G.R. No. 132551 - People vs. Dedace

On the morning of March 4, 1995, at around 10:00 a.m., seven-year-old Joyce Marie Mojado was watching television at a neighbor’s house in San Antonio St., Poblacion, Inopacan, Leyte.
Jose Dedace, a neighbor, called Joyce, gave her P2.00, and instructed her to enter her own house.
Inside the house, Dedace directed Joyce to enter the room of the housemaid, Anecita Cabargada (Manang Annie). Annie was washing clothes outside at the time.
In Annie’s room, Dedace removed Joyce’s short pants and panty but left her t-shirt on. He then spread her legs, made her sit on his lap, partially removed his own short pants, and engaged in sexual intercourse with the victim.
Joyce testified she saw white liquid come from Dedace’s penis, some of which was scattered on the floor and some on her vagina.
Upon Annie’s arrival in the room, she saw Dedace quickly putting on his pants and Joyce putting on her clothes. Annie asked what was happening but received no immediate answer.
Joyce told Annie that Dedace had committed sexual intercourse with her. Annie looked for Dedace unsuccessfully, then brought Joyce to the mayor’s office and later to the hospital for medical examination.

Dr. Azucena Polo-Mirambel examined Joyce on the afternoon of the incident.
The medico-legal certificate documented multiple abrasions around the perineal area, abrasions and inflammation on both labia minora and labia majora, and healed hymenal lacerations at 3:00 and 6:00 o’clock positions.
These injuries were consistent with sexual assault, possibly caused by an erect penis or impact with the floor.

Jose Dedace denied committing rape.
He claimed he was masturbating while peeping at Annie washing clothes.
When Joyce unexpectedly entered the room and saw him masturbating, he allegedly grabbed her vagina to prevent her from telling Annie until he finished.
He said Joyce sat on his lap while he continued masturbating and ejaculated on the floor.
Dedace claimed this act was not rape because his penis did not penetrate the victim’s vagina.

Joyce, Annie, and Dr. Polo-Mirambel testified for the prosecution.
Dedace testified on his own behalf, repeating his denial and alternative explanation.
The trial court found Dedace guilty of rape beyond reasonable doubt, sentencing him to reclusion perpetua and ordering moral damages of P50,000.

Whether or not the prosecution proved beyond reasonable doubt that appellant Jose Dedace committed statutory rape against Joyce Marie Mojado despite the absence of full penile penetration.
Whether the trial court erred in convicting the accused when the victim testified that there was only a slight “touch” of the sexual organ and no complete penetration occurred.
Proper award of damages to the victim.