[ G.R. No. 132217. June 13, 2000]

PEOPLE vs. BONIFACIO TOREJOS y PA�ARES

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 13 2000.

G.R. No. 132217 (People vs. Bonifacio Torejos y Pa�ares.)

The accused-appellant seeks his acquittal or reduction of penalty by the application of the doctrine enunciated in People vs. Tolentino1G.R. No. 130514, June 17, 1999.. In said case, this court reduced the penalty imposed upon the accused Tolentino and found him guilty only of attempted rape on the following ratiocination:

"The prosecution did not ask her the appropriate questions to get some more important details that would demonstrate beyond any shadow of doubt that TOLENTINO's penis reached the labia of the pudendum or the lips of RACHELLE's vagina. It should have, for instance, asked whether TOLENTINO's penis was firm and erect or whether RACHELLEA's legs were spread apart to bring us to the logical conclusion that, indeed, TOLENTINO's penis was not flabby and had the capacity to directly hit the labia of the pudendum or the lips of RACHELLE's vagina. There is paucity of evidence that the slightest penetration ever took place. Consequently, TOLENTINO can only be held liable for attempted rape."2 Ibid . at p. 7.

The above reasoning finds no applicability to the case of TOREJOS. In TOLENTINO, this court found the testimony of the main prosecution witness insufficient to convict the accused of rape inasmuch as the findings of the medico-legal officer showed that there were no signs of extragenital injuries and that the hymen of the victim was intact. Given those two factors, this court was in doubt as to whether the rape was indeed consummated since there was no evidence showing that the penis touched the labia of the pudendum. In People vs. Campuhan3 G.R. No. 129433, March 31, 2000. this Court ruled that rape is consummated when there is touching of either labia i.e minora or majora, of the pudendum by the penis.4 Ibid . at p. 10.

In the present case, the testimony of the prosecution witness was corroborated by the medical report, which showed that the victim sustained lacerations in her vagina leading to no other conclusion than that the rape was indeed consummated. Not only was there an actual touching of the labia of the vagina by the accused-appellant's penis; there was also penetration as shown by the laceration borne out by the medical report.

WHEREFORE, the MOTION FOR RECONSIDERATION is hereby DENIED.

Vitug, J., is on official leave.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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