You are on page 1of 8

ATTEMPTED FELONIES l final judgments for robbery and theft have been rendered against him — and in his

obbery and theft have been rendered against him — and in his favor, t
he mitigating circumstance of lack of instruction.
G.R. No. L-43530 August 03, 1935 PEOPLE VS. DIO
G.R. No. L-36461. June 29, 1984
The defendant Aurelio Lamahang is on appeal from a decision finding him guilty
of attempted robbery. An information for robbery with homicide was filed on October 1, 1971, against Danilo
At early dawn on March 2, 1935, policeman Jose Tomambing, who was patrolling his beat o Tobias and a John Doe. The order to arrest Tobias was returned unserved and he is still on
n Delgado and C.R. Fuentes streets of the City of Iloilo, caught the the "Wanted Persons Files." On December 7, 1971, the information was amended to name
accused in the act of making an opening with an iron bar on the wall of a store of cheap goo Hernando Dio as the John Doe, the appellant herein.
ds located on the last named street.
At that time the owner of the store, Tan Yu, was sleeping inside with another China man. At about noontime, Crispulo Alega, a civil engineer by profession working at the Sugar
The accused had only succeeded in breaking one board and in unfastening another from Construction Company, with a salary of more than P500.00 a month, went to the
the wall, when the policeman showed up, who instantly arrested him and placed him under Southeastern College, Pasay City to fetch his girlfriend, Remedios Maniti, a third year high
custody. school student.

ISSUE: WON the accused was erroneously declared guilty of attempted robbery They proceeded to the Pasay City Public Market. As they were going up the stairs leading to
the Teresa and Sons Restaurant, Remedios suddenly heard the dropping of her folders and
RULING: other things, being carried by Crispulo. When she looked back, she saw a man (Danilo
YES, he was erroneously declared guilty of attempted robbery. The accused is then held gui Tobias) twisting the neck of Crispulo, while the appellant (Hernando Dio) was holding his
lty of attempted trespass to dwelling, committed by meansof force, with the aforesaid aggrav (Crispulo's) two hands.
ating and mitigating circumstances and sentenced to three months and one day of arresto
mayor. The robbers tried to divest Crispulo of his 'Seiko' wrist watch, but Crispulo resisted their
attempt and fought the robbers which caused Danilo Tobias to stab him on the left side of
RATIONALE: his chest.
It is necessary to prove that said beginning of execution, if carried to its complete terminatio
n following its natural course, without being frustrated by external obstacles nor by the volun The victim ran down the stairs but when they reached Pasay Commercial Bank, Crispulo
tary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense Alega fell down and expired. At the time of his death, the 'Seiko' watch was still strapped to
. In the case of robbery, it must be shown that the offender clearly intended to take possessi his wrist.
on, for the purpose of gain, of some personal property belonging to another. In the instant c
ase, it may only be inferred as a logical conclusion that his evident intention was to enter by The appellant claims in his first assignment of error that he should not have been convicted
means of force said store against the will of its owner. That his final objective, once he succ of the special complex crime of robbery with homicide because the robbery was not
eeded in entering the store, was to rob, to cause physical injury to the inmates, or to commit consummated. He states that there was only an attempted robbery.
any other offense, there is nothing in the record to justify a concrete finding.
It must be borne in mind (I Groizard, p. 99) that in offenses not consummated, as the materi ISSUE
al damage is wanting, the nature of the action intended (accion fin) cannot exactly be ascert Whether or not the crime of robbery was not consummated
ained, but the same must be inferred from the nature of the acts executed (accion medio).
The relation existing between the facts submitted for appreciation and the offense which sai RULING:
d facts are supposed to produce must be direct; the intention must be ascertained from the f The Court agrees with the Solicitor General that the evidence adduced show that the
acts and therefore it is necessary, in order to avoid regrettable instances of injustice. appellant and his companion were unsuccessful in their criminal venture of divesting the
victim of his wrist watch so as to constitute the consummated crime of robbery. When the
Under article 280 of the Revised Penal Code, the Court is of the opinion victim expired, the 'Seiko' watch was still securely strapped to his wrist. The killing, of
that the fact under consideration does not constitute attempted robbery but attempted tresp Crispulo Alega may be considered as merely incidental to and an offshoot of the plan to
ass to dwelling. Against the accused must be taken into consideration the aggravating circu carry out the robbery, which however was not consummated because of the resistance
mstances of nighttime and former convictions, — inasmuch as the record shows that severa offered by the deceased.

