Case Digest (G.R. No. 188979)
Facts:
People of the Philippines v. Christopher Pareja y Velasco, G.R. No. 188979, September 05, 2012, Supreme Court Second Division, Brion, J., writing for the Court.The prosecution charged Christopher Pareja y Velasco (appellant) with rape under an amended information alleging that on or about June 16, 2003 in Mandaluyong City he had carnal knowledge of AAA, then 13 years old and the sister of his common-law spouse, by force and against her will. AAA testified that at about 3:30 a.m. she was sleeping on the floor beside her two-year-old nephew when the appellant hugged and kissed her nape and neck, covered her and the child with a blanket, removed her short pants and underwear, removed his own undergarments, lay on top of her, held her hands, parted her legs with his legs and tried to insert his penis into her vagina; she said the appellant “naidikit” (touched) his penis to her sexual organ but did not succeed in penetrating her. AAA resisted, cried, and later reported the incident to police.
At the Regional Trial Court (RTC), Branch 209, Mandaluyong City, the case was tried and on February 22, 2007 the RTC found appellant guilty of rape and sentenced him to reclusion perpetua and ordered indemnities. The Court of Appeals (CA), in CA‑G.R. CR HC No. 02759, affirmed the RTC in a decision dated June 15, 2009, holding that slight penetration is sufficient for consummated rape and that the victim’s resistance and presence of others did not negate the commission of rape.
Appellant appealed to the Supreme Court from the CA decision. He contended that the prosecution failed to prove even the slightest penetration and that the victim’s testimony was incredible. The Supreme Court (Second Division) issued its decision on September 5, 2012, with Justice Brion as ponente. The Cou...(Pro-only)
Issues:
- Was the prosecution able to prove beyond reasonable doubt that there was penile penetration sufficient to constitute consummated rape?
- If consummated rape was not proven, is the appellant guilty of attempted rape?
- What penalty and indemnities should be imposed upon convictio...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)