CRIMREV: 3RD WAVE 1

acc
ARTICLE 4 not the stabbed wound inflicted as shown by the
People vs. Villacorta INCUBATION PERIOD and ONSET TIME.
G.R. No. 186412. September 7, 2011
We face the very same doubts in the instant case that
compel us to set aside the conviction of Villacorta for
DOCTRINE:
murder. There had been an interval of 22 days between
1. Proximate cause has been defined as “that
the date of the stabbing and the date when Cruz was
cause, which, in natural and continuous
rushed to San Lazaro Hospital, exhibiting symptoms of
sequence, unbroken by any efficient intervening
severe tetanus infection. If Cruz acquired severe tetanus
cause, produces the injury, and without which the
infection from the stabbing, then the symptoms would
result would not have occurred.”
have appeared a lot sooner than 22 days later. As the
2. Although the charge in the instant case is for
Court noted in Urbano, severe tetanus infection has a short
murder, a finding of guilt for the lesser offense of
incubation period, less than 14 days; and those that exhibit
slight physical injuries may be made considering
symptoms with two to three days from the injury, have one
that the latter offense is necessarily included in the
hundred percent (100%) mortality.
former since the essential ingredients of slight
Ultimately, we can only deduce that Cruz’s stab
physical injuries constitute and form part of those
wound was merely the remote cause, and its subsequent
constituting the offense of murder.
infection with tetanus might have been the proximate
3. We still appreciate treachery as an aggravating
cause of Cruz’s death. The infection of Cruz’s stab wound
circumstance, it being sufficiently alleged in the
by tetanus was an efficient intervening cause later or
Information and proved during trial.
between the time Cruz was stabbed to the time of his
death.
FACTS:
However, Villacorta is not totally without criminal
 Accused: ORLITO VILLACORTA
liability. Villacorta is guilty of slight physical injuries under
 Charge: Murder of Danilo Salvador CRUZ Article 266(1) of the Revised Penal Code for the stab
wound he inflicted upon Cruz.
Witness MENDEJA testified that she was tending her Although the charge in the instant case is for
murder, a finding of guilt for the lesser offense of slight
sari-sari store and both CRUZ and VILLACORTA were her physical injuries may be made considering that the latter
regular customers. At 2AM, CRUZ while ordering bread was offense is necessarily included in the former since the
suddenly stabbed by VILLACORTA with a sharpened essential ingredients of slight physical injuries constitute
and form part of those constituting the offense of murder.
bamboo stick at the formers left side. The stick was broke
and was left in the body of CRUZ. She tried to chase We cannot hold Villacorta criminally liable for
VILLACORTA but failed to catch him. Upon return he saw attempted or frustrated murder because the prosecution
was not able to establish Villacorta’s intent to kill.
ARON removing the stick and they brought CRUZ to
The inference that the intent to kill existed should not be
TONDO MEDICAL CENTER drawn in the absence of circumstances sufficient to prove
DR. BELANDRES testified that CRUZ sustained stab this fact beyond reasonable doubt. When such intent is
lacking but wounds were inflicted, the crime is not
wounds and was treated as OUT-PATIENT. He did not
frustrated murder but physical injuries only.
personally treat CRUZ as the latter died at SAN LAZARO Evidence on record shows that Cruz was brought to Tondo
HOSPITAL. However, as per medical chart and diagnosis, Medical Center for medical treatment immediately after
CRUZ died of “TETANUS STAGE III” the stabbing incident. Right after receiving medical
treatment, Cruz was then released by the Tondo Medical
 RTC: VILLACORTA is guilty of MURDER Center as an out-patient. There was no other evidence to
 CA: affirmed the RTC establish that Cruz was incapacitated for labor and/or
 CLAIM/S: VILLACORTA claims that he could only required medical attendance for more than nine days.
Without such evidence, the offense is only slight physical
be liable for SLIGHT P/I
injuries.
ISSUE: We still appreciate treachery as an aggravating
WON VILLACORTA is merely liable for SLIGHT circumstance, it being sufficiently alleged in the
Information and proved during trial.
PHYSICAL INJURIES.
WHEREFORE, A new judgment is entered finding Villacorta
HELD: GUILTY beyond reasonable doubt of the crime of slight
YES, he is liable only for SLIGHT P/I because the physical injuries
proximate cause of the death is TETANUS INFECTION and
CRIMREV: 3RD WAVE 2
acc
ARTICLE 6 confined his feelings for her but she rejected it. It was
CHITO.
Baleros, Jr. vs. People MALOU did not saw the attacker but she was able
G.R. NO. 138033, February 22, 2006 to feel the shirt and the shorts, which are made of cotton
and silk, respectively
DOCTRINE: 2. SECURITY GUARD: testified that he saw CHITO
1. "the attempt which the Penal Code punishes is arrived at 1:30 AM wearing t-shirt, and black
that which has a logical connection to a adidas shorts. He requested to go to ROOM 306.
particular, concrete offense; that which is the He was not allowed to enter but later allowed even
beginning of the execution of the offense by overt without request letter from the tenant because he will be
acts of the perpetrator, leading directly to its soon a tenant the coming summer.
realization and consummation." (citing PEOPLE VS. 3. JOSEPH AFRICA was the one in ROOM 306 and
LAMAHANG) was awakened by the knock of CHITO. AFRICA
2. Overt or external act has been defined as was awakened again due to knock of BAPTISTA
some physical activity or deed, indicating the regarding what happened in the room of MALOU.
intention to commit a particular crime, more CHITO and AFRICA talked at 6-6:30AM and they went
than a mere planning or preparation, which if to ROOM 310. CHITO followed with his gray bag.
carried out to its complete termination following CIS arrived and invited CHITO and AFRICA in camp
its natural course, without being frustrated by crame.
external obstacles nor by the voluntary desistance 4. CHRISTIAN ALCALA testified that after his class on
of the perpetrator, will logically and necessarily DEC 13, the ROOM 310 occupants was asked by
ripen into a concrete offense the CIS to search for this that they do not own.
3. As aptly observed by then Justice Ramon C. They found the gray bag of CHITO which contains
Aquino, there is no need to allege malice, restraint shirt, black adidas short, handkerchief, 3 white
