G.R. No. 79011 - People vs. Mangalino y Lumanog

The accused-appellant, Semion Mangalino y Lumanog, was charged with statutory rape under Article 335, paragraph 3 of the Revised Penal Code.
The victim was Marichelle Carlos, a 6-year-old girl and Grade 1 pupil.
The complaint was filed by Tomas Carlos, the victim’s father.
Semion Mangalino was a 53-year-old security guard residing in Manila, neighbor to the Carlos family.

On March 7, 1984, around 10 or 11 a.m., Marichelle was playing alone at the ground floor of the accused’s two-story apartment.
The accused allegedly called Marichelle to his bedroom, gave her P2.00, and asked her not to tell anyone.
Inside the room, the accused removed Marichelle’s jogging pants and panty, kissed and fondled her breasts, inserted his finger into her genitalia, and attempted but failed to fully penetrate her with his sexual organ.
The accused denied the charges, claiming any bruises were accidental or self-inflicted, and argued the crime could not have been committed given the presence of other people in the apartment.

Testimonies included those of Marichelle, her mother Bernardine Carlos, Dr. Roberto V. Garcia (NBI medico-legal officer), Staff Sergeant Mario Oser, and defense witnesses Ramil las Dulce, Linda Ayroso, and the accused himself.
Marichelle consistently narrated the incident in simple terms despite her young age, stating the events clearly.
Dr. Garcia’s medico-legal examination revealed no visible extra-genital injuries but found signs of recent genital trauma consistent with attempted penile penetration without hymenal laceration.
The accused’s apartment layout was described with an open wooden divider with holes separating the room from the living area, while other occupants were allegedly nearby but engrossed in other activities such as playing chess or doing laundry.
The prosecution and victim’s testimony underscored the accused’s opportunity and means to commit the crime despite the presence of others.

The accused argued the improbability of committing the crime given the time of day (broad daylight) and the presence of multiple people in the apartment.
The accused claimed the bruises were accidental injuries from running around or caused by the victim herself.
The accused questioned the award of P50,000.00 in moral damages, denying responsibility and asserting wrongful conviction.

Whether the accused committed statutory rape against the minor victim, Marichelle Carlos, under Article 335, paragraph 3 of the Revised Penal Code.

Whether the trial court erred in finding that the crime was possible despite the presence of other occupants and the lack of full penetration or visible external injuries.

Whether the moral damages amounting to P50,000.00 awarded to the offended parties should stand.