Page 1 of 8
This case would properly come under the provision of Article 297 of the Revised Penal Trinidad was charged with FRUSTRATED murder in relation to the shooting of Tan, and he
Code which states that by reason or on occasion of an attempted robbery a homicide is was found guilty by the RTC. On appeal, Trinidad claims that the RTC erred in convicting
committed, the person guilty of such offenses shall be punished by reclusion temporal in its him of the crime of frustrated murder.
maximum period to reclusion perpetua unless the homicide committed shall deserve a
higher penalty under the provisions of this Code. Issues: W/N Trinidad is correct in contending that he can only be convicted of attempted
murder? YES
The crime committed by the appellant is attempted robbery with homicide and the penalty
prescribed by law is reclusion temporal in its maximum period to reclusion perpetua. Since Ruling: Trinidad should only be held criminally liable for attempted murder.
there was no mitigating or aggravating circumstance, the penalty should be applied in its
medium period. i.e. 18 years, 8 months and 1 day to 20 years. The Indeterminate Sentence Ratio: Trinidad had commenced the commission of the felony directly by overt acts but was
Law has also to be applied. unable to perform all the acts of execution which would have produced it by reason of
causes other than his spontaneous desistance, such as, that the jeep to which TAN was
Judgment of the trial court is hereby modified; the appellant is found guilty beyond clinging was in motion, and there was a spare tire which shielded the other parts of his
reasonable doubt of the special complex crime of attempted robbery with homicide and he body.
is sentenced to suffer an indeterminate penalty of 10 years and 1 day of prision mayoras
minimum to 20 years of reclusion temporal as maximum, to indemnify the heirs of Crispulo Moreover, the wound on his thigh was not fatal and the doctrinal rule is that where the
Alega in the amount of P30,000.00, and to pay one-half of the costs. wound inflicted on the victim is not sufficient to cause his death, the crime is only
ATTEMPTED murder, the accused not having performed all the acts of execution that would
People v. Trinidad have brought about the death (citing, People v. Pilones)
GR No. 79123-25 9 January 1989

