Hanna L.

Supetran JD- 3A
Legal Medicine

People of the Philippines, plaintiff- Appellee

vs.
Edgar Allan Corpuz Y Flores, Accused- Appellant
G.R No. 208013
July 3, 2017

Facts:
Allan was charged with four counts of rape in the Regional Trial Court of
Pangasinan when accused, by means of force, feloniously have sexual
intercourse with AAA, 14 years old, with a mental age of a 5 year old child,
against her will and without her consent. To her damage and prejudice.
During the trial, Dr. Araos- Liberto issued the Medico Legal Certificate,
which stated that AAA was 14 years old when she examined. Her findings
provided: Healed hymenal lacerations at 11:00, 5:00 and 2:00 o’clock
positions, Hymenal orifice admits two fingerprints; Pregnancy test
corresponds to 3 to 4 month age of gestation. Allan, however denied all the
allegations against him.
Sometime in 2008, AAA again testified and during that time she was
already 20 years old and she brought with her, her four year old child and
claimed that Allan was the father of the said child. Upon motion before the
trial court, the defense applied for Deoxyribonucleic Acid (DNA) paternity
testing and was granted by the court.
Forensic Biologist III Demelen dela Cruz and Forensic Chemist I Gemma
Shiela Orbeta of the National Bureau of Investigation, Manila, took biological
samples such as buccal swab and blood from Allan, AAA, and XXX in open
court.

Issue:
 Whether or not accused is guilty of rape under 266-A 1(d), Revised
Penal Code;
  Whether the DNA Paternity testing result can be admitted as evidence
to the crime perpetuated by the accused.

Ruling:
Yes, the sexual congresses between Allan and AAA were clearly
established by the victim’s testimony. To warrant a rape convition under
Article 266-A 1(d). it should be shown that a man had carnal knowledge with
a woman, or a person, sexually assaulted another is under (12) years of age or
is demented. In this case, AAA was 14 years old when the crimes were
perpetuated by the accused but her neuropsychiatric examination had
revealed that AAA had a mental age of 5 years old and 8 months child.
The DNA paternity testing, revealed that indeed Allan was the father of
XXX when the profiles of XXX, AAA, and Allan showed 99.9999% probability
result. This is in conformity with Section 9 of the Rule on DNA Evidence. “DNA
is the fundamental building block of a person’s entire genetic make-up. It is
found in all human cells and is the same in every cell of the same person.
Genetic identity is (however) unique. Hence, a person’s DNA profile can
determine his identity.”