PEOPLE v. NAAG GR No. 136394; Feb.

15, 2001

Accused was charged and found guilty by the lower court of the special complex crime of robbery with rape.

ISSUE: Was there rape? Was he guilty of the special complex crime of robbery with rape?

HELD: There was rape. In rape cases, what is material is that there is penetration no matter how slight. The only essential point is to prove the entrance or at least the introduction of the male organ into the labia of the pudendum. The moment the accuseds penis knocks at the door of the of the pudenda it suffices to constitute the crime of rape. Accused is guilty of separate crimes of rape and theft. Facts show that the primary intent of accused was to rape the victim and not to rob her. Moreover, the crime of taking away the property is theft and not robbery because of the absence of violence and intimidation