Short Version: Lolito Soriano is a fish dealer. His helpers were Ricardo Tan and Marcial Pp vs Campuhan
Laroa. While the three were driving on their way to Davao City to sell fish, accused GR No. 129433, March 30, 2000
Emeliano Trinidad asked for a ride to Agusan del Norte. Tan, the driver at that time,
suddenly heard two gunshots -- Soriano and Laroa slumped dead for both were hit on the FACTS:
head. Trinidad had used his carbine in killing the two victims. Tan was able to get off the car
and hail a jeepney passing by. However, he noticed that Trinidad was also seated at the On April 25, 1996, as Corazon was busy preparing her children’s drinks, she heard one of
back of the said jeepney. Tan immediately got off the jeepney, followed by Trinidad. When her daughters cry, “Ayo’ko, ayo’ko” prompting her to rush upstairs. Thereupon, she saw
the jeepney started to drive away, Tan suddenly clung to its side, but Trinidad fired two Primo Campuhan inside her children’s room kneeling before Crysthel whose pajamas or
shots, one of which hit Tan on his right thigh. Tan jumped from the jeep and fortunately a “jogging pants” and panty were already removed, while his short pants were down to his
Philippine Constabulary member chanced upon him and helped him board a bus for Butuan. knees. According to Corazon, Primo was forcing his penis into Crysthel’s vagina. Physical
Trinidad was charged with FRUSTRATED murder in relation to the shooting of Tan. examination of the victim yielded negative results. No evident sign of extra-genital physical
injury was noted by the medico-legal officer on Crysthel’s body as her hymen was intact and
Facts: Lolito Soriano is a fish dealer. His helpers were Ricardo Tan and Marcial Laroa. While its orifice was only 0.5 cm in diameter. On May 27, 1997, Primo Campuhan was found guilty
the three were driving on their way to Davao City to sell fish, accused Emeliano Trinidad of statutory rape.
asked for a ride to Agusan del Norte. Trinidad, a member of the Integrated National Police,
was in uniform and had two firearms, a carbine and a .38 caliber revolver. ISSUE:
WON Campuhan is guilty of consummated statutory rape?
Tan was driving the car at that time, and he was instructed by Trinidad to slow down
because they were treading dangerous territory. Tan suddenly heard two gunshots -- HELD: No. Campuhan is found guilty of attempted rape.
Soriano and Laroa slumped dead for both were hit on the head. Trinidad had used his
carbine in killing the two victims. Tan was able to get off the car and hail a jeepney passing In Orita, the court held that rape was consummated from the moment the offender had
by. However, he noticed that Trinidad was also seated at the back of the said jeepney. Tan carnal knowledge of the victim since by it he attained his objective. All the elements of the
immediately got off the jeepney, followed by Trinidad. When the jeepney started to drive offense were already present and nothing more was left for the offender to do, having
away, Tan suddenly clung to its side, but Trinidad fired two shots, one of which hit Tan on his performed all the acts necessary to produce the crime and accomplish it. The court ruled
right thigh. Tan jumped from the jeep and fortunately a Philippine Constabulary member then that perfect penetration was not essential, any penetration of the female organ by the
chanced upon him and helped him board a bus for Butuan. male organ, however slight, was sufficient. Even without rupture of the hymen or laceration
of the vagina, was sufficient to warrant conviction of consummated rape. However, the
Page 2 of 8
prosecution utterly failed to discharge its onus in proving that Primo’s penis was able to
penetrate Crysthel’s vagina. The reasoning of the lower court is flawed because it is not the gravity of the wounds
Under Art 6, in relation to Art. 335, of the RPC, the rape is attempted when the offender inflicted which determines whether a felony is attempted or frustrated but whether or not the
commences of rape directly by overt acts, and does performs all the acts of execution which subjective phase in the commission of an offense has been passed. By subjective phase is
should produce the crime rape by reason of some cause or accident other than his own meant “that portion of the acts constituting the crime included between the act which begins
spontaneous desistance. All the elements of attempted rape – and only attempted rape – the commission of the crime and the last act performed by the offender which, with the prior
are present in the instant case, hence, the accused should be punished only for it. acts, should result in the consummated crime. From that time forward, the phase is
objective. It may also be said to be that period occupied by the acts of the offender over
which he has control – that period between the point where he begins and the point where
he voluntarily desists. If between these two points the offender is stopped by reason of any
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AGAPITO LISTERIO y PRADO cause outside of his own voluntary desistance, the subjective phase has not been passed
and SAMSON DELA TORRE y ESQUELA, accused. and it is an attempt. If he is not so stopped but continues until he performs the last act, it is
It must be remembered that a felony is frustrated when: 1.] the offender has performed all
Culled from the eyewitness account of Marlon Araque, he discloses that around 5:00 p.m. of the acts of execution which would produce the felony; 2.] the felony is not produced due to
August 14, 1991, he and his brother Jeonito were in Purok 4, Alabang, Muntinlupa to collect causes independent of the perpetrator’s will. On the other hand, in an attempted felony: 1.]
a sum of money from a certain Tino. Having failed to collect anything from Tino, they then the offender commits overt acts to commence the perpetration of the crime; 2.] he is not
turned back. On their way back while they were passing Tramo near Tino’s place, a group able to perform all the acts of execution which should produce the felony; and 3.] his failure
composed of Agapito Listerio, Samson dela Torre, George dela Torre, Marlon dela Torre and to perform all the acts of execution was due to some cause or accident other than his
Bonifacio Bancaya blocked their path and attacked them with lead pipes and bladed spontaneous desistance.
weapons. His brother, Jeonito, was stabbed from behind and sustained three stab wounds
causing him to fall down. Marlon was hit on the head with lead pipes and momentarily lost It bears stressing that intent to kill determines whether the infliction of injuries should be
consciousness. When he regained his sense, he saw that his bro Jeonito was already dead. punished as attempted or frustrated murder, homicide, parricide or consummated physical
Their assailants then fled after the incident. Marlon, who sustained injuries in the arm and injuries. Homicidal intent must be evidenced by acts which at the time of their execution are
back, was thereafter brought to a hospital for treatment. unmistakably calculated to produce the death of the victim by adequate means. Suffice it to
state that the intent to kill of the malefactors herein who were armed with bladed weapons
Accused’s version: he was in the store of Nimfa Agustin having a little fun with Edgar and lead pipes can hardly be doubted given the prevailing facts of the case. It also cannot
Demolador and Andres Gininao drinking beer. At around 2:00 o’clock he went to his house be denied that the crime is a frustrated felony not an attempted offense considering that
and slept. He was awaken by the two and told him there was a quarrel near the railroad after being stabbed and clubbed twice in the head as a result of which he lost
track. He was invited by the two policemen for questioning with his co-accused Samson consciousness and fell, Marlon’s attackers apparently thought he was already dead and
dela Torre, and was implicated in the sinumpaang salaysay of Marlon for the death of fled.
Jeonito Araque and the frustrated murder of Marlon Araque. He professed his innocence
and insisted that Marlon’s testimony is insufficient to convict him of the crimes charged. Conspiracy may be inferred from the acts of the accused before, during and after the
commission of the crime which indubitably point to and are indicative of a joint purpose,
Trial Court rendered judgment only against accused Agapito Listerio because his co- concert of action and community of interest. Indeed –
accused Samson dela Torre escaped during the presentation of the prosecution’s evidence
and he was not tried in absentia. Their other co-accuseds have remained at large. The trial A conspiracy exists when two or more persons come to an agreement concerning the
court convicted the accused for the crime of Murder and Attempted Homicide only on the commission of a felony and decide to commit it. To establish the existence of a conspiracy,
basis of Dr. Manimtim’s testimony that none of the wounds sustained by Marlon Araque direct proof is not essential since it may be shown by facts and circumstances from which
were fatal. may be logically inferred the existence of a common design among the accused to commit
the offense charged, or it may be deduced from the mode and manner in which the offense
ISSUES: was perpetrated.
WON the accused should be charged with Attempted Murder for the reason that none of the
wounds sustained by Marlon were fatal. Conspiracy need not be established by direct evidence of acts charged, but may and
WON there is conspiracy. generally must be proved by a number of indefinite acts, conditions and circumstances,
which vary according to the purpose accomplished. Previous agreement to commit a crime
RULING: is not essential to establish a conspiracy, it being sufficient that the condition attending to its
Page 3 of 8
commission and the acts executed may be indicative of a common design to accomplish a Years of Prision Correccional, as minimum to Ten (10) Years and One (1) Day of Prision
criminal purpose and objective. If there is a chain of circumstances to that effect, Mayor, as maximum.
conspiracy can be established. After finality of this Decision, the records shall be remanded to the Regional Trial Court of
Makati City, which is directed to render judgment based on the evidence against Samson
Thus, the rule is that conspiracy must be shown to exist by direct or circumstantial evidence, dela Torre y Esquela.
as clearly and convincingly as the crime itself. In the absence of direct proof thereof, as in
the present case, it may be deduced from the mode, method, and manner by which the Doctrine: The intent to penetrate is manifest only through the showing of the penis capable
offense was perpetrated, or inferred from the acts of the accused themselves when such of consummating the sexual act touching the external genitalia of the female. Without such
acts point to a joint purpose and design, concerted action and community of interest. Hence, showing, only the felony of acts of lasciviousness is committed.
it is necessary that a conspirator should have performed some overt acts as a direct or
indirect contribution in the execution of the crime planned to be committed. The overt act Cruz v. People
may consist of active participation in the actual commission of the crime itself, or it may
consist of moral assistance to his con-conspirators by being present at the commission of FACTS:
the crime or by exerting moral ascendancy over the other co-conspirators.
In December 1993, Norberto Cruz (Norberto) and his wife went to La Union to sell plastic
In this case, the presence of accused and his colleagues, all of them armed with deadly and glass wares. Along with them is AAA and BBB. Upon reaching their destination, they set
weapons at the locus criminis, indubitably shows their criminal design to kill the victims. up a tent in order that they will have a place to sleep.

