PEOPLE V.

ORITA

FACTS:

Ceilito Orita was charged with the crime of rape. That on March 20, 198, with the used of batangas
knife, he conveniently provided himself for the purpose and with threats and intimidation did and
feloniously lay with Cristina Abayan against her will and without her consent.

Cristina abayan was a student from St. Joseph's College.

Orita was a frequent visitor of another boarder near Cristina

Issue: Whether Orita committed a frustrated rape or rape?

Lower court decision:

RTC ruled that the accused is guilty only of frustrated rape.

CA found the accused guilty of the crime of rape however, issued a resolution setting aside the decision
and forwarded the case to the supreme court.

Ruling:

The decision of RTC was modified, the accused is guilty of rape.

The accused may be convicted on the sole basis of the victim's testimony if credible. Moreover, Dr.
Zamora's testimony was merely corroborative and is not an indispensable element in the prosecution of
this case.

Only a portion of Orita's penis was inserted according to the victim. Because there was no findings in the
vulva that would give a concrete disclosure of penetration. However, the settled rule is that for
consummation of rape, perfect penetration is not essential. Any penetration of the female organ by the
male organ is sufficient. Necessarily, rape is attempted if there is no penetration of the female organ.