FACTS:

Accused-appellant Decoroso Aca-ac, also known as "Kokong," was charged with four counts of rape in the Regional Trial Court of Tagbilaran City. The first information stated that on September 22, 1990, in Barangay Villalimpia, Municipality of Loay, accused-appellant lured and brought the minor victim Fritzie Aca-ac to his house, removed her panty, and had sexual intercourse with her. The second information alleged a similar act on October 17, 1990. The third information stated that on January 12, 1991, accused-appellant lured the victim to a bushy place near a nipa plantation, undressed her, and had sexual intercourse with her. The fourth information claimed that on September 8, 1990, accused-appellant brought the victim to an old uninhabited house, undressed her, and had sexual intercourse with her. During the joint trial, the prosecution presented five witnesses, including the victim, her mother, a classmate, a physician, and a rebuttal witness. The victim testified that accused-appellant forced her to go to the vacant house, undressed her, fondled her breasts, and had sexual intercourse with her. A classmate who witnessed the incident provided corroboration.

The accused-appellant, Decoroso Aca-ac, faced four counts of rape in separate incidents involving the complainant. In Criminal Case No. 7091, the complainant testified that accused-appellant lured her into his house under the pretext of giving her papayas but instead raped her. In Criminal Case No. 7092, the complainant stated that while she was gathering firewood, the accused-appellant forced her to undress and raped her. In Criminal Case No. 7093, the complainant alleged that the accused-appellant dragged her to a bush and raped her. The complainant's mother testified that her daughter admitted to being raped by the accused-appellant on four occasions. The accused-appellant denied the charges and contended that the complainant's mother instigated the charges due to personal disputes. The defense presented witnesses to support the accused-appellant's innocence. The prosecution, on the other hand, presented a witness who disputed the accused-appellant's claim of settlement offers made by the complainant's family.

In this case, the accused-appellant, Decoroso Aca-ac, faced four counts of rape committed against his stepdaughter, complainant Fritzie Aca-ac. The alleged incidents occurred on different dates in 1993. During the trial, the complainant testified that accused-appellant forcibly had sexual intercourse with her on those occasions. The defense denied the accusations and claimed that there was no penetration. The trial court, relying on the testimony of a doctor who examined the complainant, concluded that accused-appellant was guilty of frustrated rape in one count and acquitted him of the other charges. The court sentenced accused-appellant to an indeterminate penalty of imprisonment and ordered him to pay moral and exemplary damages to the complainant. On appeal, the Court of Appeals found accused-appellant guilty of consummated rape and sentenced him to reclusion perpetua. Accused-appellant appealed to the Supreme Court, arguing that the crime committed was frustrated rape, not consummated rape. The Supreme Court clarified that there is no such crime as frustrated rape and that rape is either attempted or consummated. The court discussed the elements of rape and reiterated that perfect penetration is not necessary for the consummation of rape, as any penetration of the female organ is enough. The Supreme Court ultimately affirmed the conviction of accused-appellant for consummated rape.

ISSUES:

1. Whether the crime committed was frustrated rape or consummated rape.

2. Whether the testimony of the victim is credible.

3. Whether or not the accused-appellant is guilty beyond reasonable doubt of the crime of rape.

4. Whether denial can prevail over the positive identification and categorical testimony of the complainant.

5. Whether the affidavit of desistance can be considered as evidence when it is unsigned.

6. Whether the delay in reporting the incidents and the absence of immediate disclosure to the authorities and complainant's mother are valid reasons to doubt the veracity of the accusations.

7. Whether the lack of immediate reporting by a witness and certain inconsistencies in his testimony affect his credibility.

8. Whether the alleged inconsistencies in the testimony of the witness are material.

9. Whether the court properly awarded damages to the complainant.

RULING:

1. The Court held that the crime committed was consummated rape. The Court explained that rape is either attempted or consummated, and there can be no frustrated rape. The entry of the male organ into the labia of the female organ alone is sufficient to constitute consummated rape. The fact that there was no laceration of the complainant's private parts or that her hymen was intact does not preclude a finding of rape. The Court also stated that a broken hymen or laceration of any part of the female genital is not a prerequisite for a conviction for rape.