or compulsion in an information for unjust shirts, underwear and socks
vexation. As it were, unjust vexation exists even Upon chemical examination, the presence of
without the element of restraint or compulsion for CHLOROFORM which matches the blue colors in the
the reason that this term is broad enough to handkerchief, and things of MALOU,
include any human conduct which, although not
productive of some physical or material harm, WITNESSES of DEFENSE: the witnesses of the defense are
would unjustly annoy or irritate an innocent CHITO, fraternity members. Their version was CHITO came
person. to the party of their fraternity at GREENHILLS, SAN JUAN.
FACTS: He was fetched and returned by his fratmates at CELESTIAL
 ACCUSED: RENATO “CHITO” BALEROS, JR. BUILDING at 1:00 AM. ---same with SECURITY GUARD ---. He
 CHARGE: ATTEMPTED Rape of Martina Lourdes woke up at 6-6:30AM and he was already in uniform and
ALBANO (MALOU) asked AFRICA why he was not yet ready and the latter
WITNESSES OF PROSECUTION: answered that there was something that happened to
1. MALOU was a medical student of UST. She was MALOU last night and he just go to ROOM 310.
renting ROOM 307 in CELESTIAL MARIE BUILDING. THEY were not allowed to go out of the building
Early morning of DEC 13, she was awakened by a until he and AFRICA was brought to CAMP CRAME. The
smell of chemical on a piece of cloth pressed on her face bag was also taken to them but he was not asked if those
and somebody was pinning her down on the bed. Her right things belong to him.
hand got free and she grab the sex organ of the assailant  RTC – convicted BALEROS of ATTEMPTED RAPE
and squeezed it.  CA – affirmed the RTC
The man let go of her and she saw that the  Claim/s:
attacker fled from her room going to the left bedroom o OSG: The Solicitor General maintained
window. She also testified that she has a classmate who that petitioner, by pressing on Malou's
CRIMREV: 3RD WAVE 3
acc
face the piece of cloth soaked in
Lest it be misunderstood, the Court is not saying that
chemical while holding her body tightly petitioner is innocent, under the premises, of any
under the weight of his own, had wrongdoing whatsoever. The information filed against
commenced the performance of an act petitioner contained an allegation that he forcefully
covered the face of Malou with a piece of cloth soaked
indicative of an intent or attempt to rape
in chemical. And during the trial, Malou testified about the
the victim. It is argued that petitioner's pressing against her face of the chemical-soaked cloth
actuation thus described is an overt act and having struggled after petitioner held her tightly and
pinned her down. Verily, while the series of acts committed
contemplated under the law, for there
by the petitioner do not determine attempted rape, as
can not be any other logical conclusion earlier discussed, they constitute unjust vexation
other than that the petitioner intended to punishable as light coercion under the second paragraph
ravish Malou after he attempted to put of Article 287 of the Revised Penal Code.
In the context of the constitutional provision assuring an
her to an induced sleep. The Solicitor accused of a crime the right to be informed of the nature
General, echoing what the CA said, adds and cause of the accusation, it cannot be said that
that if petitioner's intention was otherwise, petitioner was kept in the dark of the inculpatory acts for
which he was proceeded against. To be sure, the
he would not have lain on top of the
information against petitioner contains sufficient details to
victim enable him to make his defense. As aptly observed by
ISSUE: then Justice Ramon C. Aquino, there is no need to allege
malice, restraint or compulsion in an information for unjust
WON BALEROS, JR. is guilty of ATTEMPTED RAPE.
vexation. As it were, unjust vexation exists even without the
element of restraint or compulsion for the reason that this
HELD: term is broad enough to include any human conduct
NO, he is not guilty of attempted rape but only of which, although not productive of some physical or
material harm, would unjustly annoy or irritate an innocent
UNJUST VEXATION because his over acts shows no intent to person.
commit the crime of rape.
ISSUE:
Expounding on the nature of an attempted felony, the
Court, speaking thru Justice Claro M. Recto in People vs. WON BALEROS, JR. is guilty of UNJUST VEXATION.
Lamahang, stated that "the attempt which the Penal
Code punishes is that which has a logical connection to a HELD:
particular, concrete offense; that which is the beginning
YES, he guilty of unjust vexation. Because “That
of the execution of the offense by overt acts of the
perpetrator, leading directly to its realization and Malou, after the incident in question, cried while relating
consummation." to her classmates what she perceived to be a sexual
Absent the unavoidable connection, like the logical and
attack and the fact that she filed a case for
natural relation of the cause and its effect, as where the
purpose of the offender in performing an act is not certain, attempted rape proved beyond cavil that she was
meaning the nature of the act in relation to its objective is disturbed, if not distressed by the acts of petitioner.”
ambiguous, then what obtains is an attempt to commit an
indeterminate offense, which is not a juridical fact from
the standpoint of the Penal Code. WHEREFORE, the assailed Decision of the Court of Appeals
affirming that of the Regional Trial Court of Manila, is
HERE, Harmonizing the above definition to the facts of this hereby REVERSED and SET ASIDE and a new one
case, it would be too strained to construe petitioner's act
entered ACQUITTING petitioner Renato D. Baleros, Jr. of
of pressing a chemical-soaked cloth in the mouth of Malou
which would induce her to sleep as an overt act that will the charge for attempted rape. Petitioner, however, is
logically and necessarily ripen into rape. adjudged GUILTY of light coercion and is accordingly
As it were, petitioner did not commence at all the
sentenced to 30 days of arresto menor and to pay a fine
performance of any act indicative of an intent or attempt
to rape Malou. It cannot be overemphasized that of P200.00, with the accessory penalties thereof and to
petitioner was fully clothed and that there was no attempt pay the costs.
on his part to undress Malou, let alone touch her private
part.
At bottom then, the appellate court indulges in plain
speculation, a practice disfavored under the rule on
evidence in criminal cases
CRIMREV: 3RD WAVE 4
acc
People vs. Labiaga  CA – upheld the conviction
G.R. No. 202867. July 15, 2013  CLAIM/s:

