Case Summary (G.R. No. 126115)
Incident Overview
On the day of the incident, Crisselle went to Balgos' residence to play with his nieces, Michelle and Waday. Balgos allegedly asked the two girls to buy snacks, subsequently isolating Crisselle in a room. He then attempted to engage in sexual acts with her but was unable to fully penetrate her vagina. Crisselle did not disclose the incident until October 12, 1995, following her brother’s conversation with Michelle and Waday.
Medical Examination
A medical examination conducted on Crisselle at Roxas Memorial General Hospital revealed a 0.2 cm lacerated wound on her hymen but noted no evidence of spermatozoa. Balgos, in his defense, claimed only to have inserted his finger into the victim's vagina while denying the charges of rape.
Trial Court Findings
In a decision dated July 19, 1996, the trial court found Crisselle's testimony credible and straightforward, contrasting it with Balgos’ uncorroborated defense. The court underscored Balgos’ actions of isolating the child and his admission of being sexually aroused as indicative of intent to commit a sexual act.
Conviction and Sentence
The trial court convicted Balgos of rape, imposing the death penalty as mandated under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659. The court also ordered him to pay Crisselle P50,000 as civil damages.
Appeal and Arguments
Balgos contested the conviction, arguing that the evidence warranted a charge of acts of lasciviousness rather than rape. He pointed to the medical findings indicating the minor extent of the laceration on Crisselle’s hymen as enough to negate full penetration and thus the charge of rape. He claimed that he could not have achieved penetration because of the laceration's size.
Review of the Evidence
Upon appellate review, the court reiterated the standard of respect afforded to the trial court's evaluation of witness credibility. The court emphasized that even minimal contact of the penis with the vaginal opening can satisfy the legal definition of rape. The court dismissed Balgos’ argument about the nature of the injury, noting that penetration is not a requisite element for rape under current jurisprudence.
Conclusion of the Appellate Court
The appellate court upheld the trial court’s findings and affirmed the conviction. It noted the significance of the victim's age in qualifying the crime for the application of the death penalty. Additionally, it modified the lower court's award for civil indemnity to P75,000,
...continue readingCase Syllabus (G.R. No. 126115)
Background of the Case
- The accused, Alfonso Balgos, alias "Lupog," was charged with the crime of rape based on a complaint filed by Crisselle Ilanga Fuentes, a six-year-old child, on November 9, 1995.
- The charge was defined under Article 335, paragraph 3 of the Revised Penal Code, as amended by Republic Act No. 7659.
- The alleged crime took place on October 8, 1995, in Roxas City, Philippines.
Allegations and Events
- On October 8, 1995, at approximately 2:00 PM, Crisselle went to Balgos's house to play with his nieces, Michelle and Waday.
- The accused called Michelle outside to buy snacks, subsequently isolating Crisselle.
- Balgos then engaged in sexual acts with Crisselle, attempting to have carnal knowledge despite her young age and resistance.
Testimony of the Victim
- Crisselle described being asked to touch Balgos's penis and was later assaulted when left alone with him.
- During the incident, Balgos attempted penetration but ultimately did not succeed, as indicated by the medical examination.
- Crisselle did not disclose the incident immediately but later confirmed it to her mother after being prompted by her brother.
Medical Examination
- Crisselle underwent a medical examination at Roxas Memorial General Hospital, revealing:
- No bruises or hematoma.
- A 0.2 cm laceration on her hymen.
- Negative findings for spermatozoa.
- The medical findings were presented in court as part of the evidence against Balgos.
Defense of the Accused
- Balgos denied the allegations, claiming he only inserted