Case Digest (G.R. No. L-47568)
Facts:
The People of the Philippines v. Roberto Ytac, G.R. No. L-47568, January 28, 1980, Supreme Court First Division, De Castro, J., writing for the Court.The accused-appellant, Roberto Ytac, was charged with rape in the Court of First Instance of Davao Oriental. The trial court convicted him and sentenced him to reclusion perpetua, ordered him to indemnify the offended party in the amount of P10,000.00, to acknowledge and support any offspring that might result, to pay costs, and credited him with the full period of his detention.
The prosecution presented testimony showing the victim, Mary Ann Boligao, was born on May 10, 1969 and was five years and two months old at the time of the offense (July 25, 1974). From birth she was unable to walk or talk. Mary Ann lived with her mother, Saturnina Boligao, and others; on the afternoon of July 25, 1974 Saturnina left to see a movie, leaving Mary Ann in the house with Macaria Sanchez and the accused, who was a relative and frequented the household. Macaria and the victim’s younger brother briefly left to buy viand, leaving the victim and the accused alone in the house.
When Macaria returned she found Mary Ann lying on her back with blood oozing from her vagina; the accused was squatting in front of the child with his trousers’ zipper half-closed. Macaria wiped blood from the child’s genitalia and noticed a substance on the hemline of the child’s dress that looked and smelled like semen; the accused denied having abused the child but left the house before the mother returned. The mother promptly brought Mary Ann to the Davao Oriental Provincial Hospital, where Dr. Antonio Tagabucba examined her the same day and recorded erythema of the labia majora, that the introitus admitted one finger with difficulty, and a fresh hymenal laceration at the 4 o’clock position with minimal hemorrhage; a spermatozoa examination was negative.
At trial the defense argued there was no proof of penile insertion and suggested the hymenal laceration might have been caused by some object, a finger, or rough floor; the absence of spermatozoa was emphasized. Counsel de oficio assigned as erro...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt that rape was consummated, given the absence of proof of full penile insertion and the negative spermatozoa test?
- Were the monetary indemnity and the court’s orders to acknowledge and support any offspring properly imposed an...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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