People v.

Mangalino
February 15, 1990
G.R. No. 79011 | Sarmiento, J.

FACTS:
 This is an appeal from an RTC Manila decision, where accused Mangalino was convicted of
statutory rape under Art. 335 par. 3.
 He was accused of raping the complainant’s 6-year old daughter, Marichelle.
o Marichelle was playing ‘takbuhan’ in Mangalino’s apartment when he motioned for her
to go inside his bedroom. He handed her a 2 peso bill and tolde her not to tell anybody.
o He inserted his finger into her private part, and forcibly and repeatedly introduced his
sexual organ into her genitalia, but in vain.
 Upon coming home, Marichelle admitted to her mother what happened. The mother,
Bernardine, submitted her daughter to an examination certified by the NBI and found only
recent genital trauma—hymen intact, no evidence of extragenital (labia) physical injury.
o The doctor discounted the probability of an accident being the cause of the contusions
and bruises—it was an indication of an unsuccessful penetration and not something like
bumping at an edge of a chair.
 Marichelle identified Mangalino when he was invited to the Philippine Constabulary
Headquarters, but he denied abusing her.
o He argued the bruises in her vestibular mucosa may have been self-inflicted, and due to
an accident, which explained the absence of contusions in the labia.
o Marichelle admitted she felt no pain when he was trying to insert his penis, she did not
cry in pain or shout for help.
 Mangalino’s formal defenses are:
o Probability of rape being committed is low, considering that the commission of the crime
was impossible since the alleged rape was done in broad daylight, and there were 8
other persons on the ground floor where it happened. He would’ve been easily noticed.
o He also asserts the room where the abuse took place was not even a room, but was
only divided from the rest of the living room with a wooden divider full of holes.

ISSUE: W/N accused Mangalino committed statutory rape as provided in Art. 335 par. 3

JUDGMENT: Appealed decision of RTC Manila is AFFIRMED. Mangalino is guilty beyond

reasonable doubt of statutory rape.

HELD/RATIO:
 Yes, statutory rape had been committed beyond the shadow of a doubt.
 The gravamen of the offense of statutory rape is the carnal knowledge of a woman below 12
years of age. Marichelle was 6. Beyond that, lack of proof of intimidation of force used on
her is immaterial.
 The findings of the NBI Medico legal officer were also given great weight, when he certified
the existence of indications of recent genital trauma. There was forcible attempt of an
erected penis to have complete penetration. He even discounted the probability of an
accident causing the bruises.
o The penile-vaginal contact without penetration was due to the one-centimeter diameter
opening of Marichelle's hymen. The victim being of a tender age, the penetration could
go only as deep as the labia.
o 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 within the labia or
 pudendum of the female organ. Even the slightest penetration is sufficient to
consummate the crime of rape.
 Furthermore, the close relationship of Mangalino to Marichelle as neigbors and the degree
of respect that he may have had in Marichelle's life, helps explain why physical force was
not employed.
o The mere size of the accused, a robust security guard, and 163 centimeters (five feet
and four inches) in height, could have easily immobilized the victim who was at that time
only one hundred eight centimeters tall and weighing 31.818 kilos (70 lbs.).
 The attempt to discredit the prosecution's version as shown by the fact that Marichelle did
not cry out or struggle against her attacker deserves scant consideration.
o The absence of hymenal laceration adequately explains why Marichelle did not feel any
pain during the attempted sexual intercourse. Why would she struggle, when she did
not even know that her chastity was being violated? As her mother testified, it was only
upon realizing that she had been defiled did her daughter cry.
o Marichelle was also found to be telling the truth based on how she presented herself on
the witness stand—she couldn’t have concocted this serious charge due to her tender
age and her little formal schooling.
 The accused claims it was impossible for him to have raped the victim in the presence of
other people, in a place without privacy. Court doesn’t agree.
o Rape was in fact committed. It is quite possible for an experienced man, like the
accused, to consummate rape in just one minute, without attracting the attention of the
people inside the apartment. Lust respects no time or place.
 The heart of the matter is the violation of a child's incapacity to discern evil from good. As
the behavior of the victim towards the accused during the commission of the crime and her
testimony before police officers and in the court indicate, she had no awareness of the
wrongfulness of the action of the accused who was old enough to be her grandfather.
o Her willingness to lie down on and accept the P2.00 indicate absolute trust and
confidence of the very young in an older person.
o A 53-year-old man who corrupts and violates the purity and dignity of a minor is
morally depraved and should be punished to the limits of the law.