DOCTRINE: ISSUE:
1. FRUSTRATED FELONY vs ATTEMPTED FELONY WON LABIAGA is liable for FRUSTRATED MURDER.
In SERRANO vs PEOPLE 623 SCRA 322: HELD:
FRUSTRATED ATTEMPTED NO, he is not because the SC note, however, that
Offender performed all Offender merely appellant should be convicted of ATTEMPTED MURDER, and
the acts of execution commences the not frustrated murder of GREGORIO.
which should produce the commission of a felony Article 6 of the Revised Penal Code defines the stages
in the commission of felonies:
felony as a consequence directly by overt acts and Art. 6. Consummated, frustrated, and
does not perform all acts attempted felonies.—Consummated felonies as
of execution well as those which are frustrated and attempted,
are punishable.
REASON FOR THE NON-ACCOMPLISHMENT OF THE A felony is consummated when all the elements
CRIME is necessary for its execution and accomplishment
Some cause independent Cause or accident other are present; and it is frustrated when the offender
performs all the acts of execution which would
of the will of the than the offender’s own produce the felony as a consequence but which,
perpetrator spontaneous desistance. nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.
2. If the evidence fails to convince the court that There is an attempt when the offender
the wound sustained would have caused the commences the commission of a felony directly by
victim’s death without timely medical attention, overt acts, and does not perform all the acts of
the accused should be convicted of attempted execution which should produce the felony by
murder and not frustrated murder. reason of some cause or accident other than his
own spontaneous desistance.
FACTS:
See TABLE:
 ACCUSED: Regie LABIAGA and DEMAPANAG.
In frustrated murder, there must be evidence
 CHARGE: MURDER of JUDY Conde and showing that the wound would have been fatal were it not
FRUSTRATED MURDER of GREGORIO Conde. for timely medical intervention.
If the evidence fails to convince the court that the
wound sustained would have caused the victim’s death
FOR PROSECUTION: GREGORIO was with her 2 without timely medical attention, the accused should be
daughters, JUDY and GLENELYN in their house. GREGORIO convicted of attempted murder and not frustrated
murder.
stepped outside and he was shot by LABIAGA (5 meters
IN THE INSTANT CASE, it does not appear that the wound
away). He called JUDY for help but LABIAGA shot her in the sustained by Gregorio Conde was mortal.
abdomen. The two other companion of LABIAGA told him Since Gregorio’s gunshot wound was not mortal, we hold
that JUDY was already dead. THEY all fled. that appellant should be convicted of attempted murder
and not frustrated murder.
Upon arrival at the SARA DISTRICT HOSPITAL. JUDY was
pronounced dead on arrival and GREGORIO made full WHEREFORE, we AFFIRM the 18 October 2011 Decision
recovery after treatment of the Court of Appeals-Cebu in CA-G.R. CEB CR-HC No.
01000 with MODIFICATIONS. In Criminal Case No. 2002-
CAUSE OF DEATH of JUDY is CARDIOPULMUNARY ARREST
1777, we find that appellant Regie Labiaga is GUILTY of
due to gunshot wound. Attempted Murder and shall suffer an indeterminate
FOR THE DEFENSE: LABIAGA claims that he is merely sentence ranging from two (2) years, four (4) months and
one (1) day of prision correccional as minimum, to eight
acting in self-defense as GREGORIO challenged him to a
(8) years and one (1) day of prision mayor as maximum,
fight with a shotgun. GREGORIO tried to shoot him but the and pay P40,000.00 as moral damages and P30,000.00 as
gun jammed and when they wrestled, the gun fired. exemplary damages. In Criminal Case No. 2001-1555,
LABIAGA did not know if anyone was hit. appellant shall pay P75,000.00 as civil indemnity,
P50,000.00 as moral damages, and P30,000.00 as
 RTC – acquitted DEMAPANAG and found exemplary damages.
LABIAGA guilty of both charges (MURDER and
FRUSTRATED MURDER)
CRIMREV: 3RD WAVE 5
acc
People vs. Feliciano, Jr. According to Robert Michael Beltran Alvir, he had not
G.R. No. 196735. May 5, 2014 been feeling well since December 5, 1994. He said that he
could not have possibly been in U.P. on December 8, 1994
since he was absent even from work
DOCTRINE: According to Julius Victor Medalla, he and another
1. Once an express or implied conspiracy is proved, classmate, Michael Vibas, were working on a school
all of the conspirators are liable as co-principals project on December 8, 1994. He also claimed that he
regardless of the extent and character of their could not have participated in the rumble as he had an
respective active participation in the commission injury affecting his balance.
of the crime or crimes perpetrated in furtherance Christopher Soliva, on the other hand, testified that he
of the conspiracy because in contemplation of was eating lunch with his girlfriend and another friend in
law the act of one is the act of all. Jollibee, Philcoa, on December 8, 1994. They went back to
2. Verily, the moment it is established that the U.P. before 1:00 p.m. and went straight to their fraternity
malefactors conspired and confederated in the hang-out where he was told that there had been a rumble
commission of the felony proved, collective at the Main Library
liability of the accused conspirators attaches by  RTC - Robert Michael Alvir, Danilo Feliciano, Jr.,
reason of the conspiracy, and the court shall not Christopher Soliva, Julius Victor Medalla, and
speculate nor even investigate as to the actual Warren Zingapan were guilty beyond reasonable
