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9 Ricalde, then 31 years old, 10 is a distant relative and textmate of XXX, then 10 years old. 8 cralawredThe facts as found by the lower courts follow.On January 30, 2002, XXX requested his mother to pick up Ricalde at McDonald’s Bel-Air, Sta. 6 The prosecution presented the victim (XXX), 7 his mother, and the medico-legal as witnesses, while the defense presented Ricalde as its sole witness. Rosa, Province of Laguna, Philippines, and within the jurisdiction of this Honorable Court, accused Richard Ricalde, prompted with lewd design, did then and there willfully, unlawfully and feloniously inserting his penis into the anus of XXX who was then ten (10) years of age against his will and consent, to his damage and prejudice.Ricalde pleaded not guilty during his arraignment on August 21, 2002.
17 cralawredXXX’s mother armed herself with a knife for self-defense when she confronted Ricalde about the incident, but he remained silent. 16 He also told his mother that Ricalde played with his sexual organ. When XXX awoke as “he felt pain in his anus and stomach and something inserted in his anus.” 14 He saw that Ricalde “fondled his penis.” 15 When Ricalde returned to the sofa, XXX ran toward his mother’s room to tell her what happened. 13 cralawredIt was around 2:00 a.m. 12 He slept on the sofa while XXX slept on the living room floor.
Roy Camarillo examined 22 XXX and found no signs of recent trauma in his anal orifice 23 that was also “NEGATIVE for permatozoa.” 24 cralawredOn February 4, 2002, XXX and his mother executed their sworn statements at the Sta. 20 The police referred them to the municipal health center for medical examination. 19 cralawredXXX’s mother then accompanied XXX to the barangay hall where they were directed to report the incident to the Sta.
Accused is ordered to pay the sums of P50,000.00 as moral damages and P50,000.00 as civil indemnity.SO ORDERED. 31 cralawredThe Regional Trial Court in its Decision 32 dated Jfound Ricalde guilty beyond reasonable doubt of rape through sexual assault: chanRoblesvirtualLawlibraryWHEREFORE, this Court finds accused Richard Ricalde guilty beyond reasonable doubt of the crime of rape by sexual assault and, accordingly, sentences him to suffer the penalty of imprisonment ranging from four (4) years, two (2) months and one (1) day of prision correccional as minimum, to eight (8) years of prision mayor as maximum. 30 He denied the alleged rape through sexual assault. On the living room sofa while XXX slept on the floor.
36 cralawredPetitioner argues the existence of reasonable doubt in his favor. 35 cralawlawlibraryRicalde filed this Petition praying for his acquittal. Accused-appellant RICHARD RICALDE is ordered to pay the victim civil indemnity in the amount of Thirty Thousand (P30,000.00) Pesos and moral damages likewise in the amount of Thirty Thousand (P30,000.00) Pesos, both with interest at the legal rate of six (6%) percent per annum from the date of finality of this judgment until fully paid. 11906-B, is AFFIRMED but with MODIFICATION as to the award of damages.
44 XXX claimed that he immediately pushed petitioner away, but in another instance, he testified as follows: “I felt that he was inserting his penis inside my anus because I was even able to hold his penis. 43 cralawredPetitioner argues that XXX’s inconsistent testimony raises reasonable doubt on his guilt. 42 Petitioner submits that the alleged stomach ache was an attempt to aggravate the charge against him. 41 Thus, no push and pull movement happened that would explain XXX’s alleged stomach ache. 40 XXX was also able to immediately push him away. 38 He contends that physical evidence “ranks high in hierarchy of trustworthy evidence.” 39 cralawredSecond, XXX did not categorically say that a penis was inserted into his anal orifice, or that he saw a penis or any object being inserted into his anal orifice.
52 These include the fact that they were textmates and that petitioner played with XXX’s penis. 51 The petition then enumerated circumstances showing possible homosexual affections between petitioner and XXX. Sumingwa, 50 and the court would have found him guilty for the lesser offense of acts of lasciviousness under Article 336 of the Revised Penal Code. 49 cralawredAssuming he committed an offense, petitioner contends that the court should have applied the “variance doctrine” in People v. 48 Petitioner argues that the court must consider every circumstance favoring the innocence of an accused. 47 Petitioner submits that performing anal coitus while wearing pants with an open zipper poses a challenge — the risk of injuring the sexual organ or having pubic hair entangled in the zipper.
Penilla 61 in that “ medical examination of the victim is not indispensable in a prosecution for rape inasmuch as the victim’s testimony alone, if credible, is sufficient to convict the accused of the crime.” 62 In any case, the medico-legal testified on the sphincter’s flexibility and how an insertion into the anal orifice would not necessarily cause injury. 60 The Comment quoted People v. 58 Petitioner was not a complete stranger, and she could not have foreseen such abuse since “rape by sexual assault or any form of sexual abuse of a boy by a grown man is fairly uncommon in our culture.” 59 cralawredPetitioner’s reliance on the medico-legal’s findings deserves scant consideration. 56 cralawredThe People of the Philippines counters that the prosecution proved beyond reasonable doubt all elements of the crime charged.The Comment 57 discussed that it is neither improbable nor contrary to human experience that XXX’s mother allowed her son to be left alone with a stranger. ” 55 Assuming these acts took place, these would only be considered as acts of lasciviousness. 54 XXX could also have mistaken the “overreaching fingers as a male organ trying to enter his.
Rape When and How Committed. 66 cralawredThe issue before us for resolution is whether the prosecution proved beyond reasonable doubt petitioner Richard Ricalde’s guilt for the crime of rape through sexual assault.We affirm petitioner’s conviction with modification on the penalty imposed.The Anti-Rape Law of 1997 67 classified rape as a crime against persons 68 and amended the Revised Penal Code to include Article 266-A on rape through sexual assault: chanRoblesvirtualLawlibraryArticle 266–A. 65 Consequently, petitioner’s contention that the incident only amounts to acts of lasciviousness lacks merit. 64 Petitioner’s defense of mere denial cannot outweigh positive testimony.
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