the rape is deemed consummated if the victim felt pain, or the medico-legal
examination finds discoloration in the inner lips of the vagina, or the labia minora is
already gaping with redness, or the hymenal tags are no longer visible. 28 In the
present case, the victim testified that she felt pain and her vagina bled, indisputable
indications of slight penetration or, at the very least, that the penis indeed touched the
labia and not merely stroked the external surface thereof. Thus, the appellant should be
found guilty of (consummated) rape and not merely frustrated or attempted rape.
Pursuant to Section 11 of RA 7659 or the Heinous Crimes Law, the penalty of death is
imposed if rape is committed when the victim is under 18 years of age and the offender
is the common-law spouse of the parent of the victim. However, the trial court was
correct in not imposing the death penalty in Criminal Case Nos. 97-159184 and 97159187 because the qualifying circumstances of age and relationship of the victim to
the appellant were not alleged in the information. 29 Thus, appellant can only be
convicted of simple rape punishable by reclusion perpetua under Article 335 of the
Revised Penal Code. However, in Criminal Case Nos. 97-159185 and 97-159186, the
appellant can be convicted of statutory rape also punishable by reclusion perpetua
under Article 335 of the Revised Penal Code inasmuch as the age of Jessica was alleged
in the information 30 and duly proven during the trial by the presentation of her birth
certificate. 31
We award moral damages of P50,000 for each count of rape as moral damages are
automatically awarded to rape victims without need of pleading or proof. 32 We also
award civil indemnity ex delicto of P50,000 for each count of rape in the light of the
ruling that civil indemnity, which is distinct from moral damages, is mandatory upon the
finding of the fact of rape. 33 We likewise award exemplary damages of P25,000 for
each count of rape consistent with the prevailing jurisprudence on the matter. 34
WHEREFORE, the decision of the Regional Trial Court of Manila, Branch 18, in Criminal
Case Nos. 97-159184 to 87 is AFFIRMED with the following MODIFICATIONS:
chanrob1e s virtual 1aw lib rary
1. In Criminal Case No. 97-159184, appellant is convicted of simple rape under Article
335 of the Revised Penal Code and sentenced to suffer the penalty of reclusion
perpetua.
2. In Criminal Case No. 97-159185, appellant is convicted of statutory rape under
Article 335 of the Revised Penal Code and sentenced to suffer the penalty of reclusion
perpetua.
3. In Criminal Case No. 97-159186, appellant is convicted of statutory rape under
Article 335 of the Revised Penal Code and sentenced to suffer the penalty of reclusion
perpetua.
4. In Criminal Case No. 97-159187, appellant is convicted of simple rape under Article
335 of the Revised Penal Code and sentenced to suffer the penalty of reclusion
perpetua.
For each count of rape, appellant is ordered to pay complainant Jessica Castro P50,000
as moral damages, P50,000 as civil indemnity and P25,000 as exemplary damages, or
a total of P500,000. Costs against Appellant.