degree of participation of each of the perpetrators doubt of murder and attempted murder
present at the scene of the crime  Court of Appeals, in a Special First Division of Five,
3. It is, therefore, immaterial to distinguish between affirmed the decision of the Regional Trial Court
the seriousness of the injuries suffered by the  In the decision of the trial court, all of the accused-
victims to determine the respective liabilities of appellants were found guilty of the murder of
their attackers. What is relevant is only as to Dennis Venturina and the attempted murder of
whether the death occurs as a result of that intent Mervin Natalicio, Cesar Mangrobang, Jr., Leandro
to kill and whether there are qualifying, Lachica, Arnel Fortes, and Cristobal Gaston, Jr.
aggravating or mitigating circumstances that can The appellate court, however, modified their
be appreciated. liabilities and found that the accused-appellants
were guilty of attempted murder only against
FACTS: Natalicio and Fortes, and not against
Mangrobang, Lachica, and Gaston.
 ACCUSED: SCINTILLA JURIS Frat Members
 It is the appellate court’s reasoning that because
 CHARGE: Murder of VENTURINA and ATTEMPTED Lachica and Mangrobang “were no longer
Murder of other SIGMA RHO FRATERNITY MEMBERS chased by the attackers,” it concluded that
It is undisputed that on December 8, 1994, at accused-appellants “voluntary desisted from
around 12:30 to 1:00 in the afternoon, seven (7) members pursuing them and from inflicting harm to them,
of the Sigma Rho Fraternity were eating lunch at the which shows that they did not have the intent to
Beach House Canteen, near the Main Library of the do more than to make them suffer pain by slightly
University of the Philippines, Diliman, when they were injuring them.” It also pointed out that the wound
attacked by several masked men carrying baseball bats inflicted on Gaston “was too shallow to have
and lead pipes. Some of them sustained injuries that been done with an intent to kill.” Thus, it
required hospitalization. One of them, Dennis Venturina, concluded that the accused-appellants would
died from his injuries. have been guilty only of slight physical injuries.
An information for murder was filed against
several members of the Scintilla Juris Fraternity ISSUE:
Separate informations were also filed against them for the
WON CA is correct in ruling that the crime
attempted murder of Sigma Rho Fraternity members (3 IN
TOTAL) and the frustrated murder of Sigma Rho Fraternity committed against FORTES and NATALICIO is ATTEMPTED
members (2 MEMBERS) MURDER, and against GASTON was SP/I and NONE for
LACHICA and MANGROBANG.
On December 12, 1994, Lachica, Natalicio, Mangrobang,
Fortes, and Gaston executed their respective affidavits
before the National Bureau of Investigation and HELD:
underwent medico-legal examinations NO, they are all liable for MURDER and ATTEMPTED
with their medico-legal officer, Dr. Aurelio Villena. MURDER because of conspiracy proven by the
According to Feliciana Feliciano, accused-appellant
Danilo Feliciano, Jr.’s mother, her son was in Pampanga to prosecution.
visit his sick grandfather at the time of the incident. She
alleged that her son went to Pampanga before lunch that This is erroneous.
day and visited the school where she teaches to get their
house key from her.
CRIMREV: 3RD WAVE 6
acc
It should be remembered that the trial court found Mangrobang, Jr., Leandro Lachica, Arnel Fortes, and
that there was conspiracy among the accused-appellants Cristobal Gaston, Jr.
and the appellate court sustained this finding.
Conspiracy, once proven, has the effect of attaching
liability to all ofthe accused, regardless of their degree of WHEREFORE, the decision of the Court of Appeals in C.A.-
participation G.R. CR No. 01158 dated November 26, 2010
is AFFIRMED insofar as the accused-appellants Danilo
Once an express or implied conspiracy is proved, all
Feliciano, Jr., Julius Victor Medalla, Christopher Soliva,
of the conspirators are liable as co-principals regardless of
the extent and character of their respective active Warren L. Zingapan, and Robert Michael Beltran Alvir are
participation in the commission of the crime or crimes found GUILTY beyond reasonable doubt of Murder in
perpetrated in furtherance of the conspiracy because in
Criminal Case No. Q95-61133 with the MODIFICATION that
contemplation of law the act of one is the act of all.
The foregoing rule is anchored on the sound principle they be found GUILTY beyond reasonable doubt of
that “when two or more persons unite to accomplish a Attempted Murder
criminal object, whether through the physical volition of
one, or all, proceeding severally or collectively, each
individual whose evil will actively contributes to the wrong-
doing is in law responsible for the whole, the same as
though performed by himself alone.” Although it is
axiomatic that no one is liable for acts other than his own,
“when two or more persons agree or conspire to commit
a crime, each is responsible for all the acts of the others,
done in furtherance of the agreement or conspiracy.”
Verily, the moment it is established that the
malefactors conspired and confederated in the
commission of the felony proved, collective liability of the
accused conspirators attaches by reason of the
conspiracy, and the court shall not speculate nor even
investigate as to the actual degree of participation of each
of the perpetrators present at the scene of the crime. x x x