As to the qualifying circumstances, the commission of the crime was attended by treachery. At around 1 AM, AAA was awakened when she felt that somebody was on top of her. The
The manner in which the stab wounds were inflicted on the deceased were clearly meant to person was Norberto who was mashing her breast and touching her private parts. He fought
kill without posing any danger to the malefactors considering their locations and the fact that back and kicked Norberto twice. He was not able to pursue his lustful desires; he offered
they were caused by knife thrusts starting below going upward by assailants who were AAA money and told her not to tell the incident to her mother. Thirty minutes later, when
standing behind the victim. Treachery is present when the offender commits any of the AAA returned to her tent, she again saw Norberto touching private parts of BBB.
crimes against persons employing means, methods or forms in the execution thereof which
tend directly and specially to insure its execution, without risk to himself arising from the Later that day, they reported the incident to the police. Norberto was summoned to the
defense which the offended party might make. That circumstance qualifies the crime into police station which resulted to an argument. He denied the allegations contending that
murder. The crime was also attended by abuse of superior strength on account of the fact there were many people around who were preparing for the “simbang gabi”, and that once
that accused and his companions were not only numerically superior to the victims but also AAA and BBB would scream, the policemen in the municipal hall could hear them.
because all of them, armed with bladed weapons and lead pipes, purposely used force out
of proportion to the means of defense available to the persons attacked. However, this RTC found Norberto guilty beyond reasonable doubt of the crimes of ATTEMPTED RAPE
aggravating circumstance is already absorbed in treachery. Furthermore, although alleged and ACTS OF LASCIVIOUSNESS. CA promulgated its decision affirming the conviction of
in the information, evident premeditation was not proved by the prosecution. In the light of the petitioner for attempted rape in Criminal Case No. 2388, but acquitting him of the acts of
the finding of conspiracy, evident premeditation need not be further appreciated, absent lasciviousness.
concrete proof as to how and when the plan to kill was hatched or what time had elapsed
before it was carried out. ISSUE: WON accused was guilty of attempted rape.

