People vs Mangalino of a recent genital trauma.
Under
Facts:
Victim, 6 years old was playing
at the 2-story apartment of the
accused and his wife. At the time of
the incident, there were 2 people
playing chess at the sala, and another
witness who testified in favor of
accused. Mangalino gave 2Php to the
girl and told her not to tell anybody.
He fingered her and inserted her
organ, but in vain
Issue: Despite failure to insert
and the fact of many person denying
the incident as well as the non-
reaction of the child, may Mangalino
be convicted of rape?
Rule: Yes, Mangalino is guilty
statutory rape.
Ratio: Rape could have been
perpetrated when there are indications
normal condition, the color of the
vestibular mucosa is pinkish. The
doctor found the mucosa dark red. The
forcible attempt of an erected penis to
have complete penetration caused the
3.5 cm contusion prior to the hymen.
In addition, the victim being of
tender age, the penetration could go
only as deep as the labia. In any case,
the court has consistently held that for
rape to be committed, full penetration
is not required. It is enough that there
is proof of entrance of the male organ
with the labia or pudendum of the
female organ. Indeed, even the
slightest penetration is sufficient to
consummate the crime of rape.
of As to the childs reaction, the
heart of the matter is the violation of
the childs incapacity to discern evil
from good.