PEOPLE V ORITA

G.R. No. 88724. April 3, 1990

MEDIALDEA, J

DOCTRINE: Specific Felonies: Consummated Rape

Rape is committed by having carnal knowledge of a woman under 1) force/ intimidation 2) depravity of reason or
unconscious 3) when woman is under 12 years old even though neither of the aforementioned circumstances are
present (Art. 335)
A felony is consummated when all elements necessary for its execution and accomplishment are present. 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
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. (Art. 6)
CASE SUMMARY:
Orita was convicted of frustrated rape, however SC ruled that he should be convicted of consummated rape because Orita
actually attained his purpose and all essential elements of the offense have been accomplished, thus consummated. In
addition, SC ruled that full penetration is not essential in the consummation of rape. It is also hardly conceivable how the
frustrated stage in rape can ever be committed.

FACTS

Christina Abayan, a 19 year old college student from Borongan, Eastern Samar was raped by Lito
Orita, a Philippine Constabulary soldier
Complainant just arrived from her boarding house from a party when Lito held her and poked a
Batangas knife to her neck. He ordered her to go upstairs and take off her clothes then hold his
penis and insert it to her vagina
Accused could not fully penetrate her so he commanded her to mount him, allowing only a
small portion of his penis inside her vagina
Complainant escaped from appellant and dashed out to the municipal building naked
She was brought by the police officers to Eastern Samar Provincial Hospital where they
examined her notably indicating that there were no abrasions or lacerations of her genitals and
that her hymen was intact. Her vaginal canal was tight.
Accused was charged of frustrated rape before RTC Borongan and was sentenced to 10 years
and 1 day of prison mayor and to indemnify Abayan with Php 4,000
Accused assailed testimonies of victim and police officer showing fabrication of statements

ISSUE

W/N there is frustrated rape

HELD

No. RTC decision modified. Accused is found guilty beyond reasonable doubt of rape and
sentenced to reclusion perpetua. He is ordered to indemnify victim Php 30,000
 Charge should be rape instead of frustrated rape. In the crime of rape, the moment the offender
has carnal knowledge of his victim, he actually attains his purpose and from that moment, all
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.
SC set a 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 hymen or laceration of the vagina is sufficient to warrant
conviction