With regard to the credibility of Marlon’s testimony, it cannot be doubted in this case RULING:
because as a victim himself and an eyewitness to the incident, it can be clearly gleaned
from the foregoing excerpts of his testimony that he remembered with a high degree of NO. There is an attempt, according to Article 6 of the Revised Penal Code, when the
reliability the identity of the malefactors. offender commences the commission of a felony directly by overt acts, and does not
WHEREFORE, the appealed decision is AFFIRMED with the following MODIFICATIONS: perform all the acts of execution which should produce the felony by reason of some cause
or accident other than this own spontaneous desistance.
1.] the award of P5,000.00 to Marlon Araque by way of moral damages in Criminal Case No.
91-5843 is DELETED; In attempted rape, therefore, the concrete felony is rape, but the offender does not perform
all the acts of execution of having carnal knowledge. If the slightest penetration of the
2.] Accused-Appellant is found GUILTY beyond reasonable doubt in Criminal Case No. 91- female genitalia consummates rape, and rape in its attempted stage requires the
5843 of Frustrated Homicide and is sentenced to suffer an indeterminate penalty of Six (6) commencement of the commission of the felony directly by overt acts without the offender
performing all the acts of execution that should produce the felony, the only means by which
Page 4 of 8
the overt acts performed by the accused can be shown to have a causal relation to rape as said property belongs to another; (3) that the taking be done with intent to gain; (4) that the
the intended crime is to make a clear showing of his intent to lie with the female. taking be done without the consent of the owner; and (5) that the taking be accomplished
without the use of violence against or intimidating of persons or force upon things. The court
The petitioner climbed on top of the naked victim, and was already touching her genitalia held that theft is produced when there is deprivation of personal property by one with intent
with his hands and mashing her breasts when she freed herself from his clutches and to gain. Thus, it is immaterial that the offender is able or unable to freely dispose the
effectively ended his designs on her. It is obvious that the fundamental difference between property stolen since he has already committed all the acts of execution and the deprivation
attempted rape and acts of lasciviousness is the offender’s intent to lie with the female. from the owner has already ensued from such acts. Therefore, theft cannot have a
frustrated stage, and can only be attempted or consummated.
The intent to penetrate is manifest only through the showing of the penis capable of
consummating the sexual act touching the external genitalia of the female. Without such
showing, only the felony of acts of lasciviousness is committed. Baleros v. People G.R. No. 138033
February 22, 2006
The intent to commit rape should not easily be inferred against the petitioner, even from his Lessons Applicable: Attempted Rape
own declaration of it, if any, unless he committed overt acts directly leading to rape. In Laws Applicable: Art. 6
People v. Bugarin, the Court said that: The accused was held liable only for acts of
lasciviousness because the intent to commit rape “is not apparent from the act described,” FACTS:
and the intent to have sexual intercourse with her was not inferable from the act of licking
her genitalia. Martina Lourdes Albano (Malou), a medical student of the University of Sto. Tomas, stayed
at Room 307 with her maid Marvilou. December 12 10:30 pm: Malou slept. Her maid
The Court FINDS and PRONOUNCES petitioner NORBERTO CRUZ y BARTOLOMEguilty Marvilou slept on a folding bed right in front of her bedroom door. December 13, 1991 1:00
of ACTS OF LASCIVIOUSNESS. am: Chito left the fraternity party with Robert Chan and Alberto wearing a barong tagalog,
with t-shirt inside, with short pants with stripes lent by Perla Duran and leather shoes.
December 13, 1991 1:30 am: Chito arrived at the Building wearing a white t-shirt with
Valenzuela v. People, GR No. 160188 fraternity symbols and black shorts with the brand name “Adidas” from a party. He
requested permission from S/G Ferolin to go up to Room 306 leased by Ansbert Co but at
Facts: that time only Joseph Bernard Africa was there.

