PEOPLE OF THE PHILIPPINES, vs. ALLAN JUNIO Y CORTEZ.
- G.R. Number: G.R. No. 110990
- Promulgated: 1994-10-23
- Ponente: Bellosillo, J.
Doctrine
Rape may be committed even with the slightest insertion; lack of extensive hymenal lacerations does not preclude rape.
An alleged pardon or affidavit of desistance to justify dismissal must be made prior to institution of the criminal action; post-filing desistance is generally insufficient.
Facts
An 11-year-old girl woke up on 26 March 1992 to find herself on the living room floor without shorts and pantie, saw a naked masked man lie on top of her, and felt him insert his organ into hers; she uncovered his face and identified the neighbor Allan Junio as the assailant.
The accused argued that penetration would have caused extensive hymenal lacerations and that slight penetration (e.g., fingering) better explained the medical findings.
An affidavit of desistance was attached to a motion to dismiss filed after institution of the criminal case; the Court found the affidavit inadequate to justify dismissal.
Issues
Whether the accused is guilty beyond reasonable doubt of rape.
Whether the post-filing affidavit of desistance warranted dismissal of the rape complaint.
Ruling
The Court affirmed the conviction of accused-appellant Allan Junio for rape, sentencing him to reclusion perpetua and ordering him to pay costs.
The Court rejected the post-filing affidavit of desistance as a basis for dismissal and found it insincere, so the motion to dismiss failed.
The indemnity to the complaining witness was increased from P30,000.00 to P50,000.00.
Keywords
G.R. No. 110990, PEOPLE OF THE PHILIPPINES v. ALLAN JUNIO Y CORTEZ, rape charge, slightest insertion, physical examination, Medico-Legal Report No. M-0560-92, recent loss of virginity, healing lacerations, Complaint-Information, Regional Trial Court of San Mateo, Rizal, Br. 76, entered a plea of "not guilty", trial continued in absentia, Affidavit of Desistance, reclusion perpetua, indemnify Maryjane in the amount of P30,000.00, guilty beyond reasonable doubt, credibility of victim's testimony, statutory rape, mother, accused