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    G.R. No. 88724 April 3, 1990 The People of The Philippines, Ceilito Orita

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    Royce Ann Pedemonte
    The defendant was accused of raping a 19-year old student. While the medical examination found no visible injuries, the complainant said the defendant held her at knifepoint and partially penetrated her with his penis twice. The court ruled that any penetration, however slight, constitutes consummated rape under the law. As the defendant penetrated the complainant's vulva, if only partially, he was guilty of consummated rather than frustrated rape. The conviction was therefore proper under the legal definition of rape.

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    G.R. No. 88724 April 3, 1990 The People of The Philippines, Ceilito Orita

    Uploaded by

    Royce Ann Pedemonte
    373 views2 pages
    The defendant was accused of raping a 19-year old student. While the medical examination found no visible injuries, the complainant said the defendant held her at knifepoint and partially penetrated her with his penis twice. The court ruled that any penetration, however slight, constitutes consummated rape under the law. As the defendant penetrated the complainant's vulva, if only partially, he was guilty of consummated rather than frustrated rape. The conviction was therefore proper under the legal definition of rape.

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    Original Title

    PEOPLE VS.ORITA

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    The defendant was accused of raping a 19-year old student. While the medical examination found no visible injuries, the complainant said the defendant held her at knifepoint and partially penetrated her with his penis twice. The court ruled that any penetration, however slight, constitutes consummated rape under the law. As the defendant penetrated the complainant's vulva, if only partially, he was guilty of consummated rather than frustrated rape. The conviction was therefore proper under the legal definition of rape.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    373 views2 pages

    G.R. No. 88724 April 3, 1990 The People of The Philippines, Ceilito Orita

    Uploaded by

    Royce Ann Pedemonte
    The defendant was accused of raping a 19-year old student. While the medical examination found no visible injuries, the complainant said the defendant held her at knifepoint and partially penetrated her with his penis twice. The court ruled that any penetration, however slight, constitutes consummated rape under the law. As the defendant penetrated the complainant's vulva, if only partially, he was guilty of consummated rather than frustrated rape. The conviction was therefore proper under the legal definition of rape.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    88724               April 3, 1990

    THE PEOPLE OF THE PHILIPPINES,


    vs.
    CEILITO ORITA

    FACT:

     Upon arrival of the complainant, Cristina, a 19-year old freshman student, at her
    boarding house from a party, the accused Lito, who was a soldier, held her and
    poked her neck with a knife.
     The accused dragged the complainant up the stairs and entered the
    complainant’s room, where the accused undressed himself, with one hand
    holding the knife, and ordered the complainant to take off her clothes.
     The accused ordered the complainant to lie down on the floor and then mounted
    her. He made he complainant hold his penis and insert in her vagina, the
    complainant followed his order as he continued to poke the knife to her. [With
    that position, the accused could not fully penetrate her, only a portion of his penis
    entered her as she kept on moving]
     The accused lie down on his back and commanded the complainant to mount
    him, again in this position, only a small part of his penis was inserted into her
    vagina.
     The complainant had a chance to escape, where she dashed out to other rooms
    and eventually jumped out through the window.
     Still naked, she ran to the municipal building where the policemen found the
    complainant sitting on the stairs crying. Pat. Donceras and two other policemen
    rushed to boarding house, they heard a sound at the second floor and saw
    somebody running away, they failed to apprehend the accused.
     The medical certificate provides that the complainant suffered various abrasions
    at the knees. No visible abrasions were found over the vulva or the perineal area.
    Hymen still intact; no laceration.
     The accused contended that this is the only case where an aggressor’s
    advances is being helped out by the complainant in order that there will be a
    consummation of the act.
     We are convinced that the accused is guilty of rape. However, We believe the
    subject matter that really calls for discussion, is whether or not the accused's
    conviction for frustrated rape is proper. The trial court was of the belief that there
    is no conclusive evidence of penetration of the genital organ of the victim and
    thus convicted the accused of frustrated rape only.

    ISSUE:

    whether or not the accused's conviction for frustrated rape is proper


    RULING:

    NO. Not frustrated but consummated.

    Article 6 of the same Code provides:

    Art. 6. Consummated, frustrated, and attempted felonies. — Consummated


    felonies as well as those which are frustrated and attempted, are punishable.

    A felony is consummated when all the elements necessary for its execution and
    accomplishment are present; and it is frustrated when the offender performs all
    the acts of execution which would produce the felony as a consequence but
    which, nevertheless, do not produce it by reason of causes independent of the
    will of the perpetrator.

    There is an attempt when the offender commences the commission of a felony


    directly by overt acts, and does not perform all the acts of execution which should
    produce the felony by reason of some cause or accident other than his own
    spontaneous desistance.

    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. We have set the uniform rule that for the
    consummation of rape, perfect penetration is not essential. 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 because not all acts of execution was performed. The offender merely
    commenced the commission of a felony directly by overt acts. Thus, the Supreme court
    held that for the crime of rape there is only consummated or attempted stage.

    In this case, the accused had a carnal knowledge of the complainant and penetrated the
    complainant, although not perfect, by use of force. The medical certificate issued that
    the vulva of the complainant is marked by abnormal redness of the skin due to capillary
    congestion, as in inflammation and it is tender. It shows that the accused was
    successful in consummating the crime since all of the elements
    necessary for the execution of rape is present.

    Hence, the accused is guilty beyond reasonable doubt for the crime of consummated
    rape.

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