While a security guard was manning his post the open parking area of a supermarket, he Although Chito could not produce the required written authorization, he let him in because
saw the accused, Aristotel Valenzuela, hauling a push cart loaded with cases of detergent he will be a tenant in the coming summer break. Joseph was awaken by Chito’s knock so
and unloaded them where his co-accused, Jovy Calderon, was waiting. Valenzuela then he glanced the alarm clock and let him. He saw him wearing dark-colored shorts and white
returned inside the supermarket, and later emerged with more cartons of detergent. T-shirt. December 13, 1991 1:50 am: Renato Baleros, Jr. y David (Chito) forcefully covered
Thereafter, Valenzuela hailed a taxi and started loading the boxes of detergent inside. As the face of Martina Lourdes T. Albano with a piece of cloth soaked in chemical with dizzying
the taxi was about to leave the security guard asked Valenzuela for the receipt of the effects. This awakened Malou. She struggled but could not move because she was tightly
merchandise. The accused reacted by fleeing on foot, but were subsequently apprehended held and pinned down on the bed. She kicked him and got her right hand free to squeeze
at the scene. The trial court convicted both Valenzuela and Calderon of the crime of his sex organ causing him to let her go. She went for the bedroom door and woke up
consummated theft. Valenzuela appealed before the Court of Appeals, arguing that he Marvilou. She also intercommed S/G Ferolin saying: "may pumasok sa kuarto ko
should only be convicted of frustrated theft since he was not able to freely dispose of the pinagtangkaan ako".
articles stolen. The CA affirmed the trial court’s decision, thus the Petition for Review was
filed before the Supreme Court. Malou proceed to Room 310 where her classmates Christian Alcala, Bernard Baptista,
Lutgardo Acosta and Rommel Montes were staying and seeked help. She saw her bed in a
Issue: mess and noticed that her nightdress was stained with blue. Aside from the window with
Whether or not petitioner Valenzuela is guilty of frustrated theft. grills which she had originally left opened, another window inside her bedroom which leads
to Room 306 was now open.
December 13, 1991 3:30 pm: Christian and his roommates, Bernard and Lutgardo were
No. Article 6 of the RPC provides that a felony is consummated when all the elements asked by the CIS people to look for anything not belonging to them in their Unit when
necessary for its execution and accomplishment are present. In the crime of theft, the Rommel Montes went inside and found a grey bag. Christian knew right away that it
following elements should be present – (1) that there be taking of personal property; (2) that belonged to Chito. It contained white t-shirt with fraternity symbol, a Black Adidas short
Page 5 of 8
pants, a handkerchief, 3 white T-shirts, an underwear and socks. As it were, unjust vexation exists even without the element of restraint or compulsion for the
reason that this term is broad enough to include any human conduct which, although not
Chito pleaded NOT Guilty. 13 witnesses including Malou and her classmates, Joseph productive of some physical or material harm, would unjustly annoy or irritate an innocent
Bernard Africa, Rommel Montes, Renato Alagadan and Christian Alcala. Malou: Chito was person. That Malou, after the incident in question, cried while relating to her classmates
her classmate whom he rejected a week before. Chito: He only slept and at about 6 to 6:30, what she perceived to be a sexual attack and the fact that she filed a case for attempted
Joseph told him that something had happened and asked him to follow him to Room 310 rape proved beyond cavil that she was disturbed, if not distressed.
carrying his gray bag and since no one was there they went to Room 401 where Renato
Alagadan was. He left his grey bag at Room 306 the day before.

