Ricalde vs. People [G.R. No. 211002] Case Digest

 

Ricalde vs. People

G.R. No. 211002

 

Facts:

 Accused Richard Ricalde (Ricalde) was charged with rape as described under the second paragraph of Section 266-A of the Revised Penal Code or by Sexual Assault."

RTC found Ricalde guilty beyond reasonable doubt of rape through sexual assault. CA affirmed the conviction with the modification of lowering the amounts of damages awarded.

Petitioner argues the existence of reasonable doubt in his favor. Thar there are variances to the testimony of the victim. Petitioner contends that the court should have applied the "variance doctrine" in People v. Sumingwa, and the court would have found him guilty for the lesser offense of acts of lasciviousness under Article 336 of the Revised Penal Code.

 

Issue:

Whether or not the prosecution proved beyond reasonable doubt petitioner Richard Ricalde’s guilt for the crime of rape through sexual assault.

 

Held:

Yes.

 

Ratio:

In the instant case, no variance exists between what was charged and what was proven during trial. The prosecution established beyond reasonable doubt all elements of the crime of rape through sexual assault.

XXX testified that he "felt something was inserted [into his] anus." The slightest penetration into one’s sexual organ distinguishes an act of lasciviousness from the crime of rape.