This case has been cited 2 times or more.
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2003-02-04 |
PER CURIAM |
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| With respect to Criminal Case No. 49826, relationship aggravated the commission of the acts of lasciviousness. As held in People v. Caiñgat,[46] under Article 15 of the Revised Penal Code, relationship is one of the alternative circumstances and in the crimes of rape under Article 335 and acts of lasciviousness under Article 336 of the same Code, relationship is aggravating, hence, accused-appellant must be penalized with prision correccional in its maximum period. | |||||
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2002-05-28 |
KAPUNAN, J. |
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| A I cannot remember sir. PROS. MENESES: For purposes of marking, we pray that the sworn statement of the witness be marked as Exh. 'C' and the signature as Exh. 'C- 1' for the Prosecution. COURT: Mark it. PROS. MENESES: Q So you cannot remember question No. 5. How about in Question No. 6, Please state briefly on how did these happen? and your answer: Sometime in February 1998, last month, at about 11:00 o'clock in the evening, while I and my two younger brothers, Arvin and Rodolfo Ocomen, were sleeping inside our room my father woke me up and told me to go with him downstair[s]. x x x So for can you remember the answers that you gave to Question No. 6 which is now written in Exh. 'C'? WITNESS: A Yes sir. COURT: Q Can you understand English? WITNESS: A Yes sir. PROS. MENESES: Q You still further answer in the first question No. 6 of your statement marked Exh. 'C', which I quote: 'Then he went downstair[s] to get a chord (sic) and when he came back he tied my both hands behind my back. He then ripped off my t-shirt and bra and pulled my short pants and panty down to my legs. Then I started to cry and pleaded to him not to continue his sexual desire but refused to heed my plea. Then, he laid on top of me and inserted his penis inside my vagina. After satisfying himself, he went downstair[s].' Kristine, do you still remember that is your answer? A Yes sir. Q So Kristine, do you still affirm your answers what indeed happened on February 1998 at about 11:00 o'clock in the evening when your father raped you in your residence at Brgy. Cabacaraan, San Manuel, Pangasinan? A No sir. Q What do you mean by your answer, 'No sir'? A I do not confirm it anymore, sir. Q But you made and confirmed that there was indeed a meeting at the PNP San Manuel, Pangasinan and that your testimony was reduced into writing? A Yes sir. [37] It is clear from the foregoing that the prosecution failed to elicit any statement from Kristine that would show how the alleged rape was consummated. No proof was adduced that there was even a slightest penetration of the female organ aside from a general statement that Kristine was "raped." In People vs. Caingat, [38] this Court declared that the use of the terms "sexual assault," "rape" and "carnal knowledge" in the testimony of the victim is not sufficient to establish the guilt of accused-appellant for the crime of rape. According to the Court, said statements fall short of the requirement of the law on the quantum of evidence required in the prosecution of criminal cases.[39] Elaborating on what constitutes consummated rape, the Court continued:x x x We have said often enough that in concluding that carnal knowledge took place, full penetration of the vaginal orifice is not an essential ingredient, nor is the rupture of the hymen necessary; the mere touching of the external genitalia by the penis capable of consummating the sexual act is sufficient to constitute carnal knowledge. But the act of touching should be understood here as inherently part of the entry of the penis into the labias of the female organ and not mere touching alone of the mons pubis or the pudendum. | |||||