LCP

SUBJECT: Criminal Law I

TOPIC: Article 6: Stage of Execution  Attempted Stage

PEOPLE VS. LIZADA

GR 143468-71; January 24, 2003
Callejo, Sr., J.
FACTS

DETAILS:
 Accused: Freddie Lizada
 Crime: Four counts of qualified rape
(NOTE: Lizada DID rape Analia but this issue focused on Criminal Case No. 99-171390, where Lizada is
convicted for attempted rape.)
 Victim: Analia Orillosa

STORY:
 Rose Orillosa, Analia’s mother, met Lizada and had an illicit relationship.
 Analia and her brother Rossel helped their mother attend their video shop, which is situated in their
house.
 One day, Lizada entered Analia’s room and started to rape her. Since 1996 to 1998, when she was only
eleven years old, for two times a week, Lizada used to place himself on top of her and despite her
tenacious resistance, touched her arms, legs and sex organ and inserted his finger and penis into her
vagina. In the process, he ejaculated. Lizada threatened to kill her if she divulged to anyone what he did to
her.
 On November 5, 1998, Rossel saw Lizada on top of Analia. Lizada saw Rossel looking at them and
dismounted. This is the Criminal Case No. 99-171390. In this specific charge, Rossel cannot prove
penetration.
 Analia finally told Rose about Lizada’s sexual abuse. Lizada was then charged with rape.

ISSUE
Whether Lizada is guilty of attempted rape under Article 335 of the said Code for Criminal Case No. 99-171390?

RULE

Conclusion
Yes. Lizada is guilty of attempted rape under Article 335 of the Revised Penal Code for Criminal Case No. 99-
171390.

Rule
The last paragraph of Article 6 of the Revised Penal Code reads: "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."

The essential elements of an attempted felony are as follows:

1. The offender commences the commission of the felony directly by overt acts;
2. He does not perform all the acts of execution which should produce the felony;
3. The offender's act be not stopped by his own spontaneous desistance;
4. The non-performance of all acts of execution was due to cause or accident other than his spontaneous
desistance.

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Criminal Law I
People vs. Lizada – Jason Lagahit
 LCP

The first requisite of an attempted felony consists of two elements, namely:

1. That there be external acts;
2. Such external acts have direct connection with the crime intended to be committed.

An overt or external act is 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 spontaneous desistance of the
perpetrator, will logically and necessarily ripen into a concrete offense.

Application
In Criminal Case No. 99-171390, there was no proof of introduction of the penis of Lizada into the aperture or
within the pudendum of the vagina of Analia. Hence, Lizada, is not criminally liable for consummated rape.

Lizada intended to have carnal knowledge of Analia. His overt acts were not mere preparatory acts. By the series of
his overt acts, he had commenced the execution of rape which, if not for his spontaneous desistance, will ripen
into the crime of rape. Although Lizada desisted from performing all the acts of execution however his desistance
was not spontaneous as he was impelled to do so only because of the sudden and unexpected arrival of Rossel.
Hence, Lizada is guilty only of attempted rape

C. Nature of Felonies: Mala in Se vs. Mala Prohibita

· Tan, et. al., vs. Ballena, et. al., GR No. 168111, July 4, 2008
· Garcia vs. Court of Appeals, GR No. 157171, Mar. 14, 2006

D. Stages of Execution [Art. 6, RPC]

D.1. Attempted Stage
· People vs. Lamahang, 61 Phil 703
· People vs. Lizada, GR No. 143468-71, Jan. 24, 2003
· Rivera vs. People, GR No. 166326, Jan. 25, 2006
· Araneta vs. CA, Jul. 3, 1990
· Baleros vs. People, Feb. 22, 2006
D.2. Frustrated Stage
· People vs. SyPio, 94 Phil 885
· Eduave, 36 Phil 210
· Dagman, 47 Phil 770
· Colinares vs. People, GR No. 182748, Dec. 13, 2011
· Roque vs. People, GR No. 193169, Apr. 6, 2015
D.3 Consummated Stage
· Valenzuela vs. People, GR No. 1160188, Jun. 21, 2007
E. As to Gravity [Art. 9, RPC]

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Criminal Law I
People vs. Lizada – Jason Lagahit