People V Mariano

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People v.

Mariano
Petitioner: The People of the Philippines
Respondent: Enrico Mariano y Exconde
Topic: Rape
Facts:
I.
First Attempt
One night, ten-year-old Jenalyn Mariano was at home with her father
(accused) and her brother Ronald in a rented house in San Pablo City.
While accused was drinking gin, he called the both of them and ordered each
to drink a glass of gin. Since they were afraid of their father who would spank
them for no reason, they drank gin.
Accused told them to sleep in the sala. Accused slept between Jenalyn and
Ronald. Jenalyn fell asleep immediately.
At 10PM, Jenalyn was stirred from her sleep and was shocked to see her
father naked. He was kneeling in front of her and his penis was touching her
vagina. She no longer wore her panty. Accused's hands were mashing her
breast and he was forcibly introducing his penis in her vagina.
Jenalyn struggled hard against accused, trying to remove accused's hands
and to move aside his legs. Accused desperately tried to insert his penis into
her vagina but could not. Then, accused masturbated. Jenalyn covered
herself with a blanket and tried to sleep but was unable to do so at once, not
only for fear but also because of the pain in her vagina.
II.
Second Attempt
Jenalyn was living with her aunt and accuseds older sister, Sonia Flor in Sto.
Angel, San Pablo City.
One night, accused, who was very drunk, ordered Jenalyn to sleep in the
extension room.
Accused took off his pants. Wearing only his brief, he laid down on a folding
bed where Jenalyn lay. He smoked a cigarette and placed a knife on the table.
Accused entered the mosquito net. Accused took off Jenalyn's "porontong"
shorts and panty and placed himself on top of her.
Jenalyn wanted to call out for help but accused poked the knife at her.
Accused then tried to insert his penis into her vagina. Jenalyn struggled and
kicked the accused. She felt accused's penis on her vagina. However, the
penis was not able to penetrate Jenalyn's vagina. Accused stood up and
masturbated until he ejaculated.
III.
Third Try
Accused told Jenalyn to lie down on the folding bed and sleep. He took off his
trousers and placed his knife on top of the cabinet where he kept his clothes.
Clad in his brief, accused took the knife on top of the cabinet and placed
himself on top of Jenalyn. He took off Jenalyn's pants and panty and, with his
brief lowered to his knees, tried to insert his penis into her vagina.
As accused tried to force his penis into Jenalyn's vagina, she felt "as if
something has been broken or turning apart." Jenalyn struggled against
accused and tried to kick him off. Accused's penis was not able to penetrate

Jenalyn's vagina, as his sex organ was big. He then stood up and masturbated
until he ejaculated.

Jenalyn went to see her aunt, Rosario who brought her to the police, who
investigated her and took her statement.
The trial court convicted accused of the charges. According to the court,
there was no consummated rape. The accused did not succeed in inserting
his penis into the vagina of his daughter.

Issue: WoN the accused is guilty of consummated rape, or attempted rape on the
basis of the evidence adduced
ATTEMPTED RAPE (Three counts)

Jenalyn testified categorically that accused tried to insert his penis into her
vagina, but did not penetrate her vagina.
In the first try, the penis stroked only her singit (groin). There was also no
penile penetration of her vagina on the second and third attempts. In her redirect testimony, Jenalyn clarified that there was no penile penetration of her
vagina, only ''fingering.
"But in the absence of any showing of the slightest penetration of the female
organ, i.e., touching either labia of the pudendum by the penis, there can be
no consummated rape; at most, it can only be attempted rape, if not acts of
lasciviousness."
In the testimony of Dr. Cerda, she admitted that the old healed lacerations
found in Jenalyn's vagina "could have been caused by penetration by the
opposite sex, excessive exercises, accident or trauma."

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