PEOPLE OF THE PHILIPPINES, vs. ROLANDO DOMINGO y MELEBO and DANTE TAMBALO y SAPUNGGAYs.
- G.R. Number: G.R. No. 97921
- Promulgated: 1993-09-08
- Ponente: Regalado, J.
Doctrine
Virginity is not an element of the crime of rape; the newness of hymenal laceration is immaterial to consummation of rape.
A simple denial by an accused, as negative evidence, cannot prevail over positive testimony and identification of the complainant.
Findings of criminal confederacy may be supported by the chronology of events and corroborating facts showing combined efforts of the accused.
Facts
Accused Rolando Domingo and Dante Tambalo were found guilty of rape and sentenced to reclusion perpetua; the trial court awarded P20,000 moral damages and costs (later modified).
The accused were credited with the full period of detention during the pendency of the case on condition they agreed in writing to follow City Jail rules.
The trial court found that the accused, who were co-workers and townmates, conspired and mutually aided each other in the sexual assault of the complainant.
The chronology found by the trial court described a drinking spree, both men entering the complainant's room, Tambalo restraining the complainant while Domingo assaulted her; Tambalo posted himself outside the door afterwards; complainant recognized Tambalo through a hole in the door.
Issues
Whether the evidence sufficiently established the guilt of Domingo and Tambalo for rape beyond reasonable doubt.
Whether the accused acted in criminal confederacy (conspiracy) to consummate the rape.
Whether the victim's virginity or the newness of hymenal laceration is material to the consummation of the crime of rape.
Ruling
The Court affirmed the conviction of Domingo and Tambalo for rape; both sentenced to reclusion perpetua with accessory penalties and jointly and severally ordered to pay moral damages (increased by the Court to P30,000) and costs; detention credited as provided.
The Court upheld the finding of criminal confederacy based on positive testimony, identification, and the chronology of events.
The Court held that the victim's virginity is not an element of rape and that whether the hymenal laceration was newly sustained does not negate consummation of the crime.
Keywords
G.R. No. 97921, PEOPLE OF THE PHILIPPINES v. ROLANDO DOMINGO y MELEBO and DANTE TAMBALO y SAPUNGGAY, crime of rape, conspiring and confederating together, mutually helping each other, wilfully, unlawfully and feloniously, lewd designs, threats, force and intimidation, carnal knowledge, minor, 15 years of age, Article 335 of the Revised Penal Code, RECLUSION PERPETUA, accessory penalties of the law, moral damages, credibility of the participants, quantum of proof, judgment of conviction, Solicitor General, tsn february, tsn january