People vs Cielito Orita (1990)

Facts:

Cristina Abayan, a 19 years old college freshman, arrived at her boarding house
from a party. All of a sudden, appellant held her and poked a knife to her neck.
Appellant dragged complainant up the stairs and with the batangas knife still poked
to her they entered the complainants room. After removing his clothes and ordering
her to remove hers, the appellant began to rape the complainant. However, as they
were in a position where he conti9nued to poke the knife to her appellant could not
fully penetrate her. Upon changing positions, the complainant managed to dash into
the next room. However, the appellant chased her until she jumped out of the window
and ran to a nearby municipal building where two policemen were on duty. The
complainant was brought to a hospital where she was examined. The medical
certificate stated no visible abrasions or marks at the perineal area or over the
vulva. The trial court convicted the accused of frustrated rape. The accused
contends that there is no crime of frustrated rape.

Issue: Whether or not the trial court erred in declaring that the crime of
frustrated rape was committed by the accused.

Held:

The accused was found guilty beyond reasonable doubt of the crime of 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 (consummated). Nothing more is left to be
done by the offender because he has performed the last act necessary to produce the
crime. In the consummation of rape perfect penetration is no 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.