PEOPLE vs. ORITA (Criminal Law Review 1)

G.R. No. 88724               April 3, 1990

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.

CEILITO ORITA alias "Lito," defendant-appellant.

The Office of the Solicitor General for plaintiff-appellee.

C. Manalo for defendant-appellant.

FACTS:

The accused poke a “balisong” to college freshman Cristina Abayan as soon as she got into her boarding house early morning after arriving from a party. She knew him as a frequent visitor of another boarder. She was dragged inside the house up the stairs while his left arm wrapped around her neck, and his right hand poking the Batangas knife to her neck. Upon entering her room, he pushed her in and got her head hit on the wall. He immediately undressed while still holding the knife with one hand, and ordered her to do the same. He ordered her to lie down on the floor and then mounted her. He asked her to hold his penis and insert it in her vagina, while still poking the knife to her. She followed, but the appellant could not fully penetrate her in such a position. Next, he laid down on his back and commanded her to mount him, but he cannot fully penetrate her. When Orita’s hands were both flat on the floor, complainant escaped naked. She ran from room to room as appellant pursued her, and finally jumped out through a window. She went to the municipal building nearby and knocked on the back door for there was no answer. When the door opened, the policemen inside the building saw her crying and naked. She was given a jacket for covering by the first policeman who saw her. The policemen dashed to her boarding house but 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 was MODIFIED. The accused Ceilito Orita is hereby found guilty beyond reasonable doubt of the crime of rape [consummated] and sentenced to reclusion perpetua.

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.