People vs. Orita, G.R. No.
88724, August 3, 1990
FACTS: he accused, Ceilito Orita alias Lito, was charged with the crime of rape
in Criminal Case Branch II, Borongan, Eastern Samar.
March 20, 1983, at about 1:30 o'clock in the morning inside a boarding house at
Victoria St., Poblacion, Borongan, Eastern Samar, Philippines, and within the
jurisdiction of this Honorable Court, above named accused with lewd designs and by the
use of a Batangas knife he conveniently provided himself for the purpose and with
threats and intimidation, did, then and there willfully, unlawfully and feloniously lay with
and succeeded in having sexual intercourse with Cristina S. Abayan against her will
and without her consent.
Upon being arraigned, the accused entered the plea of not guilty to the offense
charged. Filed a Motion to Dismiss. On August 5, 1985, the trial court rendered its
decision.
ISSUE: 1) Whether or not, the trial court erred in disregarding the substantial
inconsistencies in the testimonies of the witnesses; and
2) Whether or not, the trial court erred in declaring that the crime of frustrated
rape was committed by the accused.
RULING: The accused contends that there is no crime of frustrated rape. The Solicitor
General shares the same view. The Court being morally certain of the guilt of accused
CEILITO ORITA y LITO, of the crime of Frustrated Rape (Art. 335, RPC), beyond
reasonable doubt, with the aggravating circumstances of dwelling and nigh time (sic)
with no mitigating circumstance to offset the same, and considering the provisions of the
Indeterminate Sentence Law, imposes on accused an imprisonment of TEN (10)
YEARS and ONE (1) DAY, PRISION MAYOR, as minimum to TWELVE (12) YEARS
PRISION MAYOR, maximum; to indemnify CRISTINA [Link], the amount of Four
Thousand (P4,000.00) pesos, without subsidiary imprisonment in case of insolvency,
and to pay costs.
Court of Appeals rendered its decision, the dispositive portion of which reads (p.
102, Rollo): "WHEREFORE, the trial court's judgment is hereby MODIFIED, and the
appellant found guilty of the crime of rape, and consequently, sentenced to suffer
imprisonment of reclusion Perpetua and to indemnify the victim in the amount of
P30,000.00.
"show remarkable and vital inconsistencies and its incredibility amounting to fabrication
and therefore casted doubt to its candor, truth and validity. The allegation would have
been meritorious had the... testimony of the victim ended there. The victim testified
further that the accused was holding a Batangas knife during the aggression. This is a
material part of the victim's testimony which the accused conveniently deleted.
Summing up, the arguments raised by the accused as regards the first
assignment of error fall flat on its face. Some were not even substantiated and do not,
therefore, merit consideration. We are convinced that the accused is guilty of rape.
However, we believe the subject matter that really calls for discussion is whether
or not the accused's conviction for frustrated rape is proper. The trial court was of the
belief that there is no conclusive evidence of penetration of the genital organ of the
victim and thus convicted the accused of frustrated rape only. 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
has 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. In a long line of cases.
ACCORDINGLY, the decision of the Regional Trial Court is hereby MODIFIED.
The accused Ceilito Orita is hereby found guilty beyond reasonable doubt of the crime
of rape and sentenced to reclusion perpetua as well as to indemnify the victim in the
amount of P30,000.00.
