PEOPLE V.

HERNANDEZ
49 PHIL 980 (1925)

FACTS:

Domingo Hernandez, 70 years old was charged of raping his 9 year old step-
granddaughter, Conrada Jocson with threats to kill her if she doesn’t give in to his
wish.
Aggravating:
1. Related
2. Grave abuse of confidence since they lived in the same house

ISSUE:

Whether or not the act is consummated rape

HELD:

Yes, plus there is an aggravating circumstance:

1. People v. Rivers: rupture of hymen is not necessary as long as there is proof

that there’s some degree of entrance of the male organ within the labia of the
victim.

2. Physical exam findings:

Hymen intact, labia and vaginal opening inflamed, abundance of semen, and
she felt intense pain.