People v. Orita
G.R. No. 88724 April 3, 1990
Lessons Applicable: No frustrated rape
Laws Applicable: Art. 6
FACTS:
• March 20, 1983 Early Morning: Cristina S. Abayan, 19-year old freshman student at the St. Joseph's College, arrived at her boarding house after her classmates brought her home from a party. She knocked at the door of her boarding house when a frequent visitor of another boarder held her and poked a knife to her neck. Despite pleading for her release, he ordered her to go upstairs with him. Since the door which led to the 1st floor was locked from the inside, they used the back door to the second floor. With his left arm wrapped around her neck and his right hand poking a "balisong" to her neck, he dragged her up the stairs. When they reached the second floor, he commanded herwith the knife poked at her neck, to look for a room. They entered Abayan's room. He then pushed her hitting her head on the wall. With one hand holding the knife, he undressed himself. He then ordered her to take off her clothes. Scared, she took off her T-shirt, bra, pants and panty. He ordered her to lie down on the floor and then mounted her. He made her hold his penis and insert it in her vagina. Still poked with a knife, she did as told but since she kept moving, only a portion of his penis entered her. He then laid down on his back and commanded her to mount him. Still only a small part of his penis was inserted into her vagina. When he had both his hands flat on the floor. She dashed out to the next room and locked herself in. When he pursued her and climbed the partition, she ran to another room then another then she jumped out through a window.
• Still naked, she darted to the municipal building, 18 meters in front of the boarding house and knocked on the door. When there was no answer, she ran around the building and knocked on the back door. When the policemen who were inside the building opened the door, they found her naked sitting on the stairs crying. Pat. Donceras, took off his jacket and wrapped it around her. Pat. Donceras and two other policemen rushed to the boarding house where they heard and saw somebody running away but failed to apprehend him due to darkness. She was taken to Eastern Samar Provincial Hospital where she was physically examined.
• Her vulva had no abrasions or discharges.
• RTC: frustrated rape
ISSUE: W/N there is frustrated rape.
HELD: NO. RTC MODIFIED. guilty beyond reasonable doubt of the crime of rape and sentenced to reclusion perpetua as well as to indemnify the victim in the amount of P30,000
• Correlating Art. 335 and Art. 6, there is no debate that the attempted and consummated stages apply to the crime of rape.
• Requisites of a frustrated felony are:
o (1) that the offender has performed all the acts of execution which would produce the felony
o (2) that the felony is not produced due to causes independent of the perpetrator's will
• attempted crime the purpose of the offender must be thwarted by a foreign force or agency which intervenes and compels him to stop prior to the moment when he has performed all of the acts which should produce the crime as a consequence, which acts it is his intention to perform
o If he has performed all of the acts which should result in the consummation of the crime and voluntarily desists from proceeding further, it can not be an attempt.
• in the crime of rape, from the moment the offender has carnal knowledge of his victim he actually attains his purpose and, from that moment also all the essential elements of the offense have been accomplished. Any penetration of the female organ by the male organ is sufficient. Entry of the labia or lips of the female organ, without rupture of the hymen or laceration of the vagina is sufficient to warrant conviction. Necessarily, rape is attempted if there is no penetration of the female organ
• The fact is that in a prosecution for rape, the accused may be convicted even on the sole basis of the victim's testimony if credible. Dr. Zamora did not rule out penetration of the genital organ of the victim.
