Baleros v. People
G.R. No. 138033 February 22, 2006
Lessons Applicable: Attempted Rape
Laws Applicable: Art. 6
FACTS:
• Martina Lourdes Albano (Malou), a medical student of the University of Sto. Tomas, stayed at Room 307 with her maid Marvilou.
• December 12 10:30 pm: Malou slept. Her maid Marvilou slept on a folding bed right in front of her bedroom door.
• December 13, 1991 1:00 am: Chito left the fraternity party with Robert Chan and Alberto wearing a barong tagalog, with t-shirt inside, with short pants with stripes lent by Perla Duran and leather shoes.
• December 13, 1991 1:30 am: Chito arrived at the Building wearing a white t-shirt with fraternity symbols and black shorts with the brand name “Adidas” from a party. He requested permission from S/G Ferolin to go up to Room 306 leased by Ansbert Co but at that time only Joseph Bernard Africa was there. Although Chito could not produce the required written authorization, he let him in because he will be a tenant in the coming summer break. Joseph was awaken by Chito’s knock so he glanced the alarm clock and let him. He saw him wearing dark-colored shorts and white T-shirt.
• December 13, 1991 1:50 am: Renato Baleros, Jr. y David (Chito) forcefully covered the face of Martina Lourdes T. Albano with a piece of cloth soaked in chemical with dizzying effects. This awakened Malou. She struggled but could not move because she was tightly held and pinned down on the bed. She kicked him and got her right hand free to squeeze his sex organ causing him to let her go. She went for the bedroom door and woke up Marvilou. She also intercommed S/G Ferolin saying: "may pumasok sa kuarto ko pinagtangkaan ako". Malou proceed to Room 310 where her classmates Christian Alcala, Bernard Baptista, Lutgardo Acosta and Rommel Montes were staying and seeked help. She saw her bed in a mess and noticed that her nightdress was stained with blue. Aside from the window with grills which she had originally left opened, another window inside her bedroom which leads to Room 306 was now open.
• December 13, 1991 3:30 pm: Christian and his roommates, Bernard and Lutgardo were asked by the CIS people to look for anything not belonging to them in their Unit when Rommel Montes went inside and found a grey bag.
o Christian knew right away that it belonged to Chito. It contained white t-shirt with fraternity symbol, a Black Adidas short pants, a handkerchief , 3 white T-shirts, an underwear and socks.
• Chito pleaded NOT Guilty
• 13 witnesses including Malou and her classmates, Joseph Bernard Africa, Rommel Montes, Renato Alagadan and Christian Alcala
o Malou: Chito was her classmate whom he rejected a week before
o Chito: He only slept and at about 6 to 6:30, Joseph told him that something had happened and asked him to follow him to Room 310 carrying his gray bag and since no one was there they went to Room 401 where Renato Alagadan was. He left his grey bag at Room 306 the day before.
• handkerchief and Malou’s night dress both contained chloroform, a volatile poison which causes first degree burn exactly like what Malou sustained on that part of her face where the chemical-soaked cloth had been pressed
• RTC: guilty of attempted rape
• CA: Affirmed
ISSUE: W/N Chito is guilty of attempted rape
HELD: NO. REVERSED and SET ASIDE. ACQUITTING Renato D. Baleros, Jr. of the charge for attempted rape. GUILTY of light coercion and is accordingly sentenced to 30 days of arresto menor and to pay a fine of P200.00, with the accessory penalties thereof and to pay the costs.
• Under Article 335 of the Revised Penal Code, rape is committed by a man who has carnal knowledge or intercourse with a woman under any of the following circumstances: (1) By using force or intimidation; (2) When the woman is deprived of reason or otherwise unconscious; and (3) When the woman is under twelve years of age or is demented.
• Under Article 6, in relation to the aforementioned article of the same code, rape is attempted when the offender commences the commission of rape directly by overt acts and does not perform all the acts of execution which should produce the crime of rape by reason of some cause or accident other than his own spontaneous desistance.
o whether or not the act of the petitioner, i.e., the pressing of a chemical-soaked cloth while on top of Malou, constitutes an overt act of rape.
o Overt or external act has been defined as some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation, which if carried out to its complete termination following its natural course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense
• Chito was fully clothed and that there was no attempt on his part to undress Malou, let alone touch her private part
• Verily, while the series of acts committed by the petitioner do not determine attempted rape, they constitute unjust vexation punishable as light coercion under the second paragraph of Article 287 of the Revised Penal Code.
o As it were, unjust vexation exists even without the element of restraint or compulsion for the reason that this term is broad enough to include any human conduct which, although not productive of some physical or material harm, would unjustly annoy or irritate an innocent person
o That Malou, after the incident in question, cried while relating to her classmates what she perceived to be a sexual attack and the fact that she filed a case for attempted rape proved beyond cavil that she was disturbed, if not distressed
