People

vs. Erina

Facts:

The victim was a 3 years and 11 months old child and there was
conclusive evidence that the accused wanted to have carnal knowledge with her.
The Court of First Instance of Manila has found the accused guilty of
consummated rape.

Issue:

Whether or not accused is guilty of consummated rape.

Held:

NO. There was no question of the intention of the accused; the only
contention is whether he penetrated the victims organ. The physician who
examined the child found a slight inflammation of the organ, indicating that an
effort was made to penetrate the organ but, expressed his doubts as to the
commencement of the penetration. There being no conclusive evidence of
penetration of the genital organ of the offended party, the defendant is entitled
to the benefit of the doubt and can only be found guilty of frustrated rape but,
seeing as the accused was a guest in the house of the parents of the offended
party, the aggravating circumstance of abuse of confidence existed, therefore,
penalty must be imposed in its maximum degree. Judgment appealed from is
MODIFIED and the defendant-appelant is hereby found guilty of frustrated rape
and is sentenced to suffer 12 years of prision mayor. SO ORDERED.