People v. ZZZ

 

People v. ZZZ

G.R. No. 229862

June 19, 2019

FACTS:

                The RTC and CA convicted ZZZ for the crime of rape. In the afternoon of April 12, 2006, AAA had fallen asleep after doing laundry, while her stepfather, ZZZ, was doing carpentry works. Suddenly, she woke up and found ZZZ on top of her, his lower body naked. He then sat on the floor with his penis showing and removed her short pants and underwear, after which he went back on top of her and masturbated. He took AAA' s hands and put them on his penis, telling her that if she became pregnant, "he [ would] be happy."ZZZ then inserted his penis into her vagina "and sat, kissed her face, touched her vagina, and kissed her breast."

ISSUE:

                Whether or not CA erred in convicting the accused.

HELD:

                No. Article 266-A of the Revised Penal Code defines rape as: 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; b) When the offended party is deprived of reason or otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; and d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. 2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

                Mere touching, no matter how slight of the labia or lips of the female organ by the male genital, even without rupture or laceration of the hymen, is sufficient to consummate rape. The absence of fresh hymenal laceration does not disprove sexual abuse, especially when the victim is a young girl. This Court has consistently held that an intact hymen does not negate the commission of rape. The element of rape does not even include hymenal laceration.