The liabilities of the accused-appellants in this case

arose from a single incident wherein the accused-
appellants were armed with baseball bats and lead pipes,
all in agreement to do the highest amount of damage
possible to the victims. Some were able to run away and
take cover, but the others would fall prey at the hands of
their attackers. The intent to kill was already present at the
moment of attack and that intent was shared by all of the
accused-appellants alike when the presence of
conspiracy was proven
It is, therefore, immaterial to distinguish between the
seriousness of the injuries suffered by the victims to
determine the respective liabilities of their attackers. What
is relevant is only as to whether the death occurs as a result
of that intent to kill and whether there are qualifying,
aggravating or mitigating circumstances that can be
appreciated.
The appellate court, therefore, erred in finding the
accused-appellants guilty only of slight physical
injuries. It would be illogical to presume that despite the
swiftness and suddenness of the attack, the attackers
intended to kill only Venturina, Natalicio, and Fortes, and
only intended to injure Lachica, Mangrobang, and
Gaston. Since the intent to kill was evident from the
moment the accused-appellants took their first swing, all
of them were liable for that intent to kill.
For this reason, the accused-appellants should be
liable for the murder of Dennis Venturina and the
attempted murder of Mervin Natalicio, Cesar
Cruz vs. People
CRIMREV: 3RD WAVE 7
acc
G.R. No. 166441. October 8, 2014 scream or else she will be killed. She fought back and
kicked CRUZ twice. She went outside and tried to
DOCTRINE: awaken JESS but to no avail. She returned to the
1. Rape is consummated once the penis tend and she saw CRUZ touching BBB but when she
capable of consummating the sexual act
entered the tent CRUZ left.
touches the external genitalia of the female.
2. As the evolving case law on rape stands, CRUZ offered her money and told not to tell her
rape in its frustrated stage is a physical mother or else he will kill the mother.
impossibility, considering that the requisites of AAA and BBB narrated the incident to JESS. They
a frustrated felony under Article 6 of the also went to the municipal hall and told a policeman
Revised Penal Code (RPC) are that: (1) the regarding the sexual advances of CRUZ. CRUZ was
offender has performed all the acts of
summoned at the police station and his wife had an
execution which would produce the felony;
and (2) that the felony is not produced due argument with them
to causes independent of the perpetrator’s AAA and BBB was still able to work until end of
will. Obviously, the offender attains his DECEMBER and went back to PANGASINAN. They
purpose from the moment he has carnal returned to LA UNION where they executed their
knowledge of his victim
statements
3. In attempted rape, the concrete felony is
rape, but the offender does not perform all
the acts of execution of having carnal DEFENSE:
knowledge. CRUZ claims that it was impossible for him to
4. As a rule, preparatory acts are not commit the imputed acts because there were many
punishable under the Revised Penal Code people around preparing for simbang gabi. He
(RPC) for as long as they remained equivocal
believes that the reason for the complaints was
or of uncertain significance, because by their
equivocality no one could determine with solely for extortion of money.
certainty what the perpetrator’s intent really
was.  RTC – CRUZ is guilty of ATTEMPTED RAPE and
5. Acts of Lasciviousness; Attempted Rape; It is ACTS OF LASCIVIOUSNESS
obvious that the fundamental difference  CA – guilty of Attempted Rape but acquitted
between attempted rape and acts of
for Acts of Lasciviousness
lasciviousness is the offender’s intent to lie
with the female. ISSUE:
WON the petitioner’s climbing on top of the
FACTS: undressed AAA such that they faced each other,
 ACCUSED: Norberto CRUZ y BARTOLOME with him mashing her breasts and touching her
 CHARGE: Attempted Rape of a 15 yr old girl genitalia with his hands, constituted attempted
and Acts of Lasciviousness of another minor. rape.
PROSECUTION:
CRUZ and his wife were engage in business of HELD:
selling PLASTIC and GLASS WARES. They employed NO, such overt acts does not show any intent
AAA and BBB to sell their wares in LA UNION during a to lie with AAA. As such CRUZ is liable only for acts of
fiesta. CRUZ, HIS WIFE, AAA, BBB, RODRIGUEZ and lasciviousness
In People v. Lamahang, the Court, speaking
JESS used a passenger jeepney in going to LA
through the eminent Justice Claro M. Recto,
UNION. The wife and RODRIGUEZ went back to eruditely expounded on what overt acts would
MANILA to get more goods after they unloaded and constitute an attempted felony, to wit:
set-up tents.  It is our opinion that the attempt to commit
The alleged ATTEMPTED RAPE happened when an offense which the Penal Code punishes is
AAA was awakened when she felt that somebody that which has a logical relation to a
particular, concrete offense; that, which is
was on top of her and mashing her breast and
the beginning of the execution of the offense
touching her private parts. He was threatened not to by overt acts of the perpetrator, leading
CRIMREV: 3RD WAVE 8
acc
directly to its realization and consummation. because from that moment all the essential
The attempt to commit an indeterminate elements of the offense have been accomplished,
offense, inasmuch as its nature in relation to
leaving nothing more to be done by him.
its objective is ambiguous, is not a juridical
In attempted rape, therefore, the concrete
fact from the standpoint of the Penal Code.
felony is rape, but the offender does not perform all
 “It must be borne in mind (Groizard I, p. 99)
the acts of execution of having carnal knowledge. If
that in offenses not consummated, as the
the slightest penetration of the female genitalia
material damage is wanting, the nature of
consummates rape, and rape in its attempted stage
the action intended (accion fin) cannot
requires the commencement of the commission of
exactly be ascertained, but the same must
the felony directly by overt acts without the offender
be inferred from the nature of the acts of
performing all the acts of execution that should
execution (accion medio). Hence, the
produce the felony, the only means by which the
necessity that these acts be such that by
overt acts performed by the accused can be shown
their very nature, by the facts to which they
to have a causal relation to rape as the intended
are related, by the circumstances of the
crime is to make a clear showing of his intent to lie
persons performing the same, and by the
with the female.
things connected therewith, they must show
He cannot be held liable for attempted rape
without any doubt, that they are aimed at
without such overt acts demonstrating the intent to
the consummation of a crime. Acts
lie with the female. In short, the State, to establish
susceptible of double interpretation, that is,
attempted rape, must show that his overt acts,
in favor as well as against the culprit, and
should his criminal intent be carried to its complete
which show an innocent as well as a
termination without being thwarted by extraneous
punishable act, must not and cannot furnish
matters, would ripen into rape
grounds by themselves for attempted or
frustrated crimes. The relation existing
between the facts submitted for HERE, The petitioner climbed on top of the naked
appreciation and the offense of which said victim, and was already touching her genitalia with
facts are supposed to produce must be his hands and mashing her breasts when she freed
direct; the intention must be ascertained herself from his clutches and effectively ended his
from the facts and therefore it is necessary, in designs on her. Yet, inferring from such
order to avoid regrettable instance of circumstances that rape, and no other, was his
injustice, that the mind be able to directly intended felony would be highly unwarranted
infer from them the intention of the This was so, despite his lust for and lewd designs
perpetrator to cause a particular injury. This towards her being fully manifest. Such circumstances
must have been the intention of the legislator remained equivocal, or “susceptible of double
in requiring that in order for an attempt to interpretation,” as Justice Recto put in People v.
exist, the offender must commence the Lamahang, supra, such that it was not permissible to
commission of the felony directly by overt directly infer from them the intention to cause rape
acts, that is to say, that the acts performed as the particular injury.
must be such that, without the intent to Verily, his felony would not exclusively be rape
commit an offense, they would be had he been allowed by her to continue, and to
meaningless.” have sexual congress with her, for some other felony
like simple seduction (if he should employ deceit to
have her yield to him) could also be ultimate felony.
As the evolving case law on rape stands,
therefore, rape in its frustrated stage is a physical We clarify that the direct overt acts of the
impossibility, considering that the requisites of a petitioner that would have produced attempted
frustrated felony under Article 6 of the Revised Penal rape did not include equivocal preparatory acts.
Code are that: (1) the offender has performed all The former would have related to his acts directly
connected to rape as the intended crime, but the
the acts of execution which would produce the
latter, whether external or internal, had no
felony; and (2) that the felony is not produced due connection with rape as the intended crime.
to causes independent of the perpetrator’s will. Perforce, his perpetration of the preparatory acts
Obviously, the offender attains his purpose from the would not render him guilty of an attempt to commit
moment he has carnal knowledge of his victim, such felony.27 His preparatory acts could include his
putting up of the separate tents, with one being for
CRIMREV: 3RD WAVE 9
acc
the use of AAA and BBB, and the other for himself
and his assistant, and his allowing his wife to leave for
Manila earlier that evening to buy more wares. Such
acts, being equivocal, had no direct connection to
rape. As a rule, preparatory acts are not punishable
under the Revised Penal Code for as long as they
remained equivocal or of uncertain significance,
because by their equivocality no one could
determine with certainty what the perpetrator’s
intent really was.

