049. PEOPLE v.

HERNANDEZ
G.R. No. L-23916 | October 14, 1925 | En Banc | Appeal |
People plaintiff-appellee
Domingo Hernandez accused appellant
Decision by: Ostrand, J.
Digest by: KY Bautista

Short version: A 70-year old man had carnal knowledge of a 9 year old girl but the trial court only convicted him of frustrated rape
because there was no rupture of the hyman. SC says no, there was consummation of the crime of rape because it has already be
held in numerous cases that any penetration, w/n reaching the hymen, is sufficient to constitute the crime. It is enough if the
woman's body is entered; and it is not necessary to show to what extent penetration of the parts has taken place

Facts:
Accused is a 70-year old man. Offended party is a 9-year old girl. No question as to guilt; evidence showed that both were
living in the same house and taking advantage of the absence of the other inhabitants, he had intercourse with her by
force and intimidation.
In the Info: Defendant Hernandez is accused of raping 12-year old Conrada Jocson, intimidating and forcing her with a
knife. He held this knife should she not accede to his wish then had carnal knowledge of Jocson. The following
aggravating circumstances existed: 1) accused is the husband of the grandmother of Jocson; 2) grave abuse of
confidence: the offended and the accused lived in the same house
He admits this but says he was intoxicated and did not know what he was doing.
o Witness accounts say that he did not show signs of intoxication during or after the crime.
Trial Court: only frustrated rape, sentenced to 10 years and 1 day of prision mayor (no consummated rape without a
complete penetration of the hymen)

Issue: W/N there was a consummation of the crime --- Yes

Ruling: Judgment appealed from is modified: defendant guilty of the consummated crime of rape and, in view of the aggravating
circumstances, the penalty imposed is increased to 17 years, 4 months and 1 day of reclusion temporal, with the accessory
penalties prescribed by law.

Ratio:
State v. Johnson:
finding the hymen intact is not always proof that no rape has been committed, nor virginity; for the case are not rare
where the hymen had to be removed after impregnation and in order to permit delivery
Any penetration, w/n reaching the hymen, is sufficient to constitute the crime; "scientific and anatomical distinctions as to
where the vagina commences are worthless in a case of rape; it is enough if the woman's body is entered; and it is
not necessary to show to what extent penetration of the parts has taken place; whether it has gone past the hymen,
into what is anatomically called the hymen, or even so far as to touch the hymen.

Ppl v. Rivers:
while the rupturing of the hymen is not indispensable to a conviction, there must be proof of some degree of entrance of
the male organ "within the labia of Pudendum."

Numerous cases: entry of the labia or lips of the female organ, without rupture or laceration of the vagina, is sufficient to warrant
conviction of the consummated crime of rape

Physician (who examined her immediately after the crime): found the labia and the opening of the vagina inflamed together with an
abundance of semen. Hymen was intact.

From the evidence: accused lay on top of her for over 15 mins and continued his efforts of penetration; she testifies that the accused
succeeded in a partial penetration and that she felt intense pain.

Thus, crime must be regarded as consummated.

Voting: Avancea, C. J., Street, Malcolm, Villamor, Johns, Romualdez and Villa-Real, JJ., concur.