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POLYTECHNIC UNIVERSITY OF THE PHILIPPINES

COLLEGE OF LAW

CRIMINAL LAW II
SECOND SEMESTER AY 2023 - 2024

NAME: Lorenzo, Jan Patrick O.


SECTION: JD 1-2

CASE DIGEST

TITLE OF THE CASE: PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs.JERRY FERRER Y MOLINA


@ "Jerry Rugby", accused-appellant
GR # AND DATE: G.R. No. 142662, August 14, 2001
PONENTE: Justice Gonzaga-Reyes

CASE DOCTRINE It is settled that laceration is not an element of the crime of rape. 21 The absence
of lacerations does not negate rape. The presence of lacerations in the victim's
vagina is not necessary to prove rape; neither is a broken hymen an essential
element of the crime. It has been held that prior sexual intercourse which could
have resulted in hymenal laceration is irrelevant in rape cases for virginity is not
an element of rape. Moreover, hymenal lacerations after sexual congress
normally occurs on women who have had no prior sexual experience. The victim
is a married woman with a husband and two (2) children. It is doctrinally settled
that full penetration of the vaginal orifice is not an essential ingredient nor is the
rupture of the hymen necessary; the mere touching of the external genitalia or
labia of the female organ by the penis capable of consummating the sexual act is
sufficient to constitute carnal knowledge.

FACTS An Information for rape was filed with the Regional Trial Court of Makati,
charging Jerry Ferrer with the offense. The incident allegedly occurred on August
21, 1998, when Catherine Vicente, the victim, encountered Ferrer while looking
for her husband. Ferrer purportedly led her to various locations under false
pretenses, then threatened her with an ice-pick, coercing her into a secluded area
where he raped her. Catherine reported the incident the next day, leading to an
investigation and medical examination confirming her injuries. Ferrer denied the
accusations, claiming consensual interactions. Following a trial, the court found
Ferrer guilty of rape and sentenced him to reclusion perpetua, also ordering him
to pay moral damages to Catherine.
ISSUE/S: Whether or not the Trial Court erred in finding the accused guilty beyond
reasonable doubt of the crime of rape.
RULING: No. The accused-appellant in this case challenges the conviction, arguing that the
evidence fails to meet the standard of proof beyond reasonable doubt. He
disputes the victim's account, particularly concerning the absence of physical
injuries and the condition of her hymen as indicated in the medical report.
However, the court dismisses these arguments, emphasizing that the absence of
physical injuries does not negate rape, and hymenal laceration is not a
requirement for proving the crime. Additionally, the court underscores that the
victim's testimony alone, if credible, is sufficient for conviction, and medical
evidence is merely corroborative. The court also rejects the defense's reliance on
the absence of spermatozoa or the testimony of additional witnesses, stating that
the victim's credible account is paramount. Ultimately, the court affirms the
conviction, imposing the penalty of reclusion perpetua due to the use of a deadly
weapon and orders the accused to pay civil indemnity to the victim.

WHEREFORE, the judgment appealed from is hereby AFFIRMED WITH


MODIFICATION that accused-appellant Jerry Ferrer @ "Jerry Rugby" is further
ordered to pay the private complainant, Catherine Vicente, an additional amount
of Fifty Thousand (P50,000.00) Pesos as civil indemnity.

SO ORDERED.

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