This case has been cited 2 times or more.
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2001-12-19 |
PER CURIAM |
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| On March 16, 1998, Lorlyn and her older sister Honeybee were left to the care of their paternal grandmother, Candelaria Dimalata, in Purok 2, Cayaga, San Fernando, Bukidnon by their mother, Lucita, as the latter had to stay for a few days in Malaybalay.[5] The next morning, March 17, 1998, while Lorlyn was still asleep and alone in the house as her sister Honeybee had to go to the bathroom, accused-appellant arrived. What transpired afterward is narrated by Lorlyn in court: "Q While you were sleeping, can you recall if you were awaken from your sleep? A Yes. | |||||
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2000-03-30 |
BELLOSILLO, J. |
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| In People v. De la Peña[11] we clarified that the decisions finding a case for rape even if the attacker's penis merely touched the external portions of the female genitalia were made in the context of the presence or existence of an erect penis capable of full penetration. Where the accused failed to achieve an erection, had a limp or flaccid penis, or an oversized penis which could not fit into the victim's vagina, the Court nonetheless held that rape was consummated on the basis of the victim's testimony that the accused repeatedly tried, but in vain, to insert his penis into her vagina and in all likelihood reached the labia of her pudendum as the victim felt his organ on the lips of her vulva,[12] or that the penis of the accused touched the middle part of her vagina.[13] Thus, touching when applied to rape cases does not simply mean mere epidermal contact, stroking or grazing of organs, a slight brush or a scrape of the penis on the external layer of the victim's vagina, or the mons pubis, as in this case. There must be sufficient and convincing proof that the penis indeed touched the labias or slid into the female organ, and not merely stroked the external surface thereof, for an accused to be convicted of consummated rape.[14] As the labias, which are required to be "touched" by the penis, are by their natural situs or location beneath the mons pubis or the vaginal surface, to touch them with the penis is to attain some degree of penetration beneath the surface, hence, the conclusion that touching the labia majora or the labia minora of the pudendum constitutes consummated rape. | |||||