Criminal Law I

First Semester, First Year AY 2009-2010

ARTICLE 6 and 7 Consummated, Frustrated and Attempted
FeloniesBALEROS, JR. VS. PEOPLE 483 SCRA 10Parties Involved
Renato Chito Baleros, Jr. as petitionerPeople as respondent
Facts
Early morning of Dec. 13, 1991, Malou was awakened by a smell of chemical on apiece
of cloth pressed on her face. She struggled to break free but his attacker waspinning her
down, holding her tightly. When her right hand finally got free, shegrabbed and
squeezed the sex organ of his attacker. The man let her go, enablingMarilou to seek
help from her maid and classmates living nearby.An investigation was conducted in
which the evidences pointed to Chito as theattacker. The RTC thus found Chito guilty for
attempted rape and ordered him tosuffer an indeterminate sentence (from prision
correccional as minimum to prisionmayor as maximum) and to pay Malou PHP
50,000.Chito made an appeal to the CA only to be denied. He moved for a
reconsiderationbut to no avail. He thus made an appeal to the SC arguing that:
1.
There was not enough evidence to find him guilty of the crime2.Prosecution
failed to satisfy all requisites for conviction
3.
Circumstances relied on to convict him were unreliable, inconclusive
andcontradictory.4.There was no motive.5.The awarding of damages to
complainant was improper and unjustified.6.In failing to appreciate in his
favour the constitutional presumption of innocence and that moral certainty has
not been met, he should be acquittedon the basis that the offense charged has not
been proved beyondreasonable doubt.
Issues
1.
Whether the evidence adduced by prosecution has established beyondreasonable
doubt the guilt of the petitioner for the crime of attempted rape2.Whether or not the
CA erred in affirming the ruling of the RTC findingpetitioner guilty beyond
reasonable doubt of the crime of attempted rape
Held
1.
No. The courts decision was merely based on speculations.
2.
Yes. SC reversed and modifies the decision of the CA, acquitting
Chito of attempted rape. He is adjudged guilty of light coercion and is ordered toserve
30 days of arresto mayor and pay PHP 200.
Doctrine/Ratio
Art. 335 of the RPC, rape is committed by a man who has carnal knowledge
orintercourse with a woman under any of the following circumstances:1.By using
force or intimidation2.When woman is deprived of reason or otherwise
unconscious3.When woman is under 12 years of age or dementedArt. 6 of the
RPC defines attempted rape when offender commences the commissionof rape directly
by overt acts and does not perform all the acts of execution whichshould produce the
crime of rape by reason of some cause or accident other thanhis own spontaneous
desistance. The attempt which RPC punishes is the act that has
logical connection to the crimethat should it have been successful, the attempt
would lead to the consummation of rape. However, there was no carnal knowledge in
the case. The pressing of achemical-soaked cloth while on top of Malou did not
necessarily constitute an overtact of rape. Moreover, the petitioner did not commence
any act that was indicativeof an intent to rape Malou. The petitioner was fully clothed;
there was no attempt toneither undress her nor touch her private part.In the crime of
rape, penetration is an essential requisite. Therefore for anattempted rape, accused
must have commenced the act of penetrating but forsome cause or accident other
than his own spontaneous desistance, the penetrationwas not completed. Thus
petitioners act of lying on top of her, embracing and kissing her or touching her private
part do not constitute rape or attempted rape.