Carnal knowledge – act of a man having sexual
PEOPLE V. ORITA
Specific Felonies - Rape
Date: April 3, 1990
Ponente: Medialdea, J
SUMMARY:
Accused-appellant Ceilito Orita was charged with the
crime of rape of complainant Cristina S. Abayan before
the RTC, Branch II, Borongan Eastern Samar and was
found guilty of frustrated rape. Accused appealed to the
CA which modified the RTC’s decision; accused was found
guilty of the crime of rape on December 29, 1988. CA
issued a resolution in January 11, 1989 setting aside its
December 29, 1988 decision and forwarded the case to
the SC. The SC found accused-appellee guilty of the crime
of rape.
ISSUES:
1. WoN the crime of rape, and not mere frustrated
rape, has been committed. – YES.
FACTS:
1. Complainant Cristina S. Abayan was a 19-year old
freshman student at St. Joseph’s College in
Borongan Eastern Samar. After coming home
from a party, accused-appellant Ceilito Orita held
her and poked a Batangas knife (balisong) to her
neck while she was outside the door of her
boarding house.
2. Orita, who was a Philippine Constabulary soldier
(as recognized by Abayan), was a frequent visitor
of another boarder. He forced Abayan to go
upstairs with him and find a room.
3. Once inside the room of Abayan, Orita pushed
her to the wall where she hit her head and
ordered her to take off her clothes while still
poking the balisong at her. Abayan did as she was
told, and Orita took off her bra, pants, and panty.
bodily connections with a woman
4. Orita ordered Abayan to hold his penis and put
it inside her vagina, but it was only partially
penetrated. Orita then laid on the floor and
asked Abayan to mount him, which she did, but
there was again only partial peneteration.
5. It was at this moment that Abayan decided to run
and was chased by Orita. She jumped off the
balcony and ran to the municipal building which
was near her boarding house, still naked.
6. Pat. Donceras saw her on the stairs naked and
crying and immediately wrapped his jacket
around her. Upon discovering what happened,
Donceras and two other policemen ran back to
the boarding house and tried to apprehend the
appellant but failed.
7. RTC convicted Orita of frustrated rape. Orita
appealed and assigned the following errors:
a. The trial court erred in disregarding the
substantial inconsistencies in the
testimonies of the witnesses; and
b. The trial court erred in declaring that the
crime of frustrated rape was committed
by the accused.
HOLDING:
YES. The crime of rape, and not frustrated rape, was
committed. Clearly, in the crime of rape, from the
moment the offender has carnal knowledge of his victim,
he actially 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. In a long line of cases the SC has set the
Art. 335, RPC. When and how rape is
committed. – Rape is committed by having
carnal knowledge of a woman under any of
the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of
reason or otherwise unconscious;
and
3. 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.
Art. 6, RPC. Consummated, Frustrated, and
Attempted Felonies. — Consummated
felonies, as well as those which are frustrated
and attempted, are punishable.
A felony is consummated when all
the elements necessary for its execution and
accomplishment are present; and it is
frustrated when the offender performs all the
acts of execution which would produce the
felony as a consequence but which,
nevertheless, do not produce it by reason of
causes independent of the will of the
perpetrator.
There is an attempt when the
offender commences the commission of a
felony directly by overt acts, and does not
perform all the acts of execution which should
produce the felony by reason of some cause
or accident other than his own spontaneous
desistance.
Note: Fact that no spermatozoa was found in
complainant’s private part does not disprove
consummation of rape. The slightest
penetration even without emission is
sufficient to constitute the crime of rape.
(People v. Budol, 143 SCRA 241)
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.

Necessarily, rape is attempted if there is no penetration

of the female organ because not all acts of execution was
performed. The offender merely commenced the
commission of a felony directly by overt acts. 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.

RULING:
Decision of theRegional Trial Court is hereby MODIFIED.
The accused Ceilito Orita is herby found guilty beyond
reasonable doubt of the crime of rape.