FACTS: Gregorio Hernandez was accused of raping Genoveva. Medical exam showed an intact hymen but inflammation/laceration at the entrance of the labia majora.ISSUE: Is full vaginal penetration required for consummated rape?
People v. Hernandez (49 Phil. 980)”It is not necessary that the hymen be broken or that there be an entire penetration of the female organ… the entry of the labia of the female organ by the male organ is sufficient to constitute the crime of rape.”
FACTS: Erinia was accused of raping a 3-year-old girl. There was irritation, but due to her age and size, no entry into the labia was proven.ISSUE: If the accused only touched the external parts, is it rape?
People v. Erinia (50 Phil. 998)”Where there is no proof of any penetration of the labia, the crime committed is not rape, but acts of lasciviousness.”
FACTS: Orita lured the victim into a room and used physical strength and verbal threats that made her fear for her life.ISSUE: Must the force used be “irresistible” for rape to exist?
People v. Orita (184 SCRA 105)”Force need not be irresistible… It is sufficient that the woman was intimidated by a reasonable apprehension of great bodily harm or that her will was overcome by fear.”
FACTS: Campuhan was caught “gliding” his penis over the labia majora of a young girl (AAA) but was interrupted before “breaking the plane.”ISSUE: Is external touching enough to consummate rape?
People v. Campuhan (329 SCRA 270)”The ‘labial threshold’ must be breached. Mere touching of the external surface of the labia majora, without any entry into the labial commissure, constitutes only attempted rape.”
FACTS: Villapana was accused of raping a victim in a house with other people present; she did not scream or seek immediate help.ISSUE: How do we weigh the credibility of the victim’s testimony?
People v. Villapana (161 SCRA 72)”For a conviction of rape to stand, the testimony of the victim must be credible, natural and consistent with the common experience of mankind.”
FACTS: This 2024 case involving a minor (ABC) and a 14-year-old victim examines the new age of consent.ISSUE: How is the “Close-in-Age” exception of R.A. 11648 applied?
People v. ABC260708 (G.R. No. 260708)”Under R.A. No. 11648, the age of statutory rape is 16… The law provides a ‘Close-in-Age’ exception if the victim is 13-15 and the offender is not more than 3 years older.”
FACTS: Dulay forced the victim to undergo multiple acts of sexual intercourse over several hours in a single night.ISSUE: Does multiple penetration constitute one crime or several?
People v. Dulay (G.R. Nos. 144344-68)”Each sexual intercourse constitutes a separate and distinct act of rape. The accused is liable for as many counts of rape as there were acts of sexual intercourse.”
FACTS: Dela Cerna was charged with repeatedly raping his own biological daughter.ISSUE: How does the father-daughter relationship qualify the crime?
People v. dela Cerna (G.R. Nos. 136899-904)”Rape committed by a father against his own daughter is qualified by the relationship… the penalty shall be Reclusion Perpetua without parole.”
FACTS: Chingh was accused of raping a minor; he claimed the act was consensual.ISSUE: Is the element of force necessary in statutory rape?
People v. Chingh (G.R. No. 178323)”In statutory rape, the element of force is irrelevant. The mere fact of intercourse with a child below the legal age of consent constitutes the crime.”
FACTS: Dela Cruz was accused of rape, but the victim’s medical exam showed an intact hymen shortly after the incident.ISSUE: Is a hymenal tear required for a rape conviction?
People v. Dela Cruz (G.R. No. 183091)”The integrity of the hymen is not a reliable index of virginity, nor is its rupture an essential element of the crime of rape.”
FACTS: Caoile was accused of rape; the victim had minor inconsistencies in her testimony regarding the specific dates.ISSUE: Do minor inconsistencies destroy the witness’s credibility?
People v. Caoile (G.R. No. 203041)”Minor inconsistencies do not affect the witness’s credibility; on the contrary, they may be considered as badges of truthfulness for they erase any suspicion of a rehearsed testimony.”
FACTS: Jumawan used physical force and threats to have sex with his wife despite her resistance.ISSUE: Can a husband be guilty of raping his own wife?
People v. Jumawan (G.R. No. 187495)”A husband does not own his wife’s body. Marriage is not a license to forcefully rape a wife. Marital rape is a crime under R.A. No. 8353.”
FACTS: Ricalde was caught by a witness after stripping the victim and commencing the act but before penetration occurred.ISSUE: What constitutes “Attempted Rape”?
Ricalde v. People (G.R. No. 211002)”When the offender has commenced the commission of the felony directly by overt acts, but does not perform all the acts of execution… by reason of some cause or accident other than his own spontaneous desistance.”
FACTS: Tionloc was accused of rape, but no DNA evidence was recovered from the victim’s person or clothing.ISSUE: Is DNA evidence mandatory for a conviction in rape?
People v. Tionloc (G.R. No. 212193)”The absence of DNA evidence does not negate the commission of rape. The credible and positive testimony of the victim is sufficient to convict.”
FACTS: Amarela and another were accused of raping a woman in a small, crowded boarding house where no one heard anything.ISSUE: What is the “Rule of Probability”?
People v. Amarela (G.R. No. 225642)”Evidence to be believed must not only proceed from the mouth of a credible witness but must be credible in itself such as the common experience and observation of mankind can approve as probable.”
