PEOPLE v.

CEILITO “Lito” ORITA

GR NO.88724 | April 3, 1990 | J. Medialdea
Stages of Execution

DOCTRINE:
There are only two stages of execution in the crime of Rape: it is Attempted when there is no penetration of the
female organ on the other hand it is Consummated when there is perfect penetration or even entry of the labia
without rupture of hymen or laceration.

FACTS:
 Orita is a Philippine Constabulary soldier who was charged with the crime of Rape because of the
following incidents
 Sometime in March 1983, a 19 year old college freshman Cristina Abayan was brought home by her
classmates after going to a party. When she knocked at the door of her boarding house somebody held
her and poked a balisong knife to her neck. Turned out, that somebody is Orita who happens to be a
frequent visitor of another boarder.
 Orita, using force, ordered and dragged Cristina to go upstairs and find a room. Upon entering the room
Orita while still holding the knife undressed himself and ordered Cristina to remove her clothes. Cristina
obeyed due to fear.
 Since Cristina was scared, she followed whatever Orita had ordered. Thus, Orita made her hold his penis
and insert to her vagina. Only a portion of his penis was inserted because she kept on moving.
 It was only when Orita laid down on his back and instructed Cristina to mount him that she was able to
escape. Even though she was naked, she jumped out the window and darted to the municipal building
where she was found by police officers.
 Upon Cristina’s recount of the incident, the police officers rushed to the boarding house to arrest Orita yet
they failed to apprehend him.
 Meanwhile, the medical – physical examination of Cristina yielded neither abrasions nor any fresh hymen
laceration but the vulva was erythematous (abnormal redness due to inflammation) and tender.
 With that, the RTC convicted Orita of Frustrated Rape with ISL penalty of 10y1d Prision Mayor as min to
12yPrison Mayor as max plus 4k w/o subsidiary imprisonment.
 Unsatisfied, Orita appealed claiming there is no crime of Frustrated Rape. CA forwarded such appeal to
the Supreme Court.

ISSUE:
Whether there is a Frustrated stage in Rape

HELD:
NO, because there are only two stages of execution in the crime of Rape: it is Attempted when there is no
penetration of the female organ on the other hand it is Consummated when there is perfect penetration or even
entry of the labia without rupture of hymen or laceration.
The requisites of a frustrated felony are: (1) that the offender has performed all the acts of execution which would
produce the felony and (2) that the felony is not produced due to causes independent of the perpetrator’s will.

The essential element which distinguishes attempted from frustrated felony is that, in the latter, there is no
intervention of a foreign or extraneous cause or agency between the beginning of the commission of the crime and
the moment when all of the acts have been performed which should result in the consummated crime; while in the
former there is such intervention and the offender does not arrive at the point of performing all of the acts

Clearly, in the crime of rape, from the moment the offender has carnal knowledge of his victim, he actually attains
his purpose and, from that moment also all the essential elements of the offense have been accomplished. Nothing
more is left to be done by the offender, because he has performed the last act necessary to produce the crime.
Thus, the felony is consummated.
We have set the uniform rule that for the consummation of rape, perfect penetration is not essential. Any
penetration of the female organ by the male organ is sufficient. Entry of the labia or lips of the female organ,
without rupture of the hymen or laceration of the vagina is sufficient to warrant conviction. Necessarily, rape is
attempted if there is no penetration of the female organ because not all acts of execution was performed.

IN THIS CASE, although there was no laceration, the penetration was not negated. The finding by the physician of
redness and tenderness of the vulva plus the testimony of victim Cristina herself is sufficient evidence to prove
beyond reasonable doubt that Rape was consummated.
RTC decision MODIFIEED. Guilty of Rape and sentenced to Reclusion Perpetua and P30k.