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Criminal Law I

First Semester, First Year AY 2009-2010

ARTICLE 6 and 7 Consummated, Frustrated and Attempted Felonies BALEROS, JR. VS. PEOPLE 483 SCRA 10 Parties Involved Renato Chito Baleros, Jr. as petitioner People as respondent Facts Early morning of Dec. 13, 1991, Malou was awakened by a smell of chemical on a piece of cloth pressed on her face. She struggled to break free but his attacker was pinning her down, holding her tightly. When her right hand finally got free, she grabbed and squeezed the sex organ of his attacker. The man let her go, enabling Marilou to seek help from her maid and classmates living nearby. An investigation was conducted in which the evidences pointed to Chito as the attacker. The RTC thus found Chito guilty for attempted rape and ordered him to suffer an indeterminate sentence (from prision correccional as minimum to prision mayor as maximum) and to pay Malou PHP 50,000. Chito made an appeal to the CA only to be denied. He moved for a reconsideration but to no avail. He thus made an appeal to the SC arguing that: 1. There was not enough evidence to find him guilty of the crime 2. Prosecution failed to satisfy all requisites for conviction 3. Circumstances relied on to convict him were unreliable, inconclusive and contradictory. 4. There was no motive. 5. The awarding of damages to complainant was improper and unjustified. 6. In failing to appreciate in his favour the constitutional presumption of innocence and that moral certainty has not been met, he should be acquitted on the basis that the offense charged has not been proved beyond reasonable doubt. Issues Held

1. No. The courts decision was merely based on speculations. 2. Yes. SC reversed and modifies the decision of the CA, acquitting Chito of
attempted rape. He is adjudged guilty of light coercion and is ordered to serve 30 days of arresto mayor and pay PHP 200.

Doctrine/Ratio Art. 335 of the RPC, rape is committed by a man who has carnal knowledge or intercourse with a woman under any of the following circumstances: 1. By using force or intimidation 2. When woman is deprived of reason or otherwise unconscious 3. When woman is under 12 years of age or demented Art. 6 of the RPC defines attempted rape when offender commences the commission of rape directly by overt acts and does not perform all the acts of execution which should produce the crime of rape by reason of some cause or accident other than his own spontaneous desistance. The attempt which RPC punishes is the act that has logical connection to the crime that should it have been successful, the attempt would lead to the consummation of rape. However, there was no carnal knowledge in the case. The pressing of a chemical-soaked cloth while on top of Malou did not necessarily constitute an overt act of rape. Moreover, the petitioner did not commence any act that was indicative of an intent to rape Malou. The petitioner was fully clothed; there was no attempt to neither undress her nor touch her private part. In the crime of rape, penetration is an essential requisite. Therefore for an attempted rape, accused must have commenced the act of penetrating but for some cause or accident other than his own spontaneous desistance, the penetration was not completed. Thus petitioners act of lying on top of her, embracing and kissing her or touching her private part do not constitute rape or attempted rape.

1. Whether the evidence adduced by prosecution has established beyond


reasonable doubt the guilt of the petitioner for the crime of attempted rape 2. Whether or not the CA erred in affirming the ruling of the RTC finding petitioner guilty beyond reasonable doubt of the crime of attempted rape

Criminal Law I Case Digest| Outline 2