Case Summary (G.R. No. 211002)
Trial Court Findings
The Regional Trial Court convicted Ricalde of rape through sexual assault under Art. 266-A(2) RPC, finding XXX’s testimony straightforward, consistent, and credible. It sentenced him to prision correccional (minimum four years, two months, one day) to prision mayor (maximum eight years) and awarded ₱50,000 each for moral and civil indemnity.
Court of Appeals Ruling
The Court of Appeals affirmed guilt but reduced damages to ₱30,000 for civil indemnity and ₱30,000 for moral damages, with six-percent interest from finality of judgment.
Petition for Review and Arguments
Ricalde claimed reasonable doubt due to:
• Lack of medical evidence of trauma or semen
• Alleged inconsistencies in XXX’s testimony about insertion and penetration depth
• Practical difficulty of anal penetration with open-zipper pants
• Argument that the act, if proven, amounted only to acts of lasciviousness under Art. 336 RPC and warranted application of the variance doctrine
Supreme Court’s Legal Framework
Under RA 8353’s amendment to Art. 266-A of the IPC, rape through sexual assault occurs when a person, under circumstances in paragraph 1 (e.g., victim under 12), inserts his penis into another’s mouth or anal orifice. 1987 Constitution safeguards apply.
Credibility of Victim’s Testimony
The Court accorded great weight to the boy’s testimony, observing that child-victims’ accounts are generally badges of truth. XXX described feeling insertion, holding Ricalde’s penis, and naming him.
Expert Medical Evidence
The absence of visible anal trauma or spermatozoa does not negate penetration. The medico-legal witness explained sphincter flexibility and rapid healing could mask injury and that penetration can occur without lasting external signs.
Application of the Variance Doctrine
No material variance existed between the Information and proof: both charged and proven offense was rape through sexual assault. Jurisprudence holds that slightest penetration consummates rape, distinguishing it from mere lasciviousness.
Distinction Between Rape and Acts of Lasciviousness
Rape’s gravamen is the non-consensual insertion of the penis into the genital or anal orifice. Any contact beyond an outer contact qualifies as penetration and consummated rape, not lascivious conduct.
Penalty and Governing Law
Victim’s age (10) triggers RA 7610 Sec. 5(b) penalty for se
...continue readingCase Syllabus (G.R. No. 211002)
Case Citation
- 751 Phil. 793
- G.R. No. 211002, Second Division, January 21, 2015
Parties
- Petitioner: Richard Ricalde
- Respondent: People of the Philippines
Facts
- On January 31, 2002, in Sta. Rosa, Laguna, 10-year-old “XXX” asked his mother to fetch Richard Ricalde from McDonald’s Bel-Air.
- After dinner, the boy’s mother invited Ricalde to spend the night; Ricalde slept on the sofa, XXX on the living-room floor.
- Around 2:00 a.m., XXX awoke with anal and abdominal pain, felt something inserted into his anus, and saw Ricalde fondling his penis.
- XXX immediately told his mother, who confronted Ricalde—armed with a knife—but he remained silent and then left.
- Mother and child proceeded to the barangay hall, the police station, and the municipal health center for medical examination.
- Dr. Roy Camarillo found no external anal trauma and no spermatozoa; he explained that the sphincter’s flexibility and rapid healing may mask injury.
- On February 4, 2002, XXX and his mother executed sworn statements leading to the rape through sexual assault Information.
- Ricalde pleaded not guilty and later testified that he merely visited as a distant relative and textmate, denied any improper act, and described sleeping arrangements consistent with XXX’s account.
Procedural History
- Information filed for rape through sexual assault under the second paragraph of Section 266-A, RPC (1997).
- RTC, Branch 34, Calamba (June 20, 2011): convicted Ricalde beyond reasonable doubt; imposed prision correccional (4 y 2 m 1 d) to prision mayor (8 y); awarded P50,000 moral and P50,000 civil indemnity.
- Court of Appeals (August 28, 2013): affirmed conviction; modified damages to P30,000 moral and P30,000 civil with 6% interest from finality.
- Ricalde filed a Rule 45 Petition for Review with the Supreme Court.
Issues
- Whether the prosecution established beyond reasonable doubt all elements of rape through sexual assault under Article 266-A(2) RPC.
- Whether the evidence of no anal trauma or spermatozoa creates reasonable doubt.
- Whether victim’s alleged inconsistencies and practical doubts (open zipper) undermine the charge.
- Whether the variance doctrine or the lesser offense of act