The handkerchief and Malou’s night dress both contained chloroform, a volatile poison FRUSTRATED FELONIES
which causes first degree burn exactly like what Malou sustained on that part of her face
where the chemical-soaked cloth had been pressed People v. Erinia
RTC: guilty of attempted rape
CA: Affirmed Short Version: The court held that there was only attempted rape as the entry of the labia
was not proven.
ISSUE: W/N Chito is guilty of attempted rape
CFI Manila convicted Erinia of consummated rape. The victim was 3 years and 11 months
NO. REVERSED and SET ASIDE. ACQUITTING Renato D. Baleros, Jr. of the charge for old. The evidence is conclusive that Erinia endeavored to have carnal intercourse with the
attempted rape. GUILTY of light coercion and is accordingly sentenced to 30 days of arresto victim. However, there may be some doubt whether there was successful penetration before
menor and to pay a fine of P200.00, with the accessory penalties thereof and to pay the Erinia was disturbed by the timely intervention of the victim’s mother and sister. The physical
costs. exam done a few hours after the crime only yielded a slight inflammation of the exterior
parts of the organ, indicating that an effort had been made to enter the vagina. When the
Under Article 335 of the Revised Penal Code, rape is committed by a man who has carnal physician testified, he expressed doubts as to whether there was an entry. The mother
knowledge or intercourse with a woman under any of the following circumstances: (1) By testified in having found her child’s genital organ covered with a sticky substance.
using force or intimidation; (2) When the woman is deprived of reason or otherwise
unconscious; and (3) When the woman is under twelve years of age or is demented. Issue:
WON there was an attempted rape or consummated rape? Attempted rape.
Under Article 6, in relation to the aforementioned article of the same code, rape is attempted
when the offender commences the commission of rape directly by overt acts and does not Ruling: CFI Decision modified into attempted rape.
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 court did not agree with the suggestion that penetration was impossible because the
child was of such tender age. That since rape was impossible of consummation, the offense
whether or not the act of the petitioner, i.e., the pressing of a chemical-soaked cloth while on should only be abusos deshonestos. While it is probably true that a complete penetration
top of Malou, constitutes an overt act of rape. was impossible, such penetration is not essential to the commission of the crime.
Penetration of the labia is sufficient.
Overt or external act has been defined as some physical activity or deed, indicating the
intention to commit a particular crime, more than a mere planning or preparation, which if Citation of Kenny vs. State ([Tex. Crim. App.], 79 S. W., 817; 65 L. R. A., 316) where the
carried out to its complete termination following its natural course, without being frustrated offended party was a child of 3 years and 8 months. Several physicians testified that the
by external obstacles nor by the voluntary desistance of the perpetrator, will logically and labia of a child of that age can be entered by a man's male organ to the hymen. The
necessarily ripen into a concrete offense. defendant was found guilty of the consummated rape.

Chito was fully clothed and that there was no attempt on his part to undress Malou, let alone Since there is no conclusive evidence of penetration of the genital organ of the victim, the
touch her private part. Verily, while the series of acts committed by the petitioner do not defendant is entitled to the benefit of the doubt and can only be found guilty of frustrated
determine attempted rape, they constitute unjust vexation punishable as light coercion rape. The court also held that the sticky substance cannot be considered conclusive
under the second paragraph of Article 287 of the Revised Penal Code. evidence of penetration.

Page 6 of 8

Tomas Adiao, customs inspector, got a leather bag costing P0.80 from baggage of T.
Murakami and kept it in his desk where it was found by other employees
People vs. Caballero
Facts: Whether act is consummated theft?

