35ALL GR 88724 People Vs Orita - Digest

Question No.7: Is there frustrated rape?
Based on the People vs Orita, the Supreme Court ruled they are aware of their earlier pronouncement in the case of People
v. Eriña 50 Phil. 998 [1927] where found the offender guilty of frustrated rape there being no conclusive evidence of
penetration of the genital organ of the offended party. However, it appears that this is a "stray" decision inasmuch as it has
not been reiterated in Our subsequent decisions. Likewise, The Supreme Court are aware of Article 335 of the Revised Penal
Code, as amended by Republic Act No. 2632 (dated September 12, 1960) and Republic Act No. 4111 (dated March 29, 1965)
which provides, in its penultimate paragraph, for the penalty of death when the rape is attempted or frustrated and a
homicide is committed by reason or on the occasion thereof. We are of the opinion that this particular provision on frustrated
rape is a dead provision. The Eriña case, supra, might have prompted the law-making body to include the crime of frustrated
rape in the amendments introduced by said laws.
[19 Phil. L.J. 281 (1939-1940)]

Under Penal Code of Spain of 1870, it expressly stated that with respect to rape there can only be a consummation thereof
leaving no room for either an attempt or a frustration of the same.
Question No.8: Consummated rape

G.R. No. 88724 April 3, 1990
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
CEILITO ORITA alias "Lito," defendant-appellant.
The Office of the Solicitor General for plaintiff-appellee.
C. Manalo for defendant-appellant.
FACTS:
Complainant Cristina S. Abayan was a 19-year old freshman student at the St. Joseph's College at Borongan, Eastern Samar.
Appellant was a Philippine Constabulary (PC) soldier.
In the early morning of March 20, 1983, complainant arrived at her boarding house. Her classmates had just brought her
home from a party (p. 44, tsn, May 23, 1984). Shortly after her classmates had left, she knocked at the door of her boarding
house (p. 5, ibid). All of a sudden, somebody held her and poked a knife to her neck. She then recognized appellant who was
a frequent visitor of another boarder (pp. 8-9, ibid).
She pleaded with him to release her, but he ordered her to go upstairs with him. Since the door which led to the first floor
was locked from the inside, appellant forced complainant to use the back door leading to the second floor (p. 77, ibid). With
his left arm wrapped around her neck and his right hand poking a "balisong" to her neck, appellant dragged complainant up
the stairs (p. 14, ibid). When they reached the second floor, he commanded her to look for a room. With the Batangas knife
still poked to her neck, they entered complainant's room.
Upon entering the room, appellant pushed complainant who hit her head on the wall. With one hand holding the knife,
appellant undressed himself. He then ordered complainant to take off her clothes. Scared, she took off her T-shirt. Then he
pulled off her bra, pants and panty (p. 20, ibid).
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. She
followed his order as he continued to poke the knife to her. At said position, however, appellant could not fully penetrate
her. Only a portion of his penis entered her as she kept on moving (p. 23, ibid).
Appellant then lay down on his back and commanded her to mount him. In this position, only a small part again of his penis
was inserted into her vagina. At this stage, appellant had both his hands flat on the floor. Complainant thought of escaping
(p. 20, ibid).
She dashed out to the next room and locked herself in. Appellant pursued her and climbed the partition. When she saw him
inside the room, she ran to another room. Appellant again chased her. She fled to another room and jumped out through a
window (p. 27, ibid).
Anent this testimony, the victim positively testified that there was penetration, even if only partially (pp. 302, 304, t.s.n., May
23, 1984):
Q Was the penis inserted on your vagina?
A It entered but only a portion of it.
xxx xxx xxx
Q What do you mean when you said comply, or what act do you referred (sic) to, when you said comply?
A I inserted his penis into my vagina.
Q And was it inserted?
A Yes only a little.
Still naked, she darted to the municipal building, which was about eighteen 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 complainant naked sitting on the stairs crying. Pat.
Donceras, the first policeman to see her, took off his jacket and wrapped it around her. When they discovered what happened,
Pat. Donceras and two other policemen rushed to the boarding house. They heard a sound at the second floor and saw
somebody running away. Due to darkness, they failed to apprehend appellant.
ISSUE:
Whether or not the crime committed (rape) established all the elements necessary for its acts of execution and
accomplishment are present.
RULING:
Yes. The court ruled that the evidence sufficient to prove his guilt beyond reasonable doubt of the crime of consummated
rape. Clearly, 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. Nothing more is left
to be done by the offender, because he has performed the last act necessary to produce the crime. Thus, the felony is
consummated.
Article 335 of the Revised Penal Code defines and enumerates the elements of the crime of rape:
Art. 335. When and how rape is committed. — Rape is committed by having carnal knowledge of 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, even though neither of the circumstances mentioned in the two
next preceding paragraphs shall be present.
Carnal knowledge is defined as the act of a man in having sexual bodily connections with a woman (Black's Law Dictionary.
Fifth Edition, p. 193).
ACCORDINGLY, the decision of the Regional Trial Court is hereby MODIFIED. The accused Ceilito Orita is hereby found 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 P30,000.00.

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Question No.7: Is there frustrated rape?

[19 Phil. L.J. 281 (1939-1940)]

Question No.8: Consummated rape

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