The

People of the Philippine Islands (plaintiff) vs. Julian Issue:

Erina Y Vinolla (defendant)
W/N the defendant is guilty of consummated rape or merely
Facts: frustrated rape
The victim of the crime was a child of 3 years and 11
Held:
months. The evidence is conclusive that the defendant
endeavored to have carnal inter course with her, but there is The defendant is guilty of frustrated rape.
doubt as to whether he succeeded in penetrating the vagina
as he was disturbed by the timely intervention of the mother Rationale:
and sister of the child.
The physician who examined the genital organ of the There being no conclusive evidence of penetration of
child, a few hours after the commission of the crime, found a the genital organ of the offended party, the defendant is
slight inflammation of the exterior parts of the organ, indicating entitled to the benefit of the doubt, and can only be found
that an effort had been made to penetrate. However, the guilty of frustrated rape , but in view of the fact that he was
defendant expressed before the court that he had doubts as to living in the house of the parents of the child as their guest, the
whether entry had happened. The mother of the child testified aggravating circumstance of abuse of confidence existed and
that she found her daughter’s genital organ covered with a the penalty must therefore be imposed in its maximum degree.
sticky substance, but that cannot be considered conclusive
evidence of penetration. The defendant-appellant is hereby found guilty of the
It has been suggested that the child was of such tender crime of frustrated rape and is sentenced to suffer twelve
age that the penetration was impossible, that the crime of rape years of prision mayor , with the accessory penalties
was impossible of consummation. Therefore the offense prescribed by law, and with the costs in both instances. So
committed should be treated only as abusos deshonestos. ordered.
However, the plaintiffs argue otherwise.
Dissenting Opinion:
While it is probably true that complete penetration was
Malcom, J.,
impossible, they argue that penetration is not essential to the
The accused is guilty of raping a child 3 years and 11
commission of the crime. It is sufficient if there is penetration of
months of age. It is consummated rape according to the
the labia.
evidence of record, findings of the trial judge, and our
In the case of Kenny vs. State, where the offended
decisions. The instant case is on all fours with the case of
party was a child of the age of 3 years and 8 months the
Kenney vs. State. In the Kenney case, the penalty was death,
testimony of several physicians was to the effect that her labia,
and here for this horrible crime, should be placed in the
of a child of that age, can be entered by a man's male organ to
maximum degree or 17 years, 4 months, and 1 day
the hymen and the defendant was found guilty of the
imprisonment, as imposed by the trial court.
consummated crime rape.