People V Balgos

People v Balgos Crisselle was raped by the accused-appellant,
Michelle and Waday answered in the affirmative.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. Thereupon, Criselda informed her husband,
ALFONSO BALGOS, Alias "Lupog," accused-appellant Arturo Fuentes, about the incident. The spouses
Fuentes asked Crisselle if the story was true.
In a criminal Complaint, dated 9 November 1995, Alfonso Crisselle cried and confirmed that she was raped
Balgos, alias "Lupog," was accused by Crisselle Ilanga by the accused-appellant.
Fuentes, a six (6) year old child, of the crime of rape. The  Thereafter, Crisselle and her parents went to their
complaint1 reads: Barangay Captain, Loreto Araw-araw, to report
the incident. The Barangay Captain, together with
Facts: two of his tanods, picked up the accused-appellant
and brought him to the Barangay Hall for
 On the fateful day of 8 October 1995, at around questioning. Asked if he indeed raped Crisselle,
2:00 o'clock in the afternoon, Crisselle Fuentes the accused-appellant denied the accusation. The
went to the house of the accused-appellant to play Barangay Captain then asked Crisselle about the
with Michelle and Waday, both surnamed Balgos incident. Crisselle recounted her harrowing
and nieces of the accused-appellant.2 experience at the hands of the accused-appellant.17
 While they were playing, the accused-appellant After finishing his inquiry, the Barangay Captain
went up to Michelle and asked her to go outside brought Crisselle, her parents and the accused-
and buy cheese curls. appellant to the police station for further
investigation.
 When Michelle left the house, the accused-
 The following day, Criselda brought Crisselle to
appellant directed her attention towards Crisselle.
the Roxas Memorial General Hospital for medical
He opened the zipper of his pants.3 He then took examination. Crisselle was attended to by Dr. Ma.
Crisselle by the right forearm and made her hold Lourdes B. Lañada, a gynecologist-obstetrician,
his penis for a short time.4 who, after her examination, issued a medical
 When Michelle came back, the accused-appellant certificate
asked her and Waday to go outside and buy more  The accused-appellant denied raping Crisselle but
cheese curls. The two girls acceded and left claimed that he only inserted his left index finger
Crisselle with the accused-appellant. Whereupon, into her vagina because he was sexually aroused at
he closed the door and locked the same. that time.
 He then removed Crisselle's shorts and underwear,  In support of this contention, the accused-
took off his own pants and brief and laid her down appellant testified that if his penis, with a
on a mat.5 The accused-appellant next went on top circumference of 3 1/2 inches, had entered the
of Crisselle and used his hand to direct his penis vagina of Crisselle, the laceration of her hymen
towards the opening of her vagina. would have been bigger and not just 0.2 cm
 He made a push and pull movement with his penis
into Crisselle's vagina which caused her to feel Issue:
pain. However, the accused-appellant could not
 WON the commission of crime is rape or acts of
penetrate Crisselle's vagina and was only able to
lasciviousness?
push his penis against the opening of the same.
Because of this, he re-positioned his penis and Ruling:
tried again to penetrate Crisselle's organ.
 Despite this effort, he still failed. The accused-  WHEREFORE, the decision of the trial court
appellant stopped his bestial act when he noticed finding accused-appellant Alfonso Balgos, alias
through the window that Michelle and Waday "Lupog," guilty beyond reasonable doubt of the
were returning and were about to unlock the door. crime of rape and sentencing him to suffer the
He then put on his pants, covered Crisselle with a penalty of death is hereby AFFIRMED, with the
blanket and had her put on her underwear. When MODIFICATION that the accused-appellant is
Michelle and Waday entered the house, Crisselle ordered to indemnify the victim in the amount of
was still covered with a blanket. Seventy-Five Thousand Pesos (P75,000.00) as
civil indemnity and Fifty Thousand Pesos
 Crisselle did not tell anybody about the incident. (P50,000.00) as moral damages.
However, on 12 October 1995, Crisart Fuentes, the
older brother of Crisselle, told his mother, Criselda
Fuentes, that Michelle and Waday had informed
him that Crisselle was raped by the accused- RAPE: In any case, even if his organ merely touched the
appellant. "hole" of Crisselle's vagina, this already constitutes rape
 Criselda then asked Crisart to call Michelle and since the complete penetration of the penis into the female
Waday to confirm his story. Upon being asked if organ is not necessary.48 The mere introduction of the penis
into the aperture of the female organ, thereby touching the
labia of the pudendum, already consummates the crime of
rape.49 Since the labia is the outer lip of the genital organ,50
accused-appellant's act of repeatedly placing his organ in the
"hole" of Crisselle's vagina was rape.
1st alibi:
He did not put his penis into the vigina of the victim but only
his index finger
2nd alibi:
he was earlier persuaded by his lead counsel, Atty. Albert I.

Potato, to admit that what he did to the victim was to insert
her finger into her vagina so as to characterize his crime
merely as acts of lasciviousness.

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People v Balgos Crisselle was raped by the accused-appellant,

Michelle and Waday answered in the affirmative.

he was earlier persuaded by his lead counsel, Atty. Albert I.

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