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People vs. Ortia 184 SCRA 105, April 3, 1990 PDF
People vs. Ortia 184 SCRA 105, April 3, 1990 PDF
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* FIRST DIVISION.
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People vs. Orita
MEDIALDEA, J.:
The accused, Ceilito Orita alias Lito, was charged with the
crime of rape in Criminal Case No. 83-031-B before the
Regional Trial Court, Branch II, Borongan, Eastern Samar.
The information filed in the said case reads as follows (p.
47, Rollo):
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VOL. 184, APRIL 3, 1990 107
People vs. Orita
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108 SUPREME COURT REPORTS ANNOTATED
People vs. Orita
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109
knocked on the back door. When the policemen who were inside
the building opened the door, they found complainant naked
sitting on the stairs crying. Pat. Donceras, the first policeman to
see her, took off his jacket and wrapped it around her. When they
discovered what happened, Pat. Donceras and two other
policemen rushed to the boarding house. They heard a sound at
the second floor and saw somebody running away. Due to
darkness, they failed to apprehend appellant.
“Meanwhile, the policemen brought complainant to the
Eastern Samar Provincial Hospital where she was physically
examined.
“Dr. Ma. Luisa Abude, the resident physician who examined
complainant, issued a Medical Certificate (Exhibit ‘A’) which
states:
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that they refer to trivial inconsistencies which are not
sufficient to blur or cast doubt on the witnesses’
straightforward attestations. Far from being badges of
fabrication, the inconsistencies in their testimonies may in
fact be justifiably considered as
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straightforward. To the Court she was a picture of supplication
hungry and thirsty for the immediate vindication of the affront to
her honor. It is inculcated into the mind of the Court that the
accused had wronged her; had traversed illegally her honor.”
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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 (People v Alfonso, G.R. No. 72573, August 31,
1987, 153 SCRA 487; People v. Alcid, G.R. Nos. 66387-88,
February 28, 1985, 135 SCRA 280; People v. Soterol, G.R.
No. 53498, December 16, 1985, 140 SCRA 400). The victim
in this case did not only state that she was raped but she
testified convincingly on how the rape was committed. The
victim’s testimony from the time she knocked on the door of
the municipal building up to the time she was brought to
the hospital was corroborated by Pat. Donceras.
Interpreting the findings as indicated in the medical
certificate, Dr. Reinerio Zamora (who was presented in
view of the unavailability of Dr. Abude) declared that the
abrasions in the left and right knees, linear abrasions
below the left breast, multiple pinpoint marks,
circumscribed hematoma at the anterior neck,
erythematous area surrounding the vaginal orifice and
tender vulva, are conclusive proof of struggle against force
and violence exerted on the victim (pp. 52-53, Rollo). The
trial court even inspected the boarding house and was fully
satisfied that the narration of the scene of the incident and
the conditions therein is true (p. 54, Rollo):
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frightened individual being pursued. Common experience will tell
us that in occasion of conflagration, especially occuring (sic) in
high buildings, many have been saved by jumping from some
considerable heights
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penetration of the genital organ of the victim and thus
convicted the accused of frustrated rape only.
The accused contends that there is no crime of
frustrated
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“x x x .”
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The requisites of a frustrated felony are: (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. In the leading case of United States v. Eduave, 36
Phil. 209, 212, Justice Moreland
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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 (People v. Tayaba, 62 Phil. 559; People v. Rabadan,
et al., 53 Phil. 694; United States v. Garcia, 9 Phil. 434)
because not all acts of execution was performed. The
offender merely commenced the commission of a felony
directly
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uncorroborated testimony of the offended party and that a
medical certificate is not necessary (People v. Royeras, People v.
Orteza, 6 SCRA 109, 113). But the citations the people relied
upon cannot be applicable to the instant case. The testimony of
the offended party is at variance with the medical certificate. As
such, a very disturbing doubt has surfaced in the mind of the
court. It should be stressed that in cases of rape where there is a
positive testimony and a medical certificate, both should in
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it will not tilt the scale in favor of the accused because after
a thorough review of the records, We find the evidence
sufficient to prove his guilt beyond reasonable doubt of the
crime of consummated rape.
Article 335, paragraph 3, of the Revised Penal Code
provides that whenever the crime of rape is committed
with the use of a deadly weapon, the penalty shall be
reclusion perpetua to death.
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Decision modified.
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