 If the acts of the petitioner did not constitute

attempted rape, did they constitute acts of
lasciviousness?
It is obvious that the fundamental difference
between attempted rape and acts of lasciviousness
is the offender’s intent to lie with the female. In rape,
intent to lie with the female is indispensable, but this
element is not required in acts of lasciviousness.
Attempted rape is committed, therefore, when
the “touching” of the vagina by the penis is coupled
with the intent to penetrate. The intent to penetrate
is manifest only through the showing of the penis
capable of consummating the sexual act touching
the external genitalia of the female
Without such showing, only the felony of acts of
lasciviousness is committed. The information
charged that the petitioner “remove[d] her panty
and underwear and la[id] on top of said AAA
embracing and touching her vagina and breast.”
With such allegation of the information being
competently and satisfactorily proven beyond a
reasonable doubt, he was guilty only of acts of
lasciviousness, not attempted rape. His embracing
her and touching her vagina and breasts did not
directly manifest his intent to lie with her. The lack of
evidence showing his erectile penis being in the
position to penetrate her when he was on top of her
deterred any inference about his intent to lie with
her.

WHEREFORE, the Court FINDS and PRONOUNCES

petitioner NORBERTO CRUZ y BARTOLOME guilty
of ACTS OF LASCIVIOUSNESS, and, ACCORDINGLY,
PENALIZES him with the indeterminate sentence of
three (3) months of arresto mayor, as the minimum,
to two (2) years, four (4) months and one day
of prisión correccional, as the
maximum; ORDERS him to pay moral damages of
P30,000.00 and civil indemnity of P20,000.00 to the
complainant, with interest of 6% per annum on such
awards reckoned from the finality of this decision
until full payment; and DIRECTS him to pay the costs
of suit.
CRIMREV: 3RD WAVE 10
acc
People vs. Lamahang It is our opinion that the attempt to commit an offense
No. 43530. August 3, 1935 which the Penal Code punishes is that which has a logical
relation to a particular, concrete offense; that, which is the
DOCTRINE: beginning of the execution of the offense by overt acts of
1. The attempt which the Penal Code punishes is the perpetrator, leading directly to its realization and
that which has a logical relation to a particular,
concrete offense; that, which is the beginning of consummation. The attempt to commit an indeterminate
the execution thereof by overt acts of the offense, inasmuch as its nature in relation to its objective is
perpetrator leading directly to its realization and ambiguous, is not a juridical fact from the standpoint of the
consummation. The attempt to commit an
Penal Code.
indeterminate offense, inasmuch as its nature in
relation to its objective is ambiguous, is not a
juridical fact from the standpoint of the Penal HERE, it was the intention of the accused to enter Tan Yu's
Code. store by means of violence, passing through the opening
2. It is not sufficient, for the purpose of imposing which he had started to make on the wall, in order to
penal sanction, that an act objectively performed commit an offense which, due to the timely arrival of
should constitute a mere beginning of execution; policeman Tomambing, did not develop beyond the first
it is necessary to establish its unavoidable relation, steps of its execution.
like the logical and natural relation of the cause
and its effect, to the deed which, upon its But it is not sufficient, for the purpose of imposing penal
consummation, will ripen into one of the crimes sanction, that an act objectively performed constitute a
defined and punished by the Code; it is necessary mere beginning of execution; it is necessary to establish its
to prove that such beginning of execution, if unavoidable connection, like the logical and natural
carried to its complete termination following its relation of the cause and its effect, with the deed which,
natural course, without being frustrated by upon its consummation, will develop into one of the
external obstacles nor by the voluntary desistance offenses defined and punished by the Code; it is necessary
of the perpetrator, will logically and necessarily to prove that said beginning of execution, if carried to its
ripen into a concrete offense. complete termination following 'its natural course, without
3. In order that a simple act of entering by means of being frustrated by external obstacles nor by the voluntary
force or violence another person's dwelling may desistance of the perpetrator, will logically and necessarily
be considered as attempted robbery, it must be ripen into a concrete offense.
shown that the offender clearly intended to take
possession, for the purpose of gain, of some
Thus, in case of robbery, in order that the simple act of
personal property belonging to another
entering by means of force or violence another person's
dwelling may be considered an attempt to commit this
FACTS:
At early dawn on March 2, 1935, policeman Jose offense, it must be shown that the offender clearly
Tomambing, who was patrolling his beat on Delgado and intended to take possession, for the purpose of gain, of
C. R. Fuentes streets of the City of Iloilo, caught the some personal property belonging to another.
accused in the act of making an opening with an iron bar HERE, there is nothing in the record from which such
on the wall of a store of cheap goods located on the last purpose of the accused may reasonably be inferred. From
named street. At that time the owner of the store, Tan Yu, the fact established and stated in the decision, that the
was sleeping inside with another Chinaman. accused on the day in question was making an opening
The accused had only succeeded in breaking one board by means of an iron bar on the wall of Tan Yu's store, it may
and in unfastening another from the wall, when the only be inferred as a logical conclusion that his evident
policeman showed up, who instantly arrested him and intention was to enter by means of force said store against
placed him under custody. the will of its owner. That his final objective, once he
succeeded in entering the store, was to rob, to cause
FISCAL, TRIAL JUDGE and SOLGEN – considered the act as physical injury to the inmates, or to commit any other
offense, there is nothing in the record to justify a concrete
ATTEMPTED ROBBERY.
finding.

