University of the Philippines College of Law

JOSECO, DAERYLLE G.

Case Name People v. Orita

Topic Special Felonies: Rape, Requisites of frustrated rape

Case No. | Date G.R. No. 88724. April 3, 1990

Nature of the Frustrated rape v. Rape

Case

Ponente MEDIALDEA, J

Doctrine (“The key to determining the doctrine you need is to look at the syllabus and pinpoint
at which topic a particular case is assigned.")

Petitioner THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

Respondents CEILITO ORITA alias "Lito," defendant-appellant

RELEVANT FACTS

● Cristina S. Abayan was a 19-year old freshman student at the St. Joseph's College at Borongan,
Eastern Samar while Ceilito “Lito” Orita, appellant, was a Philippine Constabulary (PC) soldier.

● Morning of March 20, 1983, Christina, coming home from a party, arrived at the door of her boarding
house when somebody held her and poked a knife to her neck which he then recognized as Lito, a
frequent visitor of another boarder.

● Appellant dragged Christina up the stairs with a balisong to her neck and upon entering a room, with
one hand holding the Batangas knife, appellant undressed himself and complainant. He made her hold
his penis and insert it in her vagina, however, appellant could not fully penetrate her and only a
portion of his penis entered her as she kept on moving.

● Cristina was able to escape the appellant and darted to the municipal building still naked. The
policemen who responded was not able to catch the perpetrator

● Ceilito Orita alias Lito, was convicted of frustrated rape before the RTC of Eastern Samar. The
accused appealed to the but forward the case to the Supreme Court based on Batas Pambansa Blg.
129.

RATIO DECIDENDI

Whether or not the trial court erred in declaring that the crime of frustrated rape was committed by
Lito?
Yes. The SC ruled that acts of Lito consummated to RAPE and must be sentenced with reclusion
perpetua.

Rape is committed by having carnal knowledge under any of the following: by using force or
intimidation; when the woman is deprived of reason or otherwise unconscious and 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

Requisites of frustrated felony:

(1) that the offender has performed all the acts of execution which would produce the felony and

(2) that the felony is not produced due to causes independent of the perpetrator's will.

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. Any penetration of the female organ by the male organ is sufficient. Necessarily, rape
is attempted if there is no penetration of the female organ and the felony was commenced by overt
acts.

Notes:

Attempted felony – NOT ALL of the acts which should have produce the crime was performed because
the offender is stopped short of that point by some cause apart from his voluntary desistance.

Frustrated felony – ALL of the acts have been performed which should result in the consummated crime
but the felony was not produced by reason outside the independent will of the perpetrator.

Whether or not the trial court erred in disregarding the substantial inconsistencies in the testimonies
of the witness?

No. 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.
 When a woman testifies that she has been raped, she says in effect all that is necessary to show that rape
was committed provided her testimony is clear and free from contradiction and her sincerity and candor,
free from suspicion. These little deviations also confirm that the witnesses had not been rehearsed. The
most candid witnesses may make mistakes sometimes but such honest lapses do not necessarily impair
their intrinsic credibility.

RULING

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.