TOPIC: CONSUMMATED RAPE

(35-ALL) People VS. Orita

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

FACTS:

Ceilito Orita was charged and convicted with the crime of rape at the RTC. He appealed to the CA for review.
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 was dragged inside the house while the accused’s left arm was wrapped around
her neck, and his right hand poking the Batangas knife to her neck. Upon entering her room, he pushed her and
immediately undressed while still holding the knife with one hand, and ordered Abayan 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, Abayan escaped naked. She ran from room to room as Orita pursued her, and finally jumped out
through a window and went to the municipal building nearby.
Abayan’s physical examination 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, to
which he appealed.
The accused contends that there is no crime of frustrated rape.

ISSUE:
Whether or not the accused is guilty of frustrated rape.

HELD:
No, the accused is not guilty of frustrated rape.
The court ruled that the evidence is sufficient to prove his guilt beyond reasonable doubt of the crime of consummated
rape. 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.
In a long line of cases, the Court 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. Necessarily, rape is
attempted if there is no penetration of the female organ (People v. Tayaba, 62 Phil. 559 People v. Rabadan et al., 53 Phil.
694; United States v. Garcia: 9 Phil. 434) because not all acts of execution was 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, it is hardly conceivable how the frustrated stage in rape
can ever be committed.
Therefore, Orita is found guilty beyond reasonable doubt of the crime of consummated rape.