weight to the testimony of a young rape victim.[53]
Records will reveal that the accused-appellant never claimed that it was improbable for him to have carnal knowledge
of AAA because he was somewhere else when the offense was committed; and that he was so far away that it was
not possible for him to have been physically present at the place of the crime or at its immediate vicinity at the time of
its commission.[54] Instead, the accused-appellant insisted on the implausibility of him having carnal knowledge of
AAA because he had earlier filed a complaint against BBB, EEE, and Reyes for their alleged abuse of AAA. Accusedappellant's defense, to stress, did not find any meaning to the resolution of the present charge against him. His
defense easily crumbled when evaluated against the positive identification of AAA and her credible and forthright
testimony.
In a last-ditch effort to exculpate himself from liability, the accused-appellant ineffectually tried to make an issue on
the findings of Dr. Baluyot which he claimed did not suggest that sexual abuse had taken place. He contended that it
would be hard to conceive that a seven-year-old child would not sustain any injury on her perineum if she was
sexually abused. Furthermore, there was nothing in Dr. Baluyot's testimony that AAA was already in a non-virgin
state.[55]
Jurisprudence is not wanting on this particular issue raised by the accused-appellant. Indeed, the legal teaching
consistently upheld by the Court is that "[p]roof of hymenal laceration is not an element of rape. An intact hymen does
not negate a finding that the victim was raped. Penetration of the penis by entry into the lips of the vagina, even
without laceration of the hymen, is enough to constitute rape, and even the briefest of contact is deemed rape." [56] Dr.
Baluyot's finding that there was "penetrating trauma" on AAA's genitalia supported AAA's credible testimony that she
was raped by the accused-appellant.
Under Art. 266-B of R.A. No. 8353, the penalty of death shall be imposed if the victim of the rape is under eighteen
(18) years of age and the offender is a parent. However, with the effectivity of R.A. No. 9346, [57] the penalty of
reclusion perpetua without eligibility for parole, instead of death, shall be imposed.
Following the Court's decision in People v. Jugueta,[58] the Court modifies the award of damages to AAA and thus
holds the accused-appellant liable for the following: civil indemnity of P100,000.00; moral damages of P100,000.00;
and exemplary damages of P100,000.00. The accused-appellant shall further pay interest at six percent (6%) per
annum on the civil indemnity and the moral and exemplary damages reckoned from the finality of this decision until
full payment.[59]
WHEREFORE, the appeal is DISMISSED. The assailed Decision of the Court of Appeals finding the accusedappellant Ricardo Tanglao y Egana GUILTY beyond reasonable doubt of Rape under Art. 266-A of R.A. No. 8353 is
hereby AFFIRMED with MODIFICATION. He is sentenced to suffer the penalty of reclusion perpetua without
eligibility for parole and is ORDERED to pay AAA civil indemnity of P100,000.00; moral damages of P100,000.00;
and exemplary damages of P100,000.00; with interest at the rate of six percent (6%) per annum reckoned from the
finality of this Decision until full payment.
SO ORDERED.
Velasco, Jr., (Chairperson), Bersamin, Leonen, and Gesmundo, JJ., concur.
July 11, 2018
NOTICE OF JUDGMENT
Sirs / Mesdames:
Please take notice that on June 13, 2018 a Decision, copy attached hereto, was rendered by the Supreme Court in
the above-entitled case, the original of which was received by this Office on July 11, 2018 at 10:37 a.m.