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.

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