AMBI, ALANNA MARIE M.

CASE DIGEST
Norberto Cruz vs People of the Philippines
GR NO. 166441
October 8, 2014

Facts:
Norberto Cruz was convicted for attempted rape under the Court of Appeals on July 26 2004.
According to the version of the prosecution, the complainants were employees of Norberto and
his wife in their business.
The complainants said that on December 21, 1993 at 1 o’clock in the morning, Cruz went to the
tent where they were sleeping. The accused removed the panty and underwear of the first
complainant, touched her vagina and breast and lay on top of her but she was able to kick him
twice.
After getting away from Cruz, the complainant was offered by Cruz some money and threatened
her life if she will tell the incident to her mother. After being able to get out of the tent, she
returned and saw that Cruz was also doing the sexual advances to her companion.
The two complainants went to the Municipal Hall to report about Cruz.
According to the version of the defendant, the allegations against him is not possible because the
location of the tent has many people around and if the complainants would scream, the police
can easily hear them. He said that the reason that the complainants are doing this is to extort
money.
The Court of Appeals affirmed the conviction of Norberto Cruz for attempted rape and imposed
indeterminate penalty of imprisonment of four (4) years and two (2) months of prison
correccional, as minimum, to (10) years of prison mayor, as maximum, and ordered him to pay
P20,000 damages to the victim.
The RTC find Cruz guilty beyond reasonable doubt of attempted rape and acts of lasciviousness.
Issues: WHETER OR NOT the CA’s decision in giving credence to the testimony of the alleged
victim is in accord with law or jurisprudence.
WHETER OR NOT the CA’s decision in convicting the accused notwithstanding the failure of
the prosecution to prove the guilt of the petitioner beyond reasonable doubt is in accord with law
or jurisprudence.
Ruling:
The appeal is partly meritorious.
The court find Norberto Gonzales guilty of Acts of Lasciviousness but did not constitute
attempted rape.
AMBI, ALANNA MARIE M.

According to Article 335 of the Revised Penal Code, rape is committed by having carnal
knowledge of a woman under the following circumstances: (1) by using force or intimidation;
when the woman is deprived of reason or otherwise unconscious; and when the woman is under
twelve years of age, even though neither of the circumstances mentioned in the next preceding
paragraphs shall be present.
The basic element of rape is carnal knowledge of the act of the man having sexual bodily
connections with a woman. There is rape when the penis touched the labias or slid into the
female organ.
While attempted rape is when the touching of the vagina by the penis is coupled with the intent
to penetrate. The intent to penetrate is manifest by showing the penis is capable of consummating
the sexual act.
When in this case, Cruz is touching the vagina of the victim while on top of her, such
circumstances still remain equivocal or susceptible to double interpretation.
Hence, the decision of the court to convict Cruz of the act of Lasciviousness instead of rape.