People v. Orita 5. Orita then lay down on his back and commanded her to mount him.

In
G.R. No. 88724 this position, only a small part again of his penis was inserted into her
April 3, 1990 | Medialde, J. | Art. 6 – stages of execution vagina. At this stage, Orita had both his hands flat on the floor.
Complainant thought of escaping and she dashed out to the next room
PETITIONER: Lito Orita and locked herself in. Orita pursued her and climbed the partition. When
RESPONDENTS: Cristina Abayan she saw him inside the room, she ran to another room. Orita again chased
SUMMARY: When Cristina arrived home, Orita poked a knifed at her and her. She fled to another room and jumped out through a window.
forced her to go to her room. There, Orita undressed himself and made Cristina 6. Still naked, she darted to the municipal building, which was about
undress herself. He made her lie down and he went on top of her. He was still eighteen meters in front of the boarding house and knocked on the door.
holding the knife, when he inserted his penis into her vagina. He could not fully When there was no answer, she ran around the building and knocked on
penetrate her. Then, Cristina managed to break free and run away. Orita was the back door. When the policemen who were inside the building opened
later charged with rape, but convicted of frustrated rape. The Supreme Court the door, they found complainant naked sitting on the stairs crying. The
ruled there was no frustrated stage of rape and Orita was convicted of rape. first policeman to see her, took off his jacket and wrapped it around her.
DOCTRINE: Consummated felony – 7. Orita was later charged with committing rape before the RTC but was
convicted for frustrated rape. On appeal to the CA, the judgment was
modified in that Orita was convicted of rape.
FACTS:
ISSUE:
1. Cristina, 19, arrived home from a party. She knocked at the door of her
1. WON Orita is guilty of frustrated rape. – NO. He committed rape.
boarding house when somebody held her and poked a knife to her neck.
She then recognized Orita who was a frequent visitor of another boarder.
RATIO:
2. She pleaded with him to release her, but he ordered her to go upstairs
1. The requisites of a frustrated felony are:
with him. With his left arm wrapped around her neck and his right hand
a. (1) that the offender has performed all the acts of execution
poking a "balisong" to her neck, Orita dragged complainant up the stairs.
which would produce the felony and
With the Batangas knife still poked to her neck, they entered
b. (2) that the felony is not produced due to causes independent of
complainant's room.
the perpetrator's will.
3. Upon entering the room, Orita pushed Cristina who hit her head on the
2. Clearly, in the crime of rape, from the moment the offender has carnal
wall. With one hand holding the knife, he undressed himself. He then
knowledge of his victim he attains his purpose and, from that moment
ordered complainant to take off her clothes. Scared, she took off her T-
also all the essential elements of the offense have been accomplished.
shirt. Then he pulled off her bra, pants and panty.
Nothing more is left to be done by the offender, because he has
4. He ordered her to lie down on the floor and then mounted her. He made
performed the last act necessary to produce the crime. Thus, the felony is
her hold his penis and insert it in her vagina. She followed his order as he
consummated.
continued to poke the knife to her. At said position, however, Orita could
3. For the consummation of rape, perfect penetration is not essential. Any
not fully penetrate her. Only a portion of his penis entered her as she kept
penetration of the female organ by the male organ is enough. Entry of the
on moving.
 labia or lips of the female organ, without rupture of the hymen or
laceration of the vagina is sufficient to warrant conviction.
4. Taking into account the nature, elements and manner of execution of the
crime of rape and jurisprudence on the matter, it is hardly conceivable
how the frustrated stage in rape can ever be committed.

DISPOSITIVE PORTION:

Appeal denied, RTC decisions modified to convict Orita of rape.