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Valeros vs.

G.R. 130833, February 22, 2006
Garcia, J.
FACTS: Complainant was a medical student in UST. On the morning of December 13, 1991, she
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 accused-appellant 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 of Php50,000
ISSUE: Whether or not trial court erred in its decision.
HELD: Yes. In order for a crime of rape to have been committed in an attempting stage, the
accused must have commenced the act of penetrating the womens vagina with his sex organ but
was not able to completely do so due to some reason or accident other than his own spontaneous
desistance. Even with the acts of kissing the victim and mashing her breasts, the offense would
not have constituted attempted rape absent the accuseds commencement of penetrating the
victims vagina with his sex organ. In the present case, the perpetrator was even fully dressed
when it attacked Albano. The Court reversed and set aside the decision affirmed by the CA and
adjudges Baleros guilty of unjust vexation punishable as light coercion under article 287 of the
Ong Chiu Kwan v. CA
G.R. No. 113006, November 23, 2000
Pardo, J.
FACTS: On April 14, 1990, at around 10 in the morning, Ong Chiu Kwan ordered Wilfredo
Infante to relocate the telephone, electric and water lines of Crazy Feet, because said lines posed
as a disturbance. However, Ong Chiu Kuwan failed to present a permit from appropriate
authorities allowing him to cut the electric wire, water pipe and telephone lines of the business
established. After due trial, trial court found Ong Chiu Kwan guilty of unjust vexation. The court
also ordered him to pay moral damages, finding that the wrongful act of abruptly cutting off the
electric, water pipe and telephone lines of Crazy Feet caused the interruption of its business
operations during peak hours, to the detriment of its owner, Mildred Ong.
ISSUE: Whether nor not the trial court erred in convicting accused with the crime of unjust
HELD: No. Petitioner admitted having ordered the cutting of the electric, water and telephone
lines of complainants business establishment because these lines crossed his property line. He
failed, however, to show evidence that he had the necessary permit or authorization to relocate
the lines. Also, he timed the interruption of electric, water and telephone services during peak
hours of the operation of business of the complainant. Thus, petitioners act unjustly annoyed or
vexed the complainant. Consequently, petitioner Ong Chiu Kwan is liable for unjust vexation.
Capurcos, Jumel L.