ISSUE: "It must be borne in mind (I Groizard, p. 99) that in offenses

not consummated, as the material damage is wanting,
WON there is an ATTEMPTED ROBBERY.
the nature of the action intended (acción fin) cannot
exactly be ascertained, but the same must be inferred
HELD: from the nature of the acts executed (acción medio).
NO, there is no ATTEMPTED ROBBERY because Hence, the necessity that these acts be such that by their
very nature, by the facts to which they are related, by the
CRIMREV: 3RD WAVE 11
acc
circumstances of the persons performing the same, and
by the things connected therewith, they must show
without any doubt, that they are aimed at the
consummation of a crime.
Acts susceptible of double interpretation, that is,
in favor as well as against the culprit, and which show an
innocent as well as a punishable act, must not and can
not furnish grounds by themselves for attempted nor
frustrated crimes.
Viada (Vol. I, p. 47) holds the same opinion when
he says that "the overt acts leading to the commission of
the offense, are not punishable except when they are
aimed directly to its execution, and therefore they must
have an immediate and necessary relation to the offense."
"Considering—says the Supreme Court of Spain in
its decision of March 21, 1892—that in order to declare that
such and such overt acts constitute an attempted offense
it is necessary that their objective be known and
established, or that said acts be of such nature that they
themselves should obviously disclose the criminal
objective necessarily intended, said objective and finality
to serve as ground for the designation of the offense”

In view of the foregoing, we are of the opinion,

and so hold that the fact under consideration does not
constitute attempted robbery but attempted trespass to
dwelling

