sexual assault by inserting his penis into another person's mouth or anal
orifice, or any instrument or object, into the genital or anal orifice of
another person.
Mere touching, no matter how
slight of the labia or lips of the female organ by the male genital, even
without rupture or laceration of the hymen, is sufficient to consummate rape.
The absence of fresh hymenal laceration does not disprove sexual abuse,
especially when the victim is a young girl. This Court has consistently held
that an intact hymen does not negate the commission of rape. The element of
rape does not even include hymenal laceration.
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