People v.

Delfin Castro
6 May 1991
Padilla, J.

Facts:

 This is a case from RTC of Pasay for which the accused, Castro, was sentenced with a penalty
of reclusion perpetua for the crime of statutory rape as defined under Art. 335, paragraph 3 of
the RPC.
 The victim, Diana Rose Castro, was six years old when the crime was done. She narrates on
the witness stand that while playing with a neighbor sometime on 4 October 1986, she was
pulled by the accused and brought inside a bathroom, and made to stand on the toilet bowl.
The accused is a first cousin of Diana Rose’s mother (Diana’s uncle), which is known to the
victim as Kuya Delfin.
 In the bathroom, Diana was ordered by the accused to put up her clothes, pull down her
underwear, made her lean on the wall and, despite her efforts of pulling away Castro forced
himself unto the girl and inserted his penis into Diana’s private part which caused her pain.
She was then told to go home.
 At home, Diana refused that her aunt wash her private part because it was hurting and painful.
Diana’s grandfather noticed that she did not have appetite to eat and kept on crying; her
grandmother, Jacinta Castro talked to Diana and inquired about her condition. At first Diana
did not disclose of the rape but after her grandmother examined her private part and saw that
it was swollen, Diana eventually told of the despicable act that her Kuya Delfin did. Jacinta
then brought Diana to the NBI for examination, the medico-legal officer noted that the private
part of the girl was contused or bruised which were signs of a recent genital trauma. After the
examination, Delfin Castro was charged with rape.

ISSUES:

1) WoN rape was committed arguing that

a) The hymen of the victim was not lacerated.
b) The victim was allegedly standing while the crime was being committed.
c) The victim is still a virgin.

Yes, there is a crime of rape committed.

The Court ratio states:
The victim being of tender age, the penetration of the male organ could go only as deep as the labia.
In any case, for rape to be committed, full penetration is not required. (People v. Mangalino) Perfect
penetration, rupture of the hymen or laceration of the vagina are not essential for the offense of
consummated rape. Entry to the least extent, of the labia is sufficient.
Sexual intercourse in a standing position, while perhaps uncomfortable, is not improbable (the
standing position might have even facilitated the accused to level with the small girl’s private part and
accomplish the insertion).

2) WoN there was undue reliance on the conflicting testimony of the victim and not that of the
accused – No.

The prosecution’s evidence is simple and straightforward. Appellant’s alibi does not hold, nor was he
able to sufficiently substantiate his claims that he was in Adamson doing his term paper. Accused-
appellants claims that he was coerced and tortured by Pasay policemen was not proven, granting
arguendo, would not affect the prosecution’s case which has been established by other positive
evidence.