People v. Orita, G.R. No.

88724, 3 April 1990

Victim was a college freshman. Appellant Orita was a member of the Philippine Constabulary.
One early morning Victim’s classmates just brought her to home from a party. Shortly after they
left, she just knocked at the door of her boarding house when suddenly somebody held her and
poked a knife (balisong) at her neck, she recognized him as a frequent visitor of another
boarder. She pleaded with him to release her but he ordered her to go upstairs with him, since
the door in front was locked, he forced her to use the back door and forced her to look for a
room, with the balisong still poked at her neck, they entered victim’s room.

Upon entering the room, Orita pushed the victim and she hit her head on the wall, with one
hand holding the knife, appellant undressed himself and ordered complainant to take her
clothes off, she took off her t-shirt and then Orita pulled her bra, pants, and panty. He ordered
her to lie down and mounted at her, he made her hold his penis and insert it in her vagina. She
kept on moving so he was not able to fully penetrate her, only a portion of his penis was entered
her. Appellant then lay down on his back and commanded her to mount him, in this position,
only a small part of his penis was inserted into her vagina. At this stage, appellants had both his
hands flat on the floor so victim thought of escaping. She dashed out from room to room as the
appellant chased her, she fled to another room and jumped out through a window. Still naked,
she darted to the municipal building in front of the boarding house, and police found her naked
sitting on the stairs crying. One of the policemen took off his jacket and wrapped it around her.
When they found out what happened, they rushed to the boarding house and heard a sound on
the second floor and saw somebody running away. Due to the darkness they failed to
apprehend the appellant.

The police brought the victim to the provincial hospital where she was physically examined. Her
medical certificate stated that she came in with loose clothing and no under-clothes, appears to
be in a state of shock, with linear abrasions below the left breast, multiple pinpoint marks, with
a circumscribed hematoma on her neck, vulva – hymen intact, vaginal canal tight, erythematous
areas (redness of the skin) surrounding the vaginal orifice.

Crime charged was consummated rape. RTC convicted him of frustrated rape. SC ruled that
there is no frustrated rape. Although there was only slight penetration, SC ruled that even the
slightest penetration would consummate the crime of rape.

Clearly, in the crime of rape, from the moment the offender has carnal knowledge of his victim
he 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]

Accused cited People vs. Eriña wherein the accused was liable for frustrated rape. SC abandoned
such ruling and ruled that this was only a “stray” decision. SC concluded that there is no more
crime of frustrated rape. The moment of the slightest penetration of the male genitalia to the
female genitalia, that already consummates the crime of rape.

Elements of Rape:
"ART. 335. When and how rape is committed. — Rape is committed by having carnal
knowledge of a woman under any of the following circumstances:
1. By 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, even though neither of the
circumstances mentioned in the two next preceding paragraphs shall be present.”

Carnal knowledge is defined as the act of a man in having sexual bodily connections with a
woman (Black’s law dictionary)

(Case is in 1990, in 1997, this portion was amended in 1997 RPC 266-A “through force, threat
or intimidation”, “an act of sexual assault by inserting his penis into another person’s mouth,
genitalia, or anal orifice”)

“ART. 6 xxx

A felony is consummated when all the elements necessary for its execution and
commission are present. xxx”