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    Case Digest by MLC

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    Jayson Yuzon
    1) A man attempted to rape a 19-year old woman by dragging her into her room at knife-point, undressing her and himself, and attempting to have sex with her. However, he only partially penetrated her vagina before she was able to escape. 2) She fled to the police station naked and crying. The man was not apprehended that night due to darkness. 3) The Supreme Court found the man guilty of rape beyond a reasonable doubt, not just attempted or frustrated rape, as penetration however slight is sufficient to constitute rape under Philippine law. He was sentenced to life imprisonment and ordered to pay damages to the victim.

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    Case Digest by MLC

    Uploaded by

    Jayson Yuzon
    22 views2 pages
    1) A man attempted to rape a 19-year old woman by dragging her into her room at knife-point, undressing her and himself, and attempting to have sex with her. However, he only partially penetrated her vagina before she was able to escape. 2) She fled to the police station naked and crying. The man was not apprehended that night due to darkness. 3) The Supreme Court found the man guilty of rape beyond a reasonable doubt, not just attempted or frustrated rape, as penetration however slight is sufficient to constitute rape under Philippine law. He was sentenced to life imprisonment and ordered to pay damages to the victim.

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    1) A man attempted to rape a 19-year old woman by dragging her into her room at knife-point, undressing her and himself, and attempting to have sex with her. However, he only partially penetrated her vagina before she was able to escape. 2) She fled to the police station naked and crying. The man was not apprehended that night due to darkness. 3) The Supreme Court found the man guilty of rape beyond a reasonable doubt, not just attempted or frustrated rape, as penetration however slight is sufficient to constitute rape under Philippine law. He was sentenced to life imprisonment and ordered to pay damages to the victim.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    22 views2 pages

    Case Digest by MLC

    Uploaded by

    Jayson Yuzon
    1) A man attempted to rape a 19-year old woman by dragging her into her room at knife-point, undressing her and himself, and attempting to have sex with her. However, he only partially penetrated her vagina before she was able to escape. 2) She fled to the police station naked and crying. The man was not apprehended that night due to darkness. 3) The Supreme Court found the man guilty of rape beyond a reasonable doubt, not just attempted or frustrated rape, as penetration however slight is sufficient to constitute rape under Philippine law. He was sentenced to life imprisonment and ordered to pay damages to the victim.

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    Crim Law 1 Case Digest: People v.

    Orita 1990
    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.
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