Criminal Law: People v Orita 184 SCRA 105, April 3, 1990 THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

CEILITO ORITA alias "Lito," defendant-appellant Facts: Ceilito Orita was accused of frustrated rape by the RTC. He appealed to the Court of Appeals for review. The accused poke a balisong to college freshman Cristina Abayan as soon as she got into her boarding house early morning after arriving from a party. She knew him as a frequent visitor of another boarder. She was dragged inside the house up the stairs while his left arm wrapped around her neck, and his right hand poking the Batangas knife to her neck. Upon entering her room, he pushed her in and got her head hit on the wall. He immediately undressed while still holding the knife with one hand, and ordered her to do the same. He ordered her to lie down on the floor and then mounted her. He asked her to hold his penis and insert it in her vagina, while still poking the knife to her. She followed, but the appellant could not fully penetrate her in such a position. Next, he laid down on his back and commanded her to mount him, but he cannot fully penetrate her. When Oritas hands were both flat on the floor, complainant escaped naked. She ran from room to room as appellant pursued her, and finally jumped out through a window. She went to the municipal building nearby and knocked on the back door for there was no answer. When the door opened, the policemen inside the building saw her crying and naked. She was given a jacket for covering by the first policeman who saw her. The policemen dashed to her boarding house but failed to apprehend the accused. She was brought to a hospital for physical examination. Her PE revealed that she is still a virgin, with abrasions on the left breast, left and right knees, and multiple pinpoint marks on her back, among others. The trial court convicted the accused of frustrated rape.

Issue: Whether or not the frustrated stage applies to the crime of rape?

Contention of the Accused: The accused contends that there is no crime of frustrated rape. The trial court erred in disregarding the substantial inconsistencies in the testimonies of the witnesses; and the trial court erred in declaring that the crime of frustrated rape was committed by the accused. He was not able to fully penetrate in her. The accused also questions also the failure of the prosecution to present other witnesses to corroborate the allegations in the complaint. The accused used the Article 266 of the RPC to show that he is not guilty of frustrated rape, and Article 6 to stress the difference of consummated, frustrated, and attempted felonies.

Contention of the People: 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. Rather than discredit the testimonies of the prosecution witnesses, discrepancies on minor details must be viewed as adding credence and veracity to such spontaneous testimonies. The accused committed rape.

Ruling: The decision of the RTC is hereby MODIFIED. The accused Ceilito Orita is hereby found guilty beyond reasonable doubt of the crime of rape [consummated] and sentenced to reclusion perpetua as well as to indemnify the victim in the amount of P30,000.00.

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. [Art. 266 and Art. 6] 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

Case of People of the R.P. vs. Pugay No. L-74324 17November1988

FACTS OF THE CASE: The accused are pronounced by the RTC of Cavite guilty beyond reasonable doubt for the crime of murder of Bayani Miranda and sentencing them to a prison term ranging from 12 years (prison mayor) as mimimum to 20 years (prison temporal) as maximum and for samson to be sentenced to reclusion perpetua.

Miranda and the accused Pugay are friends. Miranda used to run errands for Pugay and they used to sleep together. On the evening of May 19, 1982 a town fiesta was held in the public plaza of Rosario Cavite. Sometime after midnight accused Pugay and Samson with several companions arrived (they were drunk), and they started making fun of Bayani Miranda. Pugay after making fun of the Bayani, took a can of gasoline and poured its contents on the latter, Gabion (principal witness) told Pugay not to do the deed. Then Samson set Miranda on fire making a human torch out of him. They were arrested the same night and barely a few hours after the incident gave their written statements.

ISSUES OF THE CASE:

Is conspiracy present in this case to ensure that murder can be the crime? If not what are the criminal responsibilities of the accused?

There is no: CONSPIRACY- is determined when two or more persons agree to commit a felony and decide to commit it. Conspiracy must be proven with the same quantum of evidence as the felony itself, more specifically by proof beyond reasonable doubt. It is not essential that there be proof as to the existence of a previous agreement to commit a crime. It is sufficient if, at the time of commission of the crime, the accused had the same purpose and were united in its executed. Since there was no animosity between miranda and the accused, and add to the that that the meeting at the scene of the incident was purely coincidental, and the main intent of the accused is to make fun of miranda. Since there is no conspiracy that was proven, the respective criminal responsibility of Pugay and Samson arising from different acts directed against miranda is individual NOT collective and each of them is liable only for the act that was committed by him.

**Conspiracy may be implied from concerted action of the assailants in confronting the victim.

Criminal Responsibilities:

PUGAY: Having failed to exercise diligence necessary to avoid every undesirable consequence arising from any act committed by his companions who at the same time were making fun of the deceased. - GUILTY OF RECKLESS IMPRUDENCE RESULTING TO HOMICIDE

SAMSON:Since there are NO sufficient evidence that appears in the record establishing qualifying circumstances (treachery, conspiracy). And granted the mitigating circumstance that he never INTENDED to commit so grave a wrong. - GUILTY OF HOMICIDE

HELD: JUDGEMENT OF THE LOWER COURT WAS AFFIRMED WITH MODIFICATIONS. JUDGEMENT FOR GUILTY BEYOND REASONABLE DOUBT FOR MURDER WAS LOWERED TO THE ABOVE JUDGEMENTS.