PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BERNARDO HERMOSADA, ACCUSED-APPELLANT.

People versus Hermosada

The Case

This is the People of the Philippines against Bernardo Hermosada, a criminal prosecution for the crime of rape under Article 335 of the Revised Penal Code, brought on behalf of a twelve-year-old girl, Visitacion Romeo. The accused, then sixty-two years old, a widower and a carpenter who had been hired to build the family's house, was convicted by the trial court and appealed. The case matters to the reviewee for two reasons: it states the rule on what consummates rape, namely that proof of entrance of the male organ within the labia of the pudendum is sufficient, and it teaches how the Supreme Court treats the testimony of a child victim and the conduct of her parents.

Procedural History

On January 12, 1973, the offended party filed a complaint for rape with the Municipal Court of Maramag. After a preliminary investigation, the Provincial Fiscal filed the information before the then Court of First Instance of Bukidnon on March 9, 1973. The accused pleaded not guilty upon arraignment, and the case proceeded to trial. On August 20, 1974, the trial court rendered its decision, finding the accused guilty beyond reasonable doubt of rape, sentencing him to life imprisonment, ordering him to indemnify the victim in the sum of 6,000 pesos as moral damages, and to pay the costs. The accused forthwith filed a notice of appeal, and the case came to the Supreme Court on review.

Facts

At the time of the incident, Visitacion Romeo was twelve years old and a grade five pupil at the Kisanday Elementary School. She walked the three-kilometer distance between her house and school, in the morning with her seven-year-old sister and alone in the late afternoon. She knew the accused because her father had hired him three months before to construct their house, and he would eat his meals with her family.

In the late afternoon of December 15, 1972, while on her way home from school, the accused called her from a corn field about fifty meters away, saying "Bi, come here." She went near him, thinking he had some purpose with her. He held her right hand, pushed her to the ground so that her knees hit the ground, removed her panty, and threatened, "If you will refuse I will kill you." He kissed her face, placed himself on top of her, removed his short pants and underwear, and inserted his penis into her vagina. She felt pain, pinched him at his side, and struggled, but he held her shoulders and folded her legs apart. After the act, she went home and reported the matter to her mother, who cried.

The following morning, her father, who had been in their other house in Pig-awakan about two kilometers away, berated the accused upon learning what he had done. Thereafter, the father reported the incident to the Philippine Constabulary headquarters at Malaybalay and brought Visitacion to the Bukidnon Hospital, where she was examined by Dr. Adoracion de la Cerna on December 20, 1972. The medical certificate showed a healing contused abrasion on the right knee, no laceration of the hymen, and erythema and contusion on the right side of the labia minora. The accused denied the charge and offered an alibi, corroborated by two witnesses.

Issues

• Whether or not the accused is guilty beyond reasonable doubt of the crime of rape despite the supposedly doubtful, inappropriate, and unrealistic testimony of the offended girl on the manner the crime was committed against her.
• Whether or not the absence of complete penetration, shown by the intact hymen, means that rape was not consummated.
• Whether or not the alleged indifference and inaction of the victim's parents after learning of the crime casts doubt on her story.

Applicable Provisions

Article 335 of the Revised Penal Code, as cited in the information, defines the crime charged:

Contrary to and in violation of Article 335 of the Revised Penal Code.

The information charges that the accused, with lewd design and with intent to rape Visitacion Romeo, a twelve-year-old child, by means of force and intimidation, wrestled with her, threw her to the ground, removed her drawers, placed himself on top of her, and had sexual intercourse with her against her will, and this is the provision under which the conviction was rendered.

Ruling

On the first issue, the Court held that the testimony of the victim was credible. The trial court, which had the full opportunity to study and observe her demeanor at close range, accorded full credence to her testimony, finding no reason to doubt her credibility as she delivered her testimony in a straightforward manner despite her tender years. The Supreme Court, having thoroughly read her testimony, was likewise convinced of its veracity. She was able to narrate with simplicity and sufficient clarity the manner by which the crime against her chastity was committed. The Court observed that had she been more vivid and eloquent in her description, it would have suspected her story to be a mere fabrication. Her youth explains her lack of knowledge of sexual matters, and her recital dovetails with the medical findings of Dr. de la Cerna.

On the second issue, the Court held that incomplete penetration does not mean that rape was not committed. It stated the rule:

For rape to be consummated, proof of entrance of the male organ within the labia of the pudendum is sufficient.

The victim's statement that the accused was executing a push and pull movement while his penis was unmoving inside her vagina was explained by the fact that there was no complete penetration, hence no laceration of the hymen, but merely erythema or reddening and contusion on the right side of the labia minora, which the physician stated could have been caused by a blunt instrument like a man's private part. By the positive testimony of the victim, corroborated by the medical findings, there was no doubt that there was such penetration, however slight.

On the third issue, the Court held that the actuations of the victim's parents were no indication of unconcern or indifference. When Visitacion reported the incident to her mother, the latter cried. The mother did not act immediately because her husband was in their other house about two kilometers away. Considering the psychological make-up of married Filipinas, particularly those residing in the barrios at that time, this reaction was hardly unusual. Basically submissive and deferential to the husband's judgment, a Filipina married woman would not take any drastic action without first consulting her husband. When the father arrived the following morning, he berated the accused, and thereafter reported the incident to the Philippine Constabulary and brought Visitacion to the hospital. The Court found these actuations more in keeping with the Filipino tradition of requiring a family consensus to be arrived at first before a family dishonor can be made public by reporting to the authorities.

Doctrine

For rape to be consummated, proof of entrance of the male organ within the labia of the pudendum is sufficient; complete penetration and laceration of the hymen are not required. The testimony of a child victim of tender years, narrated with simplicity and clarity and corroborated by medical findings, is entitled to full credence, and the trial court's assessment of her demeanor will not be disturbed absent cogent reason. The alleged delay or inaction of a victim's parents in reporting the crime does not necessarily impair the victim's credibility, especially where it is explained by the Filipino tradition of family consensus before a family dishonor is made public.

Disposition

The Supreme Court affirmed the decision of the trial court, sustaining the conviction of Bernardo Hermosada for rape and the penalties imposed.

Remember This

Memorize the line: for rape to be consummated, proof of entrance of the male organ within the labia of the pudendum is sufficient. Examiners use this case to test the consummation rule where the hymen is intact, and to test the credibility of a child victim and the effect of the parents' delay in reporting.