People vs.

Orita 184 scra 114

Facts: The accused Ceilito Orita was charged of frustrated rape by the regional trial court to Cristina Abaya a 19 yr old student from Samar. The accused poked a knife to the complainant ordering her to have a sexual act with him, tried different kind of positions but unfortunately only a portion of his penis entered her as she kept on moving. The complainant saw a chance of escaping, dashed out of the room, jumped out of the window and went to the municipal building still naked when the policemen Pat. Donceras attend to her, but due to darkness they failed to apprehend the accused. Issue: Whether or not the accused conviction for frustrated rape is proper Ruling: The court shares the same view and the court answer in the negative to the issue and modified the decision of regional trial court from frustrated to consummated rape. Under Art. 6 of the revised penal code frustrated felony is 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 perpetrator. The requisites of a frustrated felony are : 1) that the offender has performed all the acts of execution which would produce the felony 2) that the felony is not produce due to causes independent of the perpetrator s will. The court has set the uniform rule that for consummated 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 were performed. The offender merely commenced the commission of a felony directly by overt acts