PEOPLE v GAA

People of the Philippines Vs. Blas Gaa y Rodriguez

G.R. No. 212934 

June 7, 2017 

FACTS: 

In the morning of April 4, 2001, 'AAA' was at their house, with his father, Blas Gaa. AAA's mother was at work while her younger brother was ordered by Blas Gaa to fetch water. Alone with Blas Gaa, AAA was asked by him to remove her shorts and panty. Blas Gaa also removed his own shorts and brief and placed himself on top of AAA. He tried to insert his penis to AAA's vagina for several times but did not succeed in penetrating AAA's vagina although his penis was in the 'bokana' of AAA's vagina. Blas Gaa also inserted his fingers inside AAA's vagina and told AAA that she should behave and should not stop him from what he was doing. After April 4, 2001, AAA repeatedly had the same experience from Blas Gaa many times. The last incident happened sometime in March 2003. AAA was in their bedroom when Blas Gaa threatened to kill her with a bolo. She first reported the incident to her mother on April 6, 2003 because her younger brother saw Blas Gaa on top of her. He was the one who first told their mother. AAA's mother got mad and filed the cases against Blas Gaa. On the part of the defense, Blas Gaa testified that on April 4, 2001, between 7-10 a.m., he was in the surroundings of his house cutting grass. He only returned to the house to drink water. He denied raping AAA, and threatening to kill her. He also denied the incident which happened sometime in March 2003. He said that the reason that AAA accused him of rape is because his wife was having an affair with another man. He suggested to his wife to have AAA medically examined and that the medical certificate shows a negative result for laceration, spematozoa, among others. On February 10, 2011, the RTC found accused-appellant guilty beyond reasonable doubt of the charges two counts of qualified statutory rape. On appeal, the CA affirmed with modification the ruling of the RTC

ISSUES: 

1. Whether or not the trial court gravely erred to prove the relationship between Blas Gaa and AAA. 2. Whether or not Blas is guilty of rape. 

HELD: 

1. NO. Accused-appellant admitted, on several occasions, that he is the father of AAA. In his Memorandum dated September 15, 2010, he phrased the issue to be resolved in this manner: 'Whether or not Accused Blas Gaa is guilty of raping his own daughter AAA', a clear admission of. his relationship with the victim. There, he did not raise the issue of whether AAA was his daughter. Similarly, as pointed out by the People in its Appellee's Brief, during accused-appellant's cross-examination on September 15, 2009, he admitted that AAA was one of his two children. AAA's birth certificate also shows that Blas Rodriguez Gaa is her father. It is clear as crystal that accused-appellant is the father of AAA. His claim that he is not is obviously his futile attempt to defend himself and remove the qualifying circumstance of the rape for which he was convicted in order to lower his penalty. 

2. YES. The foregoing testimony establishes the fact that accused-appellant's penis penetrated, however slight, the lips of the female organ or the labia of the pudendum. As such, the crime of rape was consummated. It is well-settled that full penetration of the female genital organ is not indispensable. It suffices that there is proof of the entrance of the male organ into the labia of the pudendum of the female organ. Any penetration of the female organ by the male organ, however slight, is sufficient. Penetration of the penis by entry into the lips of the vagina, even without rupture or laceration of the hymen, is enough to justify conviction for rape.