Case Summary (G.R. No. 79011)
Facts of the Case
On March 7, 1984, in Manila, Semion Mangalino allegedly called Marichelle Carlos into his bedroom at his apartment while she was playing alone. After luring her inside with a two-peso bill, he laid her down, removed her jogging pants and panty, kissed and fondled her breasts, inserted his finger into her genitalia, and attempted to introduce his sexual organ into her vagina but was unsuccessful. At the time, other individuals—Ramil las Dulce (grandson of the accused), Armando Ayroso (nephew of the accused), and Linda Ayroso (wife of Armando)—were present but occupied in different parts of the apartment. The victim’s mother later found her and upon hearing the child's narration, immediately sought medical examination. The victim positively identified the accused during a police confrontation.
Medical and Witness Testimony
Dr. Roberto V. Garcia, NBI Medico Legal Officer, found signs of recent genital trauma in Marichelle despite an intact hymen, indicating an unsuccessful penile penetration. The bruising of the vestibular mucosa was consistent with contact by an erected penis rather than accidental injury, and no bruises were found on surrounding tissues such as the labia, discounting accidental causes. The victim testified in a straightforward manner, confirming the details of the alleged act, including the absence of pain during the attempt at penetration, which was explained by the intact hymen.
Defense Arguments
The accused raised four main contentions:
- The crime’s commission was impossible given the time (broad daylight) and the presence of numerous people in proximity;
- The bruises might have been caused by accident, considering the child was playing actively and could have sustained the injuries accidentally;
- The award of moral damages was unwarranted since the accused claimed innocence; and
- The accused requested acquittal based on these grounds.
The defense further argued that the apartment layout, characterized by a folding divider full of holes separating the bedroom area from the living room, made any secretive commission of the alleged crime improbable. It also contended the accused’s presence in the kitchen during the time negated his opportunity to commit the act unnoticed.
Court’s Analysis on Credibility and Opportunity
The Court emphasized that the minor victim’s testimony was credible, noting her simplicity, consistency, and unembellished narrative. The notion that the accused could not have committed the crime due to the presence of others was rejected. The Court found it reasonable that Ramil and Armando, engaged in chess requiring concentration, did not notice the brief incident. The short distance (five to six meters) between the kitchen and the bedroom allowed the accused to exploit the opportunity to commit the crime swiftly and unnoticed, even considering the absence of a solid door or walls.
Legal Principles Applied
Under Article 335, paragraph 3 of the Revised Penal Code, statutory rape is consummated upon carnal knowledge of a female below twelve years, irrespective of force or intimidation. The Court reiterated that full penile penetration is not necessary to consummate rape; insertion within the labia is sufficient. The absence of hymenal laceration and the child's failure to cry out or resist did not negate the commission of the crime, especially given the child’s tender age and incapacity to discern the wrongful nature of the act. The accused’s age, physical stature, and relationship with the victim—being a neighbor and a supposedly respected elder—explained why force was not manifestly employed and why the victim did not resist or cry out.
Psychological and Social Considerations
The Court recognized the victim’s innocence and naivety, emphasizing the gravity of a trusted elder violating a child’s integrity. It acknowledged the victim’s subsequent behavioral changes as manifestations of trauma. The Court also rejected the suggestion that the charge was fabricated for pecuniary
...continue readingCase Syllabus (G.R. No. 79011)
Nature of the Case and Decision
- This is an appeal from the Regional Trial Court of Manila's decision.
- Accused Semion Mangalino was convicted of statutory rape under Article 335, paragraph 3 of the Revised Penal Code.
- He was sentenced to reclusion perpetua and ordered to pay moral damages in the amount of P50,000.00 to the offended parties.
- The conviction was affirmed by the Supreme Court with modification of the moral damages award, which was reduced to P20,000.00.
Background and Facts of the Case
- The victim, Marichelle Carlos, was a six-year-old minor and a first-grade pupil.
- Incident occurred on March 7, 1984, at the accused's apartment in Sampaloc, Manila.
- Marichelle was playing alone inside the accused’s apartment when he called her to his room.
- Accused gave the victim P2.00 and told her not to tell anyone.
- The accused then committed acts of sexual abuse including kissing, fondling, inserting a finger into the victim’s private part, and attempting to insert his sexual organ without successful penetration.
- Marichelle reported the abuse to her mother, Bernardine Carlos.
- Medical examination confirmed presence of recent genital trauma consistent with attempted penetration.
- The accused denied the charges, arguing the trauma was accidental and contesting the possibility of the act happening in broad daylight with people present.
Testimonies and Evidentiary Details
- Testimonies included those of the victim Marichelle, her mother Bernardine, Dr. Roberto V. Garcia (NBI medico-legal officer), Staff Sergeant Mario Oser, and defense witnesses.
- Marichelle’s testimony detailed the sequence of the abuse in simple, candid terms.
- Defense witnesses claimed the crime was impossible due to the number of people present and the apartment's physical layout, including a folding divider full of holes, and the timing at broad midday.
- Dr. Garcia testified about the medical findings: intact hymen with a 1-centimeter opening, vestibular mucosa contusion indicating an unsuccessful penetration with an erected penis.
- No external physical injuries found on the victim except the genital trauma.
Legal Issues and Assignments of Error by the Accused
- The accused contended the following errors by the trial court:
- Error I: Impossibility of rape given the place, time, and presence of several individuals.
- Error II: Bruises on the victim were accidental, not caused by rape.
- Error III: O