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PEOPLE v. OSCAR ARANGO Y ALEGRE

This case has been cited 8 times or more.

	GR No. 176348 2009-04-16	PEOPLE v. DIONISIO CABUDBOD Y TUTOR QUISUMBING, J.
First. There is no gainsaying that medical evidence is merely corroborative, and is even dispensable, in proving the crime of rape.[25] A medical certificate is not necessary to prove the commission of rape and a medical examination of the victim is not indispensable in a prosecution for rape.[26] In the instant case, the medical evidence showed that AAA has healed hymenal lacerations at 5 o'clock and 6 o'clock positions and a scar tissue in the fossa navicularis. Indeed, this Court has sustained convictions for rape despite the fact that healed, and not fresh, hymenal lacerations were detected after an examination conducted on the same day, the following day, or three days after the commission of the rape.[27] Lacerations, whether healed or fresh, are the best physical evidence of forcible defloration.[28] Thus, the absence of fresh hymenal lacerations does not prove that appellants did not rape AAA.[29] On the contrary, the healed hymenal lacerations confirmed, rather than belied, AAA's claim that appellants have raped her even prior to October 9, 13 and 14, 2000. In fact, Dr. Castillo even testified that it is possible to have a penetration without incurring a new injury.[30]
	GR No. 182791 2009-02-10	PEOPLE v. ELISTER BASMAYOR Y GRASCILLA CHICO-NAZARIO, J.
To determine the innocence or guilt of the accused in rape cases, the courts are guided by three well-entrenched principles: (1) an accusation of rape can be made with facility and while the accusation is difficult to prove, it is even more difficult for the accused, though innocent, to disprove; (2) considering that in the nature of things, only two persons are usually involved in the crime of rape, the testimony of the complainant should be scrutinized with great caution; and (3) the evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense.[30]
	GR No. 182924 2008-12-24	PEOPLE v. JOSE PEREZ CHICO-NAZARIO, J.
As to the absence of semen in AAA's vaginal area, such would not preclude the fact that rape has been committed on AAA. The absence of spermatozoa is not a negation of rape. The presence or absence of spermatozoa is immaterial since it is penetration, not ejaculation, which constitutes the crime of rape. Besides, the absence of spermatozoa in the vagina could be due to a number of factors, such as the vertical drainage of the semen from the vagina, the acidity of the vagina, or the washing of the vagina immediately after sexual intercourse.[45] The absence of sperm samples in the vagina of the victim does not negate rape, because the absence of spermatozoa is not an element thereof.[46] It is a settled rule that for rape to be consummated, the hymen of the private complainant need not be penetrated or ruptured. It is enough that the penis reaches the pudendum, or at the very least, the labia. The briefest of contacts under circumstances of force, intimidation or unconsciousness, even without laceration of the hymen, is deemed to be rape in our jurisprudence. The mere introduction of the penis into the aperture of the female organ, thereby touching the labia of the pudemdum, already consummates the crime of rape.[47]
	GR No. 179030 2008-06-12	PEOPLE v. MARCELINO RAMOS CARPIO, J.
As provided for in the Revised Penal Code, sexual intercourse with a girl below 12 years old is statutory rape. The two elements of statutory rape are: (1) that the accused had carnal knowledge of a woman; and (2) that the woman is below 12 years of age.[12]
	GR NO. 176153 2007-09-21	PEOPLE v. OLIGARIO BALONZO CHICO-NAZARIO, J.
In determining the innocence or guilt of the accused in rape cases, the courts are guided by three well-entrenched principles: (1) an accusation of rape can be made with facility and while the accusation is difficult to prove, it is even more difficult for the accused, though innocent, to disprove; (2) considering that in the nature of things, only two persons are usually involved in the crime of rape, the testimony of the complainant should be scrutinized with great caution; and (3) the evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense.[16]
	GR NO. 173484 2007-03-20	PEOPLE v. SIMEON SUYAT Y JOSE CHICO-NAZARIO, J.
In resolving rape cases, we are guided by the following principles: (1) an accusation of rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) considering that in the nature of things, only two persons are usually involved in the crime of rape, the testimony of the complainant should be scrutinized with great caution; and (3) the evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense.[28]
	GR NO. 171020 2007-03-14	PEOPLE v. ALFREDO PANGILINAN Y TRINIDAD CHICO-NAZARIO, J.
On the third inconsistency, appellant makes a big fuss as to where appellant's sperm was ejected. Whether the sperm was ejected inside or outside the vagina of private complainant is of no moment. It is clear from the testimony of private complainant that appellant already consummated the crime of rape when the latter tried to insert his sexual organ into her vagina during the first time that he molested her because his penis already touched her hymen.[48] It is a settled rule that for rape to be consummated, the hymen of the private complainant need not be penetrated or ruptured. It is enough that the penis reaches the pudendum, or at the very least, the labia. The briefest of contacts under circumstances of force, intimidation or unconsciousness, even without laceration of the hymen, is deemed to be rape in our jurisprudence. The mere introduction of the penis into the aperture of the female organ, thereby touching the labia of the pudendum, already consummates the crime of rape.[49]
	GR NO. 166546 2006-09-26	PEOPLE v. ROGELIO ARSAYO Y LAVAQUIZ CHICO-NAZARIO, J.
To determine the innocence or guilt of the accused in rape cases, the courts are guided by three well-entrenched principles: (1) an accusation of rape can be made with facility and while the accusation is difficult to prove, it is even more difficult for the accused, though innocent, to disprove; (2) considering that in the nature of things, only two persons are usually involved in the crime of rape, the testimony of the complainant should be scrutinized with great caution; and (3) the evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense.[23]