Wherefore, the sentence appealed from is revoked and

the accused is hereby held guilty of attempted trespass to
dwelling, committed by means of force, with the aforesaid
aggravating and mitigating circumstances and
sentenced to three months and one day of arresto
mayor, with the accessory penalties thereof and to pay
the costs.
CRIMREV: 3RD WAVE 12
acc
People vs. Quiñanola her two friends. Quiñanola replied that he had ordered
G.R. No. 126148. May 5, 1999 them to go home. Catalina begged that she herself be
allowed to leave. Pretending to agree, they walked the
path towards the road behind the school.
DOCTRINE: Then, unsuspectingly, Quiñanola forced Catalina to sit
1. While the evidence may not show full penetration on the ground. She resisted but Quiñanola, pointing his gun
on both occasions of rape, the slightest at her, warned her that if she would not accede to what
penetration is enough to consummate the he wanted, he would kill her. Catalina started to cry.
offense. Quiñanola told Escuadro to remove her denim pants.
2. The fact that the hymen was intact upon Catalina struggled to free herself from Escuadro’s hold but
examination does not belie rape for a broken to no avail. Escuadro ultimately succeeded in undressing
hymen is not an essential element of rape nor her.
does the fact that the victim has remained a virgin Quiñanola unzipped his pants and laid on top of her
negate the crime while Escuadro held her legs. Quiñanola “started to pump,
3. It is unbelievable that a young barrio lass would to push and pull”5 even as Catalina still tried desperately
concoct a tale of defloration, publicly admit to free herself from him. She felt his organ “on the lips of
having been ravished and her honor tainted, (her) genitalia.”6 When Quiñanola had satisfied his lust,
allow the examination of her private parts, and Escuadro took his turn by placing himself on top of
undergo all the trouble and inconvenience, not to Catalina. Catalina could feel the sex organ of Escuadro
mention the trauma and scandal of a public trial, “on the lips of (her) vulva”7 while he made a push and pull
had she not in fact been raped and truly moved movement. Quiñanola, who stood by, kept on smoking a
to protect and preserve her honor, as well as to cigarette.
obtain justice, for the wicked acts committed Escuadro and Quiñanola scampered immediately
against her. after Catalina’s ordeal. Failing to find her pair of pants and
panty, Catalina was left wearing only her T-shirt and
FACTS: brassieres. Catalina just then sat down, not knowing what
to do, until she finally started to run home fearing that she
 ACCUSED: Agapito QUIÑANOLA and Eduardo
might be followed.
ESCUADRO Baffled by Catalina’s strange behavior, her mother
 CHARGE: FRUSTRATED RAPE of Catalina and her elder sister took turns in interrogating her. Catalina
finally said that she was raped but she would not reveal
CARCILLER [using PEOPLE VS ERIÑIA] (10 years
the names of the persons who had committed the
after SC pronounced that there is no ATTEMPTED dastardly act because of their threat.
RAPE in PEOPLE vs. ORITA) Guillermo Zozobrado learned from his wife, Catalina’s
The story of prosecution was: sister, that Catalina had been raped. He promptly
Catalina Carciller, her cousin 15-year-oldGinto and repaired to the municipal hall of Dumanjug to report the
another male companion named Diaz, went to attend a crime. Policemen were immediately dispatched to the
dance at around ten o’clock in the evening of 05 March Carcillers’ residence. Still in a state of shock, Catalina
1994 initially kept mum about it; later, when the police officers
Catalina, born on 09 November 1978,4 was just then returned at daytime, she was able to respond to questions
fifteen (15) years and four (4) months old. She was a and to disclose that “Petoy,” referring to Agapito
student at the Bito-on National Vocational School at Quiñanola, and “Botiquil,” the other accused Eduardo
Dumanjug, Cebu. Escuadro, were the persons who ravished her.
About an hour later, they left the party and were soon Dr. Tomas P. Refe, medico-legal officer of the National
on their way home. The three unsuspecting youngsters Bureau of Investigation (“NBI”) who conducted the
stopped momentarily to rest at a waiting shed beside the physical examination of Catalina showed that there was
Tangil Elementary School. Accused Agapito Quiñanola “no evidence of extragenital physical injury noted on the
a.k.a. “Petoy,” and accused Eduardo Escuadro a.k.a. body of the Subject.” The report concluded that the
“Botiquil” who were both armed with guns suddenly turned hymenal orifice, about 1.8 cms. in diameter, was “so small
up. as to preclude complete penetration of an average-size
Quiñanola instructed Escuadro to take care of the adult penis in erection without producing laceration.”
male companions of Catalina while he (Quiñanola) held
the latter at gunpoint. Accused Agapito Quiñanola, a member of the
Escuadro brought Diaz and Ginto outside the waiting Philippine National Police stationed at Naga, Cebu,
shed area. He ordered the duo to lie face down on the testified that it was his day-off, he and his wife, Leticia, who
ground and then urinated at them. While Escuadro was had just arrived in Naga from Cebu City to attend to the
fixing the zipper of his pants, Diaz and Ginto were able to construction of their unfinished house.
escape and ran away. Quiñanola helped Vidal Lañojan and Nicasio Arnaiz in
Meanwhile, Quiñanola, with his gun pointed at cementing the kitchen floor of their house. The work was
Catalina, forcibly brought her towards the nearby school. finished at around 11:00 o’clock in the evening. After Vidal
When Escuadro again showed up, Catalina asked about
CRIMREV: 3RD WAVE 13
acc
and Nicasio had gone home, Quiñanola went to bed with The accused may be convicted on the
his wife around midnight until the following morning sole basis of complainant’s testimony if credible
He denied having been in the company of his co- and the findings of the medico-legal officer do
accused, Escuadro a.k.a. “Botiquil,” at any time during the not disprove the commission of rape.
whole day and night There are no half measures or even
According to him, Guillermo Zozobrado, Catalina’s quarter measures nor is their gravity graduated by
brother-in-law, concocted the rape charge to get even the inches of entry. Partial penile penetration is as
with him because of an incident at a fiesta dance when serious as full penetration. The rape is deemed
George Camaso, the husband of his sister Jinga, got into consummated in either case in a manner of
trouble with Samuel Escuadro. Leticia Quiñanola, the wife speaking, bombardment of the drawbridge is
of accused Agapito Quiñanola, corroborate his testimony. invasion enough even if the troops do not
Accused Eduardo Escuadro a.k.a. “Botiquil” declared succeed in entering the castle.”
that at about seven o’clock in the evening, he and Pablito
Cuizon, Jr., went fishing until about ten o’clock that
evening. After partaking of supper at around 11:30 p.m., The trial court, in convicting appellants only of
they had a drinking spree and went to bed at 12:00 frustrated rape, ruled that there was no “conclusive
midnight waking up at 6:30 a.m. the following day. evidence of penetration of the genital organ of the
He denied having been in the company of Quiñanola
offended party” in that (a) Catalina had admitted that she
and insisted that the rape charge had been the result of a
mere mistaken identity. did not spread her legs and (b) the medico-legal officer’s
findings showed she did not sustain any extragenital injuries
 RTC – convicted QUIÑANOLA of frustrated rape. and her hymenal orifice was so small that an erect
 Appeal to SC. average-size penis would not have completely
 CLAIM/S: penetrated it without causing laceration.
Let it be said once again that, as the Revised
ISSUE:
Penal Code presently so stands, there is no such crime as
WON QUIÑANOLA and co-accused was liable for frustrated rape. In People vs. Orita, “Clearly, in the crime of
FRUSTRATED RAPE. rape, from the moment the offender has carnal
HELD: knowledge of his victim, he actually attains his purpose
and, from that moment also all the essential elements of
NO, they are not liable of FRUSTRATED RAPE but the offense have been accomplished. Nothing more is left
CONSUMMATED RAPE because slight penetration of the to be done by the offender, because he has performed
vagina constitute the crime of rape (thus, there is no the last act necessary to produce the crime. Thus, the
felony is consummated.
FRUSTRATED RAPE) and proof that there is no laceration of Any penetration of the female organ by the male
the vagina does not negate the crime. organ is sufficient. Entry of the labia or lips of the female
In the context it is used in the Revised Penal Code, organ, without rupture of the hymen or laceration of the
“carnal knowledge,” unlike its ordinary connotation of vagina is sufficient to warrant conviction. Necessarily, rape
sexual intercourse, does not necessarily require that the is attempted if there is no penetration of the female organ
vagina be penetrated or that the hymen be ruptured. because not all acts of execution was performed. The
The crime of rape is deemed consummated even offender merely commenced the commission of a felony
when the man’s penis merely enters the labia or lips of the directly by overt acts.
female organ or, as once so said in a case, by the “mere Each appellant is liable for two counts of
touching of the external genitalia by a penis capable of consummated rape on account of a clear conspiracy
consummating the sexual act.” between them shown by their obvious concerted efforts to
In People vs. Escober, in convicting a father of perpetrate, one after the other, the crime. Each of them,
having raped twice his 11-year-old daughter, the Court therefore, is responsible not only for the rape committed
has said: personally by him but also for the rape committed by the
“While the evidence may not show full other as well.
penetration on both occasions of rape, the
slightest penetration is enough to consummate WHEREFORE, appellants Agapito Quiñanola y
the offense. In fact, there was vulva penetration in Escuadro and Eduardo Escuadro y Floro are each found
both cases. The fact that the hymen was intact guilty beyond reasonable doubt of two (2) counts of
upon examination does not belie rape for a consummated rape and accordingly, sentenced to the
broken hymen is not an essential element of rape penalty of reclusion perpetua in each case. Said
nor does the fact that the victim has remained a appellants are ordered to pay jointly and severally
virgin negate the crime. What is fundamental is Catalina Carciller the sum of P100,000.00 by way of
that the entrance or at least the introduction of indemnity ex delictu for the two counts of consummated
the male organ into the labia of the pudendum is rape plus P60,000.00 moral damages. Costs against
proved. appellants.
CRIMREV: 3RD WAVE 14
acc

DOCTRINE:

FACTS:

ISSUE:

HELD: