PEOPLE V. G.R. NOS.

136592-93 WON Pancho CONSUMATED RAPE

PANCHO NOVEMBER 27, 2003 Accused Manolito Pancho committed rape and
JUSTICE SANDOVAL- attempted rape
GUTIERREZ Case 1)Rape, and 2)Attempted Rape despite insufficient As alleged in the Informations, the crimes charged were committed sometime in August, 1994 and December, 1995. Thus, the
evidence governing law is Article 335 of the Revised Penal Code which, as amended by Republic Act No. 7659 (The Death Penalty Law),
Court RTC provides:
Date of August 1994 and December 1995
incident "ART. 335. When and how rape is committed. — Rape is committed by having carnal knowledge of a woman under any of the
Place of Municipality of Malolos, province of Bulacan following circumstances:chanrob1es virtual 1aw library
incident
1. By using force or intimidation;
What happened?
Michelle Dela Torre was 10 year old when the she was first Look, Malolos, Bulacan 2. When the woman is deprived of reason or otherwise unconscious; and
raped by her stepfather. It was 6 in the morning when she
went home. Then, while she was undressing, Pancho 3. When the woman is under twelve years of age or is demented.
dragged and forcibly made her lie on the floor. Michelle
struggled by kicking and boxing Pancho. Pancho took of "The crime of rape shall be punished by reclusion perpetua.
Michelle’s clothes first and then his. He then kissed and
touched both of Michelle’s breast and insert his private x x x
organ to hers which bled. Michelle resisted but Pancho
held her both arms. It lasted for four minutes afterwards he
made a threat on killing her if she tells anyone about the "The death penalty shall also be imposed if the crime or rape is committed with any of the following attendant
incident. circumstances:chanrob1es virtual 1aw library

A year after, Pancho attempted to rape her. Scared Bayugo, Meycauayan, Bulacan 1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by
Michelle hit Pancho upon approaching her, she attempted consanguinity or affinity within the third civil degree or the common-law spouse of the parent of the victim.chanrob1es virtua1 1aw
to jump out the window but Pancho caught her feet. 1ibrary
Luckily, Michelle’s uncle (Toni) arrived.
2. . . .."library
Michelle told her mother and then her grandmother about
the incident. They went for an examination (there was A. — G.R. No. 136592 for rape:chanrob1es virtual 1aw library
complete penetration but without any genital injury) and
reported to the Police. Rape under the above provisions is either simple or qualified. It is qualified when the age of the victim (below 18) and her
relationship with the appellant are both alleged in the Information and proved. In this case, the prosecution failed to allege in the
Information the qualifying circumstance that appellant is the victim’s step-parent. Thus, he may only be convicted of simple rape.
Pancho’s contention:it was impossible for him to commit the crimes considering that during the incidents, his wife and her
two sons were also inside the house. Simple rape is committed under any of the following circumstances:chanrob1es virtual 1aw library

Lower court penalty 1. By using force or intimidation;

Rape Attempted Rape
Reclusion perpetua 10 years and 1 day to 12 years. 2. When the woman is deprived of reason or otherwise unconscious; and

3. When the woman is under twelve years of age (statutory rape) or is demented.

In the Information, appellant is being charged of statutory rape considering that Michelle was then below 12 years old.

The gravamen of the offense of statutory rape is carnal knowledge of a woman below twelve (12) years old. In statutory rape,
force, intimidation or physical evidence of injury is immaterial. Where the girl is below 12 years of age, violence or intimidation is
not required, and the only subject of inquiry is whether carnal knowledge took place.

We have ruled that in rape cases the absence of fresh lacerations does not preclude the finding of rape, especially when the
victim is of tender age. Moreover, laceration of the hymen is not an element of the crime of rape. Hymenal rupture or any
indication of vaginal laceration or genital injury is not necessary for the consummation of rape. Its absence does not negate a
finding of forced sexual coitus. For the rule is well settled that rape is consummated by the slightest penile penetration of the
labia majora or pudendum of the female organ. Indeed, the evidentiary weight of the medical examination of the victim, as well as
the medical certificate, is merely corroborative in character and is not an indispensable element for conviction for rape.

ATTEMPTED RAPE:
Under Art. 6, in relation to Art. 335, of the Revised Penal Code, rape is attempted when the offender commences the commission
of rape directly by overt acts, but 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.
In this second case, the prosecution failed to prove that appellant started to rape the victim and had commenced the performance
of acts of carnal knowledge. He did not force her to lie down or remove her garment. In short, there was no showing that he did
commence at all the performance of any act indicative of an intent or attempt to rape the victim. What he did was to "drag" her
and hold her feet. At this juncture, we can not safely conclude that he was attempting to rape her.

In People v. Campuhan, we held that the thin line that separates attempted rape from consummated rape is the entrance of the
male organ into the labial threshold of the female genitalia. In that case, the accused was caught by the mother of the victim
kneeling on top of her. The victim testified that the accused’s organ merely touched but did not penetrate her vagina. We held
that he could not be convicted of statutory rape but only attempted rape.

In the instant case, appellant was merely holding complainant’s feet when her Tito Onio arrived at the alleged locus criminis.
Thus, it would be stretching to the extreme our credulity if we were to conclude that mere holding of the feet is attempted rape.