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Criminal Law I

First Semester, First Year AY 2009-2010

ARTICLE 6 and 7 Consummated, Frustrated and Attempted Felonies Held


1. No. The courts decision was merely based on speculations.
BALEROS, JR. VS. PEOPLE 483 SCRA 10 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
Parties Involved mayor and pay PHP 200.
Renato Chito Baleros, Jr. as petitioner
People as respondent Doctrine/Ratio
Art. 335 of the RPC, rape is committed by a man who has carnal knowledge or intercourse
Facts with a woman under any of the following circumstances:
Early morning of Dec. 13, 1991, Malou was awakened by a smell of chemical on a piece of 1. By using force or intimidation
cloth pressed on her face. She struggled to break free but his attacker was pinning her down, 2. When woman is deprived of reason or otherwise unconscious
holding her tightly. When her right hand finally got free, she grabbed and squeezed the sex 3. When woman is under 12 years of age or demented
organ of his attacker. The man let her go, enabling Marilou to seek help from her maid and
classmates living nearby. 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
An investigation was conducted in which the evidences pointed to Chito as the attacker. The crime of rape by reason of some cause or accident other than his own spontaneous
RTC thus found Chito guilty for attempted rape and ordered him to suffer an indeterminate desistance.
sentence (from prision correccional as minimum to prision mayor as maximum) and to pay
Malou PHP 50,000. 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.
Chito made an appeal to the CA only to be denied. He moved for a reconsideration but to no However, there was no carnal knowledge in the case. The pressing of a chemical-soaked cloth
avail. He thus made an appeal to the SC arguing that: while on top of Malou did not necessarily constitute an overt act of rape. Moreover, the
1. There was not enough evidence to find him guilty of the crime petitioner did not commence any act that was indicative of an intent to rape Malou. The
2. Prosecution failed to satisfy all requisites for conviction petitioner was fully clothed; there was no attempt to neither undress her nor touch her private
3. Circumstances relied on to convict him were unreliable, inconclusive and part.
contradictory.
4. There was no motive. In the crime of rape, penetration is an essential requisite. Therefore for an attempted rape,
5. The awarding of damages to complainant was improper and unjustified. accused must have commenced the act of penetrating but for some cause or accident other
6. In failing to appreciate in his favour the constitutional presumption of innocence and than his own spontaneous desistance, the penetration was not completed. Thus petitioners
that moral certainty has not been met, he should be acquitted on the basis that the act of lying on top of her, embracing and kissing her or touching her private part do not
offense charged has not been proved beyond reasonable doubt. constitute rape or attempted rape.

Issues
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