PEOPLE OF THE PHILIPPINES , vs. PACIFICO LAZARO y REPIZO.
- G.R. Number: G.R. No. 99263
- Promulgated: 1995-10-12
- Ponente: Bellosillo, J.
Doctrine
Credibility and weight of witness testimony are largely for the trial court, which observed the witnesses' demeanor; appellate courts give high respect to such factual findings.
In rape, full or complete penetration is not essential; it suffices that there was entrance or introduction of the male organ into the labia of the pudendum, supporting conviction for statutory rape of a female under twelve.
Facts
The victim, Jocelyn, a five-year-old kindergarten pupil, testified she was raped; her testimony was supported by another young adolescent eyewitness and strengthened the prosecution's case.
The victim lived with her father Jose Lucio Lim and sibling Jefferson; a sister‑in‑law Andrea Lim lived on the ground floor with her child Mylene, a Grade VI pupil who served as an eyewitness.
The trial court convicted accused‑appellant Pacifico Lazaro (alias 'Piko') of statutory rape; the NBI medico‑legal exam found discoloration in the labia minora.
Issues
Whether the testimony of the young victim and adolescent eyewitness was sufficient to sustain conviction.
Whether the facts establish statutory rape rather than acts of lasciviousness given absence of deep vaginal injury and intact hymen.
Ruling
The Court affirmed the trial court's conviction of Pacifico Lazaro for statutory rape, finding the victim's testimony credible and corroborated; civil indemnity increased from P30,000.00 to P50,000.00.
Costs were imposed against the accused‑appellant.
Keywords
G.R. No. 99263, rape, consummated statutory rape, reclusion perpetua, moral and exemplary damages, actual damages, credibility of witnesses, testimony of a child, alibi, acts of lasciviousness, hymen intact, extragenital physical injury, proof beyond reasonable doubt, assessment of the credibility of witnesses, factual findings of the trial court, jocelyn, testimony, accused, second floor, andrea