PEOPLE OF THE PHILIPPINES, vs. DANILO PALICTE.
- G.R. Number: G.R. No. 101088
- Promulgated: 1994-01-27
- Ponente: Bellosillo, J.
Doctrine
The victim's honest and consistent public complaint is a strong indicium of credibility and absence of a motive to falsely impute rape.
Rape may be committed without full penetration; slightest penetration (interlabial entry) suffices to constitute rape even if the hymen remains intact.
Where the victim repeatedly testifies to penile insertion and consequent pain, such testimony can establish penetration sufficient for rape despite strong hymenal resistance in a virgin child.
Facts
Danilo Palicte was convicted by the trial court of rape and sentenced to reclusion perpetua; he appealed to the Supreme Court.
On 23 September 1988, eleven-year-old Edievien Bañados was induced by Palicte to go to his home; after giving her a T-shirt he brought her to his room, undressed her, kissed her, forced her onto a bed and inserted his penis into her vagina for about half an hour.
Medical examination found the victim a virgin with an intact hymen, but she repeatedly testified to penile insertion and pain from the act.
Issues
Whether the conviction for rape is supported by the evidence despite the victim's intact hymen and lack of deep penetration.
Ruling
The Supreme Court affirmed Palicte's conviction for rape; the Court held guilt proved beyond reasonable doubt and modified the judgment to award the victim P30,000.00 civil indemnity with costs against the accused.
Keywords
G.R. No. 101088, rape, reclusion perpetua, statutory rape, carnal knowledge, Article 335, paragraph (3) Revised Penal Code, under twelve (12) years of age, force or intimidation, deprived of reason or otherwise unconscious, testimony of a rape victim is credible, no deep penetration, hymen still intact, sexual intercourse, interlabia, penile penetration, slightest penetration, consummated rape, civil indemnity, vagina, people