In an afternoon of August 03, 1994, Caballero brothers Armando, Marciano and Robito were RULING: Aggravating Circumstance, public possession
in the house of their other brother Ricardo having drinking sessions in the Mondragon
compound. By 7pmof that same day, Eugene Tayactac and Arnold Bacurna arrived in the 1. He performed all acts of execution as required by RPC Art. 3. He didn’t need to take it out
sari-sari store of Wilma Broce which was across the Mondragon compound. Later on, of the building
Armando angrily approached Eugene, and the latter insisted that there is no
quarrel between them. 2. Spanish Supreme Court: taking first caught by police still consummated no proof of contr
ary; pickpocket got money but returned it later on, still consummated; took money even if its
Armando left and after minutes, his brothers joined him, armed with knives. He grabbed on top of safe, still consummated.
Eugene and when the latter resisted, the other Caballeros ganged up on him. Armando hit
him with the wooden support of clothesline and Eugene was stabbed on the chest three HELD: Judgment is reversed.
times. Arnold tried to help but he was also stabbed on the left side of his body and twice on
his forearm. Leonilo Broce, nephew of Wilma, rushed to help but was also stabbed on the
chest by Robito. Eugene and Leonildo eventually died from the sustained wounds. The PEOPLE v. HERNANDEZ
Caballero brothers, except for Robito, were convicted of murder for the deaths of Eugene G.R. No. L-23916 | October 14, 1925
and Leonildo, and frustrated murder for the injuries of Arnold. The appellants insists that the
decision is incorrect. Short version: A 70-year old man had carnal knowledge of a 9 year old girl but the trial court
only convicted him of frustrated rape because there was no rupture of the hymen. SC says
Issue: no, there was consummation of the crime of rape because it has already be held in
WON the appellants are guilty of frustrated murder for the injuries of Arnold numerous cases that any penetration, w/n reaching the hymen, is sufficient to constitute the
crime. It is enough if the woman's body is entered; and it is not necessary to show to what
Ruling: extent penetration of the parts has taken place.

Basing the judgment in consideration of the Article 248, Article 6, par. 1 of the Revised Facts:
Penal Code, the court, beyond reasonable doubt, found the appellants guilty of the crime
frustrated murder. With the fact that appellant Armando used wooden pole and appellants Accused is a 70-year old man. Offended party is a 9-year old girl. No question as to guilt;
Ricardo and Robito used knives, it cannot be denied that there was an intent to kill Arnold. evidence showed that both were living in the same house and taking advantage of the
Moreover, the doctor attended on absence of the other inhabitants, he had intercourse with her by force and intimidation.
Arnold testified that the stab wound inflicted upon Arnold was mortal and may have caused
the latter’s death, if not for the timely and effective medical intervention. WHEREFORE, the In the Info: Defendant Hernandez is accused of raping 12-year old Conrada Jocson,
acts committed by the appellants is indeed FRUSTRATED MURDER. intimidating and forcing her with a knife. He held this knife should she not accede to his wish
then had carnal knowledge of Jocson. The following aggravating circumstances existed: 1)
accused is the husband of the grandmother of Jocson; 2) grave abuse of confidence: the
offended and the accused lived in the same house.
He admits this but says he was intoxicated and did not know what he was doing. Witness
accounts say that he did not show signs of intoxication during or after the crime.

UNITED STATES vs TOMAS ADIAO Trial Court: only frustrated rape, sentenced to 10 years and 1 day of prision mayor (no
G.R. No. 13785. October 8, 1918 consummated rape without a complete penetration of the hymen)

Page 7 of 8
Issue: W/N there was a consummation of the crime --- Yes

Ruling: Judgment appealed from is modified: defendant guilty of the consummated crime of
rape and, in view of the aggravating circumstances, the penalty imposed is increased to 17
years, 4 months and 1 day of reclusion temporal, with the accessory penalties prescribed by


State v. Johnson:

Finding the hymen intact is not always proof that no rape has been committed, nor virginity;
for the case are not rare where the hymen had to be removed after impregnation and in
order to permit delivery.

Any penetration, w/n reaching the hymen, is sufficient to constitute the crime; "scientific and
anatomical distinctions as to where the vagina commences are worthless in a case of rape;
it is enough if the woman's body is entered; and it is not necessary to show to what extent
penetration of the parts has taken place; whether it has gone past the hymen, into what is
anatomically called the hymen, or even so far as to touch the hymen.

Ppl v. Rivers:

While the rupturing of the hymen is not indispensable to a conviction, there must be proof of
some degree of entrance of the male organ "within the labia of Pudendum."

Numerous cases: entry of the labia or lips of the female organ, without rupture or laceration
of the vagina, is sufficient to warrant conviction of the consummated crime of rape

Physician (who examined her immediately after the crime): found the labia and the opening
of the vagina inflamed together with an abundance of semen. Hymen was intact.

From the evidence: accused lay on top of her for over 15 mins and continued his efforts of
penetration; she testifies that the accused succeeded in a partial penetration and that she
felt intense pain.

Thus, crime must be regarded as consummated.

Page 8 of 8