People v.

Orita

G.R. No. 88724. April 3, 1990

Facts:

​
In the early morning of March 20, 1983, Cristina Abayan arrived at her boarding house coming
from a party. While she was knocking at the door of her boarding house, someone held her and poked a
knife at her neck. She recognized the person as Ceilito “LITO” Orita because he is a frequent visitor of
another boarder. Lito then ordered her to go upstairs but because of the front door being locked, he forced
the complainant to use the back door. Once inside, Lito dragged the complainant and ordered her to look
for a room. After entering the room, the accused pushed the complainant and ordered her to undress
herself. He mounted the victim and tried to penetrate her but only a small portion was inserted because of
the constant moving of the victim. The accused lay down and ordered the victim to mount him and the
victim used this chance to escape. She dashed to the next room while the accused pursued her until she
was able to jump out through the window. She ran towards the municipal building and knocked on the
front door. When there was no answer she rushed to the back of the building. When the policemen went
out, they found her sitting naked while crying. After hearing what happened they went back to the
boarding house and saw somebody running but they 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?

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.