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TABLE OF CONTENTS
FRUSTRATED

PAGE

People vs Tayaba
G.R. No. 43137 / 62 Phil. 559
December 5, 1995

People vs Royeras
G.R. No. L-31886 / 56 SCRA 666
April 29, 1974

People vs Amores
G.R. No. L-32996 / 58 SCRA 505
August 21, 1974

People vs Orita
G.R. No. 88724 / 184 SCRA 505
April 3, 1990

People vs Eria
G.R. No. 26298 / 50 Phil 998
January 20, 1927

People vs Aca-ac
G.R. No. 142500
April 20, 2001

FRUSTRATED
People vs Tayaba
G.R. No. 43137 / 62 Phil. 559
December 5, 1995
Facts:
That between 9 and 10 oclock on the night of the day in question, while the offended party, a
married woman, was alone in her house, the accused, Jose Tayaba, a young man of 17 years of age,
entered therein and, finding her asleep, raised her dress and placed himself in top of her. Upon waking up,
she immediately cried for help and it was then that the accused, with a knife in his right hand and holding
the right shoulder of the offended party with his left, threatened her if she did not keep quiet. As she
continued to shout and offer resistance, the accused possibly touched her with his knife, inflicting slight
injuries upon her body. The chemise and the dress worn by the offended party on said occasion were torn
in the fore part of the neck. Attracted by the cries of the offended party, the witness Pedro Martinez, her
neighbor came to rescue and, upon entering the house, recognized the accused in under-garments. Upon
noting Martinezs presence, the accused in turn, hastily left the house and ran away.
The CFI of Pangasinan found him guilty of the crime of attempted rape.
Issue:
Whether or not the court erred in convicting the accused of attempted rape.
Ruling:
No, the court did not err in convicting the accused of attempted rape. 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. Taking into account the nature, elements,
and manner of execution of the crime of rape and jurisprudence on the matter, therefore, it is hardly
conceivable how the frustrated stage in rape can ever be committed.

FRUSTRATED
People vs Royeras
G.R. No. L-31886 / 56 SCRA 666
April 29, 1974
Facts:
At around nine o'clock in the morning of October 2, 1967 Eufrosina was on her way to her newly
constructed house about half a kilometer from her old house. While Eufrosina was passing a hedge of
bariw plants, Royeras, who was hiding behind the shrubs, suddenly emerged from his hideout and grabbed
her left leg which the victim fell to the ground, flat on her back. The victim tried to stand but she could not
extricate herself from the clutches of Royeras who was firmly holding her left-knee joint and her nape. The
victim kept struggling all the time to free herself from embrace but did not succeed because of his superior
strength. The accused was successful in having sexual intercourse with her. After the coition she stood up
and saw semen flowing down her thighs. The victim related the outrage to her husband at noontime when
he returned and saw her crying. They decided to go to town in the afternoon and report the rape to the
authorities. In that same afternoon, Eufrosina was examined in the Leyte-Provincial Hospital and was told
that her vaginal smear is negative for sperm cells. The trial court found that the accused was able to insert
his penis into the vagina of Eufrosina but he ejaculated after he had pulled out his penis. Hence, his semen
was spilled on her thighs.
Issue:
Whether or not the crime committed is frustrated.
Ruling:
No. The absence of sperm cells in the vagina is explained by the circumstance that the ejaculation
occurred when the penis had already been pulled out. That is why semen was found on Eufrosina's thighs.
Ejaculation inside the vagina is not a requisite for the consummation of rape. Mere entry of the male organ
into the female organ consummates the rape.

FRUSTRATED
People vs Amores
G.R. No. L-32996 / 58 SCRA 505
August 21, 1974
Facts:
At abaout nine oclock in the morning of July 12, 1966 Petronila Baligasa and her half-brother had
been directed by their grandmother to gather cornstalks in the farm. While they were engaged in that task,
the accused and another man appeared at the scene. Without any preliminaries, the accused held held
Petronilas hand however she managed to free herself from his grasp and ran away. The accused chased
her, overtook her and was able to seize her hands, removed her panties, pulled her legs, pushed her to the
ground, unbottoned his pants, placed himself on top of her and succeeded in having carnal knowledge of
her. The victim repeatedly shouted for help and struggled to free herself from his clutches by scratching,
boxing and kicking him but was unsuccessful due to accuseds superior strength. Petronila disclosed the
outrage to her grandmother five days thereafter and was brought to the office of Doctor Severiano M. Kho,
the Municipal Health Officer, for examination. Doctor Kho declared that Petronila's hymen was not intact
because it was ruptured possibly by a male organ and explained that no spermatozoa was found in the
victim's vagina because the sperm cells would disintegrate or deteriorate five days after coition. Nearly a
month after the incident, Petronila wrote a letter-complaint about the rape to the Provincial Fiscal which
then conducted a preliminary investigation and complaint for rape was filed in the Court of First Instance of
Negros Oriental.
The CFI convicted Amores of rape. The accused appealed to CA which transmitted the records to the
Supreme Court.
Issue:
1. Whether or not the crime commited is frustrated.
Ruling:
No. In rape the slightest penetration of the female organ consummates the crime.

