Title
People vs. Herdez
Case
G.R. No. 23916
Decision Date
Oct 14, 1925
A 70-year-old man convicted of raping his 9-year-old step-granddaughter; Supreme Court ruled minimal penetration suffices for consummated rape, increasing his sentence.

Case Digest (G.R. No. 23916)
Expanded Legal Reasoning Model

Facts:

  • Parties Involved
    • The Plaintiff and Appellee: The People of the Philippine Islands.
    • The Defendant and Appellant: Domingo Hernandez, a 70-year-old man.
  • Victim and Family Relationship
    • The offended party is a 9-year-old girl.
    • The victim is the granddaughter of the defendant’s wife, while the defendant is also connected as the husband of the victim’s grandmother.
    • There exists an element of grave abuse of confidence as both lived in the same household.
  • Circumstances of the Crime
    • Date and Place: On or about February 26, 1925, in the City of Manila, Philippine Islands.
    • Method:
      • The defendant allegedly used force and intimidation.
      • He threatened the child with a knife, warning her that he would kill her if she did not accede to his wish.
    • Setting: The crime was committed during the absence of the other household members, exploiting the trust and exclusive access to the child.
  • Evidence Presented
    • Direct Evidence:
      • Testimonies of witnesses indicated that the defendant did not manifest signs of intoxication at or immediately after the time of the incident.
      • The child testified that she experienced intense pain and that there was partial penetration.
    • Medical Evidence:
      • A physician reported that the labia and the opening of the vagina of the child were inflamed.
      • An abundance of semen was found on the child’s body, although the hymen remained intact.
    • Defendant’s Admission:
      • The defendant admitted to having had intercourse with the child.
      • He claimed that he was intoxicated at the time and, as a result, did not have full awareness of his actions.
  • Lower Court Ruling
    • The court below found the defendant guilty of frustrated rape.
    • Sentence Imposed: Ten years and one day of prision mayor.
  • Legal Debate on the Degree of the Crime
    • The lower court’s view was that consummated rape requires complete penetration of the hymen.
    • Later analysis and evidence showed that partial penetration, in instances where the labia or vagina is entered, is sufficient to constitute consummated rape.
  • Reference to Precedent and Comparative Jurisprudence
    • State vs. Johnson (91 Mo., 439):
      • Held that the intact hymen is not incontrovertible proof that no rape occurred.
      • Emphasized that any penetration sufficient to enter the female’s body constitutes rape.
    • People vs. Rivers (147 Mich., 643):
      • Clarified that while rupturing the hymen is not essential for conviction, some degree of entrance within the labia of Pudendum is required.
    • Additional cases (Kenney vs. State; Reg. vs. Lines; Rodgers vs. State; Brauer vs. State):
      • Established that even penetration limited to the labial area, without hymenal rupture, suffices for a conviction in consummated rape.

Issues:

  • Classification of the Crime
    • Whether the crime committed should be classified as frustrated rape or consummated rape.
    • Whether the partial penetration evidenced by inflammation and presence of semen can legally be construed as consummation of rape.
  • Evidentiary Sufficiency
    • Whether the medical evidence showing inflammation of the labia and presence of semen, despite an intact hymen, is enough to establish that consummation occurred.
    • Whether the testimonies of the victim and the corroborative witness evidence overcome the defendant’s claim of intoxication.
  • Interpretation of Precedents
    • Whether the traditional view requiring complete penetration is in line with more modern and authoritative interpretations of rape.
    • How the references to State vs. Johnson, People vs. Rivers, and other cases should inform the definition of consummated rape in this case.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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