Attempted Rape Montes went inside and found a grey bag.
o Christian knew right away that it belonged to
FACTS: Chito. It contained white t-shirt with fraternity Martina Lourdes Albano (Malou), a medical symbol, a Black Adidas short pants, a student of the University of Sto. Tomas, stayed handkerchief , 3 white T-shirts, an underwear at Room 307 with her maid Marvilou. and socks. December 12 10:30 pm: Malou slept. Her Chito pleaded NOT Guilty maid Marvilou slept on a folding bed right in front 13 witnesses including Malou and her of her bedroom door. classmates, Joseph Bernard Africa, Rommel December 13, 1991 1:00 am: Chito left the Montes, Renato Alagadan and Christian Alcala fraternity party with Robert Chan and Alberto o Malou: Chito was her classmate whom he wearing a barong tagalog, with t-shirt inside, rejected a week before with short pants with stripes lent by Perla Duran o Chito: He only slept and at about 6 to 6:30, and leather shoes. Joseph told him that something had happened December 13, 1991 1:30 am: Chito arrived at and asked him to follow him to Room 310 the Building wearing a white t-shirt with fraternity carrying his gray bag and since no one was symbols and black shorts with the brand name there they went to Room 401 where Renato Adidas from a party. He requested permission Alagadan was. He left his grey bag at Room 306 from S/G Ferolin to go up to Room 306 leased the day before. by Ansbert Co but at that time only Joseph handkerchief and Malous night dress both Bernard Africa was there. Although Chito could contained chloroform, a volatile poison which not produce the required written authorization, causes first degree burn exactly like what Malou he let him in because he will be a tenant in the sustained on that part of her face where the coming summer break. Joseph was awaken by chemical-soaked cloth had been pressed Chitos knock so he glanced the alarm clock and RTC: guilty of attempted rape let him. He saw him wearing dark-colored CA: Affirmed shorts and white T-shirt. December 13, 1991 1:50 am: Renato ISSUE: W/N Chito is guilty of attempted rape Baleros, Jr. y David (Chito) forcefully covered the face of Martina Lourdes T. Albano with a HELD: NO. REVERSED and SET ASIDE. piece of cloth soaked in chemical with dizzying ACQUITTING Renato D. Baleros, Jr. of the effects. This awakened Malou. She struggled charge for attempted rape. GUILTY of light but could not move because she was tightly held coercion and is accordingly sentenced to 30 and pinned down on the bed. She kicked him days of arresto menor and to pay a fine of and got her right hand free to squeeze his sex P200.00, with the accessory penalties thereof organ causing him to let her go. She went for and to pay the costs. the bedroom door and woke up Marvilou. She also intercommed S/G Ferolin saying: "may Under Article 335 of the Revised Penal pumasok sa kuarto ko pinagtangkaan Code, rape is committed by a man who has ako". Malou proceed to Room 310 where her carnal knowledge or intercourse with a woman classmates Christian Alcala, Bernard Baptista, under any of the following circumstances: (1) By Lutgardo Acosta and Rommel Montes were using force or intimidation; (2) When the woman staying and seeked help. She saw her bed in a is deprived of reason or otherwise unconscious; mess and noticed that her nightdress was and (3) When the woman is under twelve years stained with blue. Aside from the window with of age or is demented. grills which she had originally left opened, Under Article 6, in relation to the another window inside her bedroom which leads aforementioned article of the same code, rape is to Room 306 was now open. attempted when the offender commences the December 13, 1991 3:30 pm: Christian and commission of rape directly by overt acts and his roommates, Bernard and Lutgardo were does not perform all the acts of execution which asked by the CIS people to look for anything not should produce the crime of rape by reason of belonging to them in their Unit when Rommel some cause or accident other than his own spontaneous desistance. o whether or not the act of the petitioner, i.e., the pressing of a chemical-soaked cloth while on top of Malou, constitutes an overt act of rape. o Overt or external act has been defined as some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation, which if carried out to its complete termination following its natural course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense Chito was fully clothed and that there was no attempt on his part to undress Malou, let alone touch her private part Verily, while the series of acts committed by the petitioner do not determine attempted rape, they constitute unjust vexation punishable as light coercion under the second paragraph of Article 287 of the Revised Penal Code. o As it were, unjust vexation exists even without the element of restraint or compulsion for the reason that this term is broad enough to include any human conduct which, although not productive of some physical or material harm, would unjustly annoy or irritate an innocent person o That Malou, after the incident in question, cried while relating to her classmates what she perceived to be a sexual attack and the fact that she filed a case for attempted rape proved beyond cavil that she was disturbed, if not distressed