FRUSTRATED
People vs Orita
G.R. No. 88724 / 184 SCRA 505
April 3, 1990
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. Cristina 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.
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 the accuseds hands we both flat on the floor, complainant escaped naked. She ran
from room to room as appellant pursued her. 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.
The RTC convicted the accused of frustrated rape.
Issue:
Whether or not the crime committed is frustrated rape.
Ruling:
No. 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.

FRUSTRATED
People vs Eria
G.R. No. 26298 / 50 Phil 998
January 20, 1927
Facts:
The victim was a child of 3 years and 11 months old. There was doubt as to whether he succeeded
in penetrating the vagina before being disturbed by the timely intervention of the mother and the sister of
the child. The physician who examined the genital organ of the child a few hours after the commission of
the crime found a slight inflammation of the exterior parts of the organ, indicating that an effort had been
made to enter the vagina, although expressed doubts as to whether the entry had been effected. The
mother of the child testified that she found its genital organ covered with a sticky substance.
The RTC convicted Erinia of the crime of consummated rape.
Issue:
Whether or not the crime committed is consummated rape.
Ruling:
No. There being no conclusive evidence of penetration of the genital organ of the offended party, the
defendant is entitled to the benefit of the doubt and can only be found guilty of frustrated rape.

FRUSTATED
People vs Aca-ac
G.R. No. 142500
April 20, 2001
Facts:
On September 8, 1990, she was asked by her mother Felipa Aca-ac to buy cooked fish (inon-onan)
for dinner from a store in Barangay Villalimpia, Loay, Bohol. On her way home, she met accused-appellant,
who held her by the hand and forced her to go with him to the vacant house of one Pinay Aguirre. Once
inside, accused-appellant removed complainants shorts and panty, made her lie down on the floor, which
was covered with coconut leaves and and inserted his penis into the labia minora near the clitoris of the
vagina of the victim and succeeded in having carnal knowledge with her vitiated consent. On September
22, 1990, after gathering some guavas in the same barangay when accused-appellant saw her, tried to lure
her on the pretext that he had some papayas for her. Complainant got inside the house but, sensing that
there was no papaya in the house, she immediately tried to leave. Accused-appellant, however, closed the
door and brought her to his bedroom where he raped her. On October 17, 1990, as she was gathering
firewood in the same barangay when accused-appellant came and forced her to remove her shorts and
panty. She was made to lie down on the ground covered with nipa leaves and was then raped by accusedappellant. On January 12, 1991, as she was on her way home from the house of a certain Betty when
accused-appellant seized her and dragged her to a bush near the plantation and made her undress and lie
down. Then he allegedly forced her to have sexual intercourse with him.
Complainants mother, Felipa Aca-ac, testified that accused-appellant is the cousin of her father-inlaw. She said that in the afternoon of February 27, 1991, she learned that her daughter had been raped by
accused-appellant when she confronted her daughter which the latter admitted that accused-appellant had
raped her four times. The next day, February 28, 1991, she took Fritzie to Dr. Stella Maris J. Amora of the
Governor Celestino Gallares Memorial Hospital for medical examination.
Dr. Amora testified that there was no laceration in the hymen of complainant. She said, however, that
it was possible that there could be a penetration of a male organ up to the labia minora and the hymen
would still be intact.
RTC rendered a decision convicting accused-appellant of frustrated rape. On appeal, the Court of
Appeals held that accused-appellant was guilty of consummated rape.
Issue:
Whether or not the crime committed is frustrated.

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Ruling:
No. 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. The mere touching of the labia or pudendum by the male organ is
enough to consummate the crime of rape. It is enough that there is a penetration, however slight, of the
external genitalia. Consequently, the fact that there was no laceration of complainants private parts or that
her hymen was intact, as testified to by Dr. Amora, does not preclude a finding of rape against accusedappellant. It bears emphasis that a broken hymen or laceration of any part of the female genital is not a prerequisite for a conviction for rape.