G.R. No. 137457 - People vs. Sia y Dichoso

On July 18, 1991, Erly Rose P. Marasigan, a nine-year-old third-grade student of a public elementary school in Mayasan, Valenzuela, Metro Manila, was allegedly assaulted while taking her usual shortcut home via an alley.
While passing through the alley between her school and home, Erly Rose observed a man standing at a corner. She later identified this man as the accused-appellant, Gilbert de la Pena.

As the victim passed by, de la Pena grabbed her left arm with both hands and pulled her toward a grassy area.
He threatened her with bodily harm if she did not remain silent, and ordered her to lie down.
The accused then proceeded to pull down his pants and briefs, removed the victim’s panties, and raised her skirt.
He kissed her and attempted to insert his penis into her vagina; however, no full erection or complete penile penetration occurred.
Failing to insert his penis, de la Pena resorted to fondling the victim’s vagina and inserting his finger into her vaginal orifice.
During this process, he struck the victim on the stomach and on both cheeks with his fist.

Overwhelmed by the assault, Erly Rose cried and then attempted to play dead for approximately five minutes to ensure her attacker had left the scene.
Upon confirming that de la Pena was no longer nearby, she gathered her belongings, pulled up her panties, and staggered home.
A neighbor, Romeo Brojas, noticed her distressed state and the condition of her mud-caked clothes and promptly informed others.
The accused-appellant was located by Brojas and some neighbors, and Erly Rose positively identified him to the Valenzuela Police.

Following a written request by the police, Erly Rose underwent a medico-legal examination conducted by Dr. Lowella Nario of the National Bureau of Investigation.
Dr. Nario’s findings indicated an absence of physical signs of penetration: no injuries, reddening, or evidence of trauma on the victim’s external genitalia.
Despite these findings, the crime was prosecuted based on the victim’s testimonial recounting the attempted sexual assault.

Initially, an information dated July 30, 1991, charged de la Pena with attempted rape, based on the complaint affidavit of the victim.
Subsequently, a criminal complaint signed by the state prosecutor elevated the charge to statutory rape, basing the offense on the premise that it involved carnal knowledge with a minor, in violation of applicable law.

The victim consistently testified that no complete penetration had occurred and that de la Pena admitted, at least in part, that he was unable to achieve or sustain an erection during the assault.
During cross-examination, her statements reiterated that although an attempt was made, carnal knowledge was not consummated.
The accused did not dispute the occurrence of the attempt but acknowledged the lack of an erection and complete penetration.

Whether the evidence sufficiently established the elements of statutory rape given the lack of physical or complete penetration.

The central question was if full penetration of the victim’s vaginal orifice is an essential element in the commission of rape or if mere contact by a penis capable in full erection would suffice.
Whether the absence of physical corroborative evidence from the medico-legal examination negated the occurrence of carnal knowledge.

Whether the charge should remain as statutory rape or be downgraded to attempted rape in light of the testimony and medical evidence.
The legal implications of convicting an accused for an offense that was not consummated despite the reprehensible nature of the act.

The proper application of the rule from Section 4 of Rule 120 of the Rules of Court regarding variance between the charged and proven offenses.