LCP

SUBJECT: CRIM 1
TOPIC: Attempted stage

RENATO BALEROS, JR., Petitioner,

vs.
PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 138033 February 22, 2006

FACTS
In early morning of December 1991, Renato Baleros went to the dormitory room of Martina Lourdes T. Albano
(Malou), placed himself on top of her, and pressed a handkerchief soaked in chloroform. Malou struggled to free
herself in the hands of Baleros and succeeded by grabbing his sexual organ and squeezing it.

The morning after, the police said to the tenants of the dormitory to grab the things that are theirs. The room was
left with an unclaimed bag which Christian, one of the tenants, knew right away that was Renato’s. Among the
contents of the bag was a handkerchief with a volatile substance (Chloroform).

They later found out that Renato was a suitor of Malou which she rejected a week ago.

The petitoner was convicted of attempted rape by the RTC. Aggrieved, petitioner went to the CA whereat his
appellate recourse was docketed.
Petitioner moved for reconsideration, but his motion was denied by the CA. Petitioner is now with this Court, on
the contention that the CA erred –
1. In not finding that it is improbable for petitioner to have committed the attempted rape imputed to him, absent
sufficient, competent and convincing evidence to prove the offense charged.
2. In convicting petitioner of attempted rape on the basis merely of circumstantial evidence since the prosecution
failed to satisfy all the requisites for conviction based thereon.
3. In not finding that the circumstances it relied on to convict the petitioner are unreliable, inconclusive and
contradictory.
4. In not finding that proof of motive is miserably wanting in his case

ISSUE
WON Renato (Petitioner) is guilty of attempted rape.

LAGAHIT, JASON PATRICK T. 1

(CRIM 1)
 LCP

RULING

NO. According to Art 335 of the Revised penal code, Penetration is an important requirement in the crime of rape.
Therefore, for an attempted rape, the accused must have begun the act of penetration, but the penetration was
not completed for any cause or accident other than his own spontaneous desistance. Thus the act of lying on top
of her by the petitioner, embracing her and kissing her or touching her personal portion does not represent rape or
attempted rape. In this case, Assailed decision was reserved and set aside and a new one entered acquitting
petitioner Renato D. Baleros, Jr. of the charge for attempted rape. Petitioner, however, is adjudged GUILTY of light
coercion and is accordingly sentenced to 30 days of arresto menor and to pay a fine of P200.00, with the accessory
penalties thereof and to pay the costs.

LAGAHIT, JASON PATRICK T. 2

(CRIM 1)