People v. Siscar

 

People v. Siscar

G.R. No. 218571

June 3, 2019

FACTS:

                RTC and CA convicted the accused-appellant for the crime of rape under Art. 266-A of the RPC. AAA, upon walking toward her group’s designated meeting place, she was hit at her head from behind and felt someone punch her twice in the stomach. She was dragged to a grassy area and forced her to lie down and undressed her. He removed his maong short pants and white t-shirt, inserted his penis in her vagina and made pumping motions while kissing her lips and mashing her breast. He also forced his penis into her mouth, kissed her breast, licked her private part, and spat in her mouth.

ISSUE:

                Whether or not the CA erred in affirming the RTC

HELD:

                No. Article 266-A. Rape: When and How Committed. - Rape is committed: "1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: "a) Through force, threat, or intimidation;  AAA' s testimony was so replete with sordid details she could not have known them had she not actually experienced them. The trial court found AAA's testimony positive, straightforward, and categorical. Consequently, even standing alone, AAA's testimony is sufficient to support appellant's conviction for rape, given the intrinsic nature of the crime of rape where only two persons are usually involved. The Court has ruled that it is instinctive for a young, unmarried woman to protect her honor and it is thus difficult to believe that she would fabricate a tale of rape, allow the examination of her private parts, and permit herself to be subject of a public trial had she not really been raped. Moreover, We have consistently held that the testimony of minor victims is normally given full weight and credit.  A hymenal laceration is the best evidence of forcible sexual penetration. It does not matter whether it is healed or fresh. Indeed, when the rape victim's detailed, positive and categorical testimony about the sexual violation she experienced solidly conforms with the medical finding of hymenal laceration, the same is sufficient to support a verdict of conviction.