2. The Court found the testimony of the victim to be credible. The Court stated that where an alleged rape victim says she was sexually abused, she says almost all that is necessary to show that rape had been inflicted on her person, provided her testimony meets the test of credibility. In this case, the victim was an 11-year-old Grade 5 student who was forced into silence by threats on her life. The Court found no reason for the victim's testimony not to be given credence.

3. The Supreme Court upheld the conviction of the accused-appellant for the crime of rape. The Court found the complainant's testimony to be consistent and credible, which proved that she was a victim of rape. The Court also concluded that the accused-appellant had no lawful justification or excuse for his act.

4. Denial cannot prevail over the positive identification and categorical testimony of the complainant. The rule is that between the positive declarations of the prosecution witnesses and the negative statements of the accused, the former deserves more credence.

5. An unsigned affidavit of desistance cannot be considered as evidence. The alleged affidavit of desistance presented by the accused-appellant cannot bind the complainant and her mother or prove anything when it is not properly authenticated.

6. The fact that the complainant did not immediately report the incidents to the authorities or disclose them to her mother was fully explained by the prosecution. Young girls, especially those who have been subjected to sexual abuse, often conceal their defilement for some time. Moreover, the accused-appellant, being a relative with moral ascendancy over the complainant, threatened her with death if she revealed what happened.

7. The lack of immediate reporting by a witness and certain inconsistencies in his testimony do not necessarily affect his credibility. The witness explained that he did not report the incident because he knew what would happen to the complainant based on his own experience with the accused-appellant. The witness also provided specific details about the incident, such as the gate, the house, and the absence of walls, which support the credibility of his account.

8. The alleged inconsistencies in the witness's testimony are inconsequential and do not affect his credibility. The witness's emotional reaction, as well as his fear for his life, provide reasonable explanations for any inconsistencies in his testimony.

9. The Court of Appeals correctly affirmed the trial court's award of P30,000.00 for moral damages and P20,000.00 for exemplary damages. However, the award of moral damages should be increased to P50,000.00. The award of P20,000.00 as exemplary damages should be deleted since it lacks basis.

PRINCIPLES:

• Rape is either attempted or consummated, and there can be no frustrated rape.

• The entry of the male organ into the labia of the female organ alone is sufficient to constitute consummated rape.

• The absence of laceration or intact hymen does not preclude a finding of rape.

• A broken hymen or laceration of any part of the female genital is not a prerequisite for a conviction for rape.

• The credibility of the victim's testimony is crucial in rape cases, and if it meets the test of credibility, almost all that is necessary to show that rape had been inflicted on her person has been established.

CASE DIGEST

• In cases of rape, the credibility of the complaining witness is of utmost importance. If her testimony is found to be consistent and credible, it can be enough to establish the guilt of the accused beyond reasonable doubt.

• The absence of physical resistance or outcry does not negate the commission of rape. Many victims of rape may not offer resistance due to fear or threats made by the perpetrator.

• The age of the victim does not diminish the credibility of her testimony. The Court must consider the totality of the circumstances, including the demeanor of the victim, to determine the veracity of her statements.

• The presence or absence of physical injuries to the victim is not determinative of the commission of rape. The crucial element of rape is the non-consensual act of sexual intercourse, regardless of the presence of physical injuries.

• Denial cannot prevail over positive identification and categorical testimony.

• Unsigned documents, such as affidavits, are not admissible as evidence.

• Delay in reporting sexual abuse incidents and the absence of immediate disclosure can be explained by the fear and intimidation experienced by victims.

• Inconsistencies in the testimony of a witness do not automatically render it unreliable when there are plausible reasons for such inconsistencies.

• Inconsistencies in a witness's testimony are inconsequential if they do not affect the credibility of the witness.

• Emotional reactions and fear can provide reasonable explanations for inconsistencies in a witness's testimony.

• The court may modify the amount of damages awarded if necessary, in accordance with current rulings.