PEOPLE VS LEO MENDOZA

GR. 214349, April 20, 2016

This is a case filed to the supreme court for review of the judgment of the court of
appeals when it affirmed the decision of the regional trial court of Davao when it
convicted Leo Mendoza, the appellant who right there means of force and
intimidation and taking advantage of his moral ascendancy over the herein victim,
[AAA],his granddaughter, did then and there willfully, unlawfully and feloniously
have carnal knowledge of her, against her will.
Facts :
The incident happened at December 3, 2004 at Mendoza's house at around 1:00
pm. During such period, her step-grandmother was at the public market at that time
to buy viand. The victim recalled that she was then forced to enter a Mendoza's
conjugal bedroom then undressed her. The perpetrator then proceeded to mount
her, using his hand to open the victim's vagina and therein inserted his penis. Such
act resulted the Victim to cry out in pain but was ordered by Mendoza to keep mum
about the act. A few days later, the victim reported the incident to her stepgrandmother (YYY). When YYY confronted Mendoza, he denied having done such
action and then physically hurt the victim for allegedly lying. It was only on February
2005, when the step-grandmother reported such incident to the police and had the
victim medically examined. Dr. Ogatis, herein the medical expert who was
presented as a witness, opined that the injury in the vaginal area sustained by the
victim was consistent with her disclosure of sexual abuse by Mendoza.
Procedure:
1. On arraignment, Mendoza pleaded not guilty
2. During Pretrial, the prosecution and the defense stipulated, among others, that:
AAA was the granddaughter of the appellant; (2) AAA was nine (9) years old at the
time of the alleged incident of rape; (3) AAA was at appellant's house on the day of
the incident; and (4) AAA's step-grandmother, YYY, confronted the appellant on
December 7, 2004 about the vaginal pain of AAA.
3. The following witnesses were presented, the victim herself, AAA; her mother,
XXX; her step-grandmother, YYY; and the examining physician, Dr. Vita P. Ogatis (Dr.
Ogatis).
4. On cross examination, the victim stated that when she was made to hold the
appellant's penis, it was soft and that it touched the side of her vagina. It appeared
that the statements made by the victim became conflicting at first glance.

5.RTC Ruling: JUDGMENT is hereby rendered finding Accused guilty beyond

reasonable doubt of the crime of rape in Criminal Case No. 57,297-05 as defined
and penalized in Article 266-A and 266-B of the Revised Penal Code and the said
Accused is
hereby sentenced to suffer the penalty of Reclusion Perpetua and to pay the victim
the sum of Seventy Five Thousand (P75,000.00) Pesos in the above-mentioned
criminal case as civil indemnity and Fifty Thousand (P50,000.00) Pesos for the
above-mentioned case as moral damage.
6. On appeal, the appellant raised as issue the lack of the element of carnal
knowledge to constitute the crime of rape since his alleged "soft or limp penis
touched only the outer side of the outer lip of the female organ,"23 as stated by the
victim during her cross-examination. He argued that absent any showing of the
slightest penetration of the female organ, there can be no consummated rape.
7. CA: CA: WHEREFORE, the appeal is DENIED. The 16 April 2012 Decision of the
Regional Trial Court, Branch 12, Davao City, in Criminal Case No. 57,297-05, is
AFFIRMED with MODIFICATION that accused-appellant Leo Mendoza is ordered to
pay AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral
damages and P30,000.00 as exemplary damages.
8. Case was appealed to the Supreme Court with the following issue: The court a
quo erred when it convicted Appellant despite failure of the prosecution to Prove
carnal knowledge beyond reasonable Doubt.
9. In the instant case, the Court finds no compelling reason to contradict the factual
findings of the lower courts as they do not appear to be unfounded or arbitrary.
10.SC: WHEREFORE, the Court AFFIRMS the June 27, 2014 Court of Appeals Decision
in CA-GR. CR-I-IC No. 01048-MIN with MODIFICATIONS. Appellant Leo Mendoza is
found GUILTY beyond reasonable doubt of the crime of Qualified Rape, and
sentenced to suffer the penalty of reclusion perpetua without eligibility for parole.
He is ordered to pay the victim AAA the following: (a) Pl00,000.00 as civil indemnity;
(b) P 100,000.00 as moral damages; (c) Pl 00,000.00 as exemplary damages; and
(d) interest of six percent (6%) per annum on all damages awarded fiom the date of
finality of this judgment until fully paid.

ISSUE: Whether or not touching the outer side of the outer lip of the female organ
with the soft or limp penis constituted to carnal knowledge, consumated rape.
ISSUE: Whether or not the inconsistency of the testimony of the victim witness
during cross examination shall exonerate the accused from culpability
HELD:

Yes. Carnal knowledge is proven by proof of the entry or introduction of the male
organ into the female organ; the touching or entry of the penis into the labia majora
or the labia minora of the pudendum of the victim's genitalia constitute
consummated rape.
Under Article 266-A paragraph 1 of the Revised Penal Code, rape is committed by a
man who shall have carnal knowledge of a woman under any of the following
circumstances: a) Through force, threat, or intimidation; b) When the offended party
is deprived of reason or otherwise unconscious; c) By means of fraudulent
machination or grave abuse of authority; and d) When the offended party is under
twelve (12) years of age or is demented, even though none of the circumstances
mentioned above be present. If committed by a grandfather against his
granddaughter under eighteen (18) years of age, the rape is qualified pursuant to
Article 266-B of the same Code.

As ruled by this Court in People v. Ablog with regard to softness, it is relative and
that softness may not be to such a degree that penetration impossible. In the same
case, the Court declared that it may even be the touching by the victim of the
sexual organ of the accused-appellant which transformed its initially soft condition
to hardness.

On the second issue on whether or not the inconsistency of the testimony of the
victim witness shall exonerate the accused from culpability, the court ruled that
even if the Court concede to the alleged inconsistencies in the testimony of the
victim, such discrepancies will not detract from the fact that she categorically
identified the appellant as the culprit and recounted in detail the crime of rape
committed against her. Considering the victim's background, who at a very young
age was no longer going to school, she cannot be expected to answer each and
every question thrown at her with precision.

The Court ratiocinated in People v. Manayan that, "An error free testimony cannot
be expected from children of tender years, most especially when they are
recounting details of harrowing experiences, those that even adults would rather
bury in oblivion. To be sure, the testimony of a young rape victim may not be
described as flawless; but its substance, veracity and weight are hardly affected by
the triviality of her alleged inconsistencies. On the contrary, they may even
reinforce her credibility, as they have probably arisen from the naivete of a child,
confused and traumatized by the bestial acts done to the person.