Case Digest (G.R. No. 228947)
Facts:
People of the Philippines charged Julieto Agan a.k.a. "Jonathan Agan" with Robbery with Rape arising from an incident on January 22, 2011 in Iligan City where the victim was accosted at gunpoint, had her Samsung cellphone taken (PHP 10,000), and was forced to lie down while the accused attempted sexual intercourse. The victim identified the accused, medical examination at 8:15 a.m. showed no laceration or abrasion but noted grass stalk and seeds near the anus, and the accused denied the charge and offered alibi witnesses.
The Regional Trial Court convicted for Robbery with Attempted Rape; the Court of Appeals modified the conviction to Robbery with Rape and imposed reclusion perpetua with damages; the case was elevated on automatic review to the Supreme Court.
Issues:
- Did the Court of Appeals correctly find accused guilty beyond reasonable doubt of Robbery with Rape?
- Does the absence of full penile erection and lack of vaginal injury preclude consummation of rape where the penis contacted the victim’s labia?
Ruling:
The appeal was dismissed and the Court affirmed the Court of Appeals' conviction of Robbery with Rape while modifying the award of damages. The Court held that the rape was consummated despite the accused’s failure to attain full erection and despite absence of hymenal or vaginal injury, and ordered payment of PHP 75,000 as civil indemnity, PHP 75,000 as moral damages, PHP 75,000 as exemplary damages, and PHP 10,000 as actual damages, with six percent interest from finality.
Ratio:
The Court deferred to the trial court’s and CA’s credibility findings, noting the victim’s positive identification under adequate lighting and corroborative statements to police. Applying Article 294 of the Revised Penal Code, as amended by Republic Act No. 7659, the Court found the elements of Robbery with Rape satisfied—violent taking with animus lucrandi accompanied by rape. Pursuant to Art. 6, RPC and settled jurisprudence, the crime of rape is consummated by the slightest penetration or contact of the penis with the labia, rendering medical absence of laceration immaterial.
Doctrine:
- The credibility of the victim’s testimony in rape cases is decisive when it is credible, consistent, and convincing.
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