RENATO BALEROS v. PEOPLE, GR NO.

138033, 2006-02-22
Facts:
the above-named accused, by forcefully covering the face of Martina Lourdes T. Albano with a piece
of cloth soaked in chemical... with dizzying effects, did then and there willfully, unlawfully and
feloniously commenced the commission of rape by lying on top of her with the intention to have
carnal knowledge with her but was unable to perform all the acts of execution by reason of some
cause or... accident other than his own spontaneous desistance, said acts being committed against her
will and consent to her damage and prejudice.
MALOU... was a medical student
MALOU was awakened by the smell of chemical on a piece of cloth pressed on her face. She
struggled but could not move. Somebody was pinning her down on the bed, holding her tightly.
Still, MALOU continued fighting off her attacker by kicking him until at last her right hand got free.
With this ...the opportunity presented itself when she was able to grab hold of his sex organ... which
she then squeezed.
Further, MALOU testified that her relation with CHITO, who was her classmate ..., was friendly
until a week prior to the attack. CHITO confided his feelings for her... and she rejected him.
Meanwhile, according to S/G Ferolin, while he was on duty, CHITO arrived at the Building... and
requested permission to go up to Room 306. This Unit was being leased by Ansbert Co and at that
time... when CHITO was asking permission to enter, only Joseph Bernard Africa was in the room.
He asked CHITO to produce the required written authorization and when CHITO could not, S/G
Ferolin initially refused [but later, relented] .... S/G Ferolin made the following entry in the security
guard's logbook
For its part, the defense presented, as its main witness, the petitioner himself. He denied committing
the crime imputed to him or making at any time amorous advances on Malou.
the trial court rendered its decision[10] convicting petitioner of attempted rape and accordingly
sentencing him
Aggrieved, petitioner went to the CA... the CA, in its assailed Decision... affirmed the trial court's
judgment of conviction
Issues:
whether or not the CA erred in affirming the ruling of the RTC finding petitioner guilty beyond
reasonable doubt of the crime of attempted rape.
whether or not the act of the petitioner, i.e., the pressing of a chemical-soaked cloth while on top of
Malou, constitutes an overt act of rape.
Ruling:
, the Court is disposed to rule for petitioner's acquittal, but not necessarily because there is no direct
evidence pointing to him as the intruder
Positive identification pertains essentially to proof of identity and not per se to that of being an
eyewitness to the very act of commission of the crime.
There are two types of positive identification. A witness may identify a suspect or accused as... the
offender as an eyewitness to the very act of the commission of the crime. This constitutes direct
evidence. There may, however, be instances where, although a witness may not have actually
witnessed the very act of commission of a crime, he may still be able to positively... identify a
suspect or accused as the perpetrator of a crime as when, for instance, the latter is the person or one
of the persons last seen with the victim immediately before and right after the commission of the
crime. This is the second type of positive identification, which... forms part of circumstantial
evidence.
In the absence of direct evidence, the prosecution may resort to adducing circumstantial evidence to
discharge its burden. Crimes are usually committed in secret and under condition where concealment
is... highly probable. If direct evidence is insisted under all circumstances, the prosecution of vicious
felons who committed heinous crimes in secret or secluded places will be hard, if not well-nigh
impossible, to prove.
Section 4 of Rule 133 of the Rules of Court provides the conditions when circumstantial evidence
may be sufficient for conviction. The provision reads:
Sec. 4. Circumstantial evidence, when sufficient Circumstantial evidence is sufficient for conviction
if... a) There is more than one circumstance;... b) The facts from which the inferences are derived are
proven; and ... c) The combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt.
In the present case, the positive identification of the petitioner forms part of circumstantial evidence,
which, when taken together with the other pieces of evidence constituting an unbroken chain, leads to
only fair and reasonable conclusion, which is that petitioner was... the intruder in question.
We quote with approval the CA's finding of the circumstantial evidence that led to the identity of the
petitioner as such intruder:
Chito was in the Building when the attack on MALOU took place. He had access to the room of
MALOU as Room 307 where he slept the night over had a window which allowed ingress and egress
to Room 306 where MALOU stayed. Not only the Building security guard,... S/G Ferolin, but
Joseph Bernard Africa as well confirmed that CHITO was wearing a black "Adidas" shorts and
fraternity T-shirt when he arrived at the Building
Though it was dark during their struggle, MALOU had... made out the feel of her intruder's apparel
to be something made of cotton material on top and shorts that felt satin-smooth on the bottom.
From CHITO's bag which was found inside Room 310 at the very spot where witness Renato
Alagadan saw CHITO leave it, were discovered the most incriminating evidence: the handkerchief
stained with blue and wet with some kind of chemicals; a black "Adidas" satin short pants; and a...
white fraternity T-shirt, also stained with blue. A different witness, this time, Christian Alcala,
identified these garments as belonging to CHITO.
This brings the Court to the issue on whether the evidence adduced by the prosecution has
established beyond reasonable doubt the guilt of the petitioner for the crime of attempted rape.
Under Article 335 of the Revised Penal Code, rape is committed by a man who has carnal knowledge
or intercourse with 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 or is demented. 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 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 attempt which the Penal Code punishes is that which has a logical connection... to a particular,
concrete offense; that which is the beginning of the execution of the offense by overt acts of the
perpetrator, leading directly to its realization and consummation."... bsent the unavoidable
connection,... then what obtains is an attempt to commit an indeterminate offense, which is not a
juridical fact... from the standpoint of the Penal Code.
There is absolutely no dispute about the absence of sexual intercourse or carnal knowledge in the
present case.
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 carried out to its
complete termination following its natural course,... without being frustrated by external obstacles
nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete
offense.
it would be too strained to construe petitioner's act of pressing a chemical-soaked cloth in the mouth
of Malou which would induce her to sleep as an overt act that will logically and necessarily ripen
into rape.
As it... were, petitioner did not commence at all the performance of any act indicative of an intent or
attempt to rape Malou. It cannot be overemphasized that petitioner was fully clothed and that there
was no attempt on his part to undress Malou, let alone touch her private part.
The CA maintained that if the petitioner had no intention to rape, he would not have lain on top of
the complainant. Plodding on, the... appellate court even anticipated the next step that the petitioner
would have taken if the victim had been rendered unconscious.
the appellate court indulges in plain speculation, a practice disfavored under the rule on evidence in
criminal cases. For, mere speculations and probabilities cannot substitute for proof required to
establish the guilt of an accused beyond reasonable... doubt.
In the crime of rape, penetration is an essential act of execution to produce the felony. Thus, for
there to be an attempted rape, the accused must have commenced the act of penetrating his sexual
organ to the vagina of the victim but for some cause or... accident other than his own spontaneous
desistance, the penetration, however, slight, is not completed.
Petitioner's act of lying on top of the complainant, embracing and kissing her, mashing her breasts,
inserting his hand inside her panty and touching her sexual organ, while admittedly obscene and
detestable acts, do not constitute attempted rape absent any showing that... petitioner actually
commenced to force his penis into the complainant's sexual organ.
Lest it be misunderstood, the Court is not saying that petitioner is innocent, under the premises, of
any wrongdoing whatsoever.
while the series of acts committed by the petitioner do not determine... attempted rape, as earlier
discussed, they constitute unjust vexation punishable as light coercion under the second paragraph of
Article 287 of the Revised Penal Code.
WHEREFORE, the assailed Decision of the Court of Appeals affirming that of the Regional Trial
Court of Manila, is hereby REVERSED and SET ASIDE and a new one entered ACQUITTING
petitioner
Petitioner, however, is adjudged GUILTY of light coercion