People vs Orita

G.R. No. 88724 / 184 SCRA 505

April 3, 1990
Facts:
The accused poke a “balisong” to college freshman Cristina Abayan as soon as
she got into her boarding house early morning after arriving from a party. Cristina
was dragged inside the house up the stairs while his left arm wrapped around her
neck, and his right hand poking the Batangas knife to her neck. He ordered her to
lie down on the floor and then mounted her. He asked her to hold his penis and
insert it in her vagina, while still poking the knife to her. She followed, but the
appellant could not fully penetrate her in such a position. Next, he laid down on
his back and commanded her to mount him, but he cannot fully penetrate her. When
the accused’s hands we both flat on the floor, complainant escaped naked. She ran
from room to room as appellant pursued her. She went to the municipal building
nearby and knocked on the back door for there was no answer. When the door opened,
the policemen inside the building saw her crying and naked. She was given a jacket
for covering by the first policeman who saw her. The policemen dashed to her
boarding house but failed to apprehend the accused.

The RTC convicted the accused of frustrated rape.

Issue:
Whether or not the crime committed is frustrated rape.
Ruling:
No. 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. Nothing more is left to
be done by the offender, because he has performed the last act necessary to produce
the crime. Thus, the felony is consummated. [Art. 266 and Art. 6] We have set the
uniform rule that for the consummation of rape, perfect penetration is not
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.