Carnal knowledge in rape cases
Carnal knowledge is proven by proof of the entry or introduction of the male
organ into the female organ; the touching or entry of the penis into
the labia majora or the labia minora of
the pudendum of the victim’s genitalia constitutes
consummated rape.[1]In People v. Galvez,[2] the RTC and the CA both found that the element of
carnal knowledge was sufficiently established by AAA’s narration that
accused-appellant had sexual intercourse with her, to wit:
[TSN, December 13, 1995]
x x x x
FISCAL: Q And you stayed [at the accused’s house] on May 14, 1995 and while you were there do you know of any unusual incident that happened between you and [the accused]? A Yes, sir. Q Would you please tell this Honorable Court [w]hat was that unusual incident that happened between you and [the accused] on May 14, 1995 while you stayed with him? A He removed my clothes and then my under wear then he went on top of me. x x x x A He had sexual intercourse with me, sir. x x x x Q The following day on May 15, 1995[,] were you in the house of Idring or the accused Enrique Galvez? A Yes, sir. Q Was there any unusual incident that happened between you [and the accused] on May 15, 1995? A Yes, sir. Q Could you tell us what was that unusual incident that happened between you and the accused on May 15, 1995[?] A He did the same thing to me sir, he again undressed me, I was naked. COURT: Q And after you were undressed? A He again went on top of me ma’am. Q And? A None, your Honor. He again had a sexual intercourse with me. x x x x FISCAL: Q How about on May 16, 1995 were you still in the house of [the accused]? A Yes, sir. Q And do you recall of any unusual incident that took place between you [and the accused] on the same date? A Yes, sir. Q What was that unusual incident that happened between you and [the accused on May 16, 1995]? A The same thing, sir.
[TSN, April 27, 1998]
FISCAL: Q While in the house of the accused on May 18, 1995, do you recall of any unusual incident that happened to you? A Yes, sir. Q What was that unusual incident that happened to you inside the house of the accused on May 18, 1995 at around 12:00 noon? A [The accused] undressed me and thereafter he had sexual intercourse with me. x x x x Q And after he removed your clothes, what did the accused do if any? A He went on top of me. Q And when he was already on top of you, what did the accused do? A He had sexual relation with me.
The Supreme Court agreed with the lower courts that carnal knowledge was proved.
[1] People v. Aguiluz, 406 Phil. 936, 944 (2001).
[2] G.R. No. 212929, July 29, 2015.