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Consti 2
Criminal Law I First Semester, First Year AY 2009-2010
ARTICLE 6 and 7 – Consummated, Frustrated and Attempted Felonies BALEROS, JR. VS. PEOPLE 483 SCRA 10 Parties Involved Renato “Chito” Baleros, Jr. as petitioner People as respondent
Held
1. No. The court’s decision was merely based on speculations. 2. Yes. SC reversed reversed and and modifies modifies the decision decision of the CA, acquittin acquitting g Chito of attempted rape. He is adjudged guilty of light coercion and is ordered to serve 30 days of arresto mayor and pay PHP 200.
Facts Early morning of Dec. 13, 1991, Malou was awakened by a smell of chemical on a piece of cloth pressed on her face. She struggled to break free but his attacker was pinning her down, holding her tightly. When her right hand finally got free, she grabbed and squeezed the sex organ of his attacker. The man let her go, enabling Marilou to seek help from her maid and classmates living nearby.
Doctrine/Ratio Art. 335 of the RPC, rape is committed by a man who has carnal knowledge or intercourse with a woman under any of the following circumstances: 1. By using using force force or intim intimidat idation ion 2. When woman woman is deprived deprived of reason or otherwise otherwise unconsci unconscious ous 3. When woman woman is is under 12 years of age or demented demented
An investigation was conducted in which the evidences pointed to Chito as the attacker. The RTC thus found Chito guilty for attempted rape and ordered him to suffer an indeterminate sentence (from prision correccional as minimum to prision mayor as maximum) and to pay Malou PHP 50,000.
Art. 6 of the RPC defines attempted rape when offender commences the commission of rape directly by overt acts and does not perform all the acts of execution which should produce the crime of rape by reason of some cause or accident other than his own spontaneous desistance.
Chito made an appeal to the CA only to be denied. He moved for a reconsideration but to no avail. He thus made an appeal to the SC arguing that: 1. There was not not enough enough evidence evidence to find him guilty guilty of the crime crime 2. Prosecution Prosecution failed failed to satisfy satisfy all requisite requisites s for conviction conviction 3. Circumstances relied on to convict him were unreliable, inconclusive and contradictory. 4. There There was was no moti motive. ve. 5. The awarding awarding of damages damages to complainant complainant was was improper improper and unjustified. unjustified. 6. In failing to appreciate appreciate in his his favour the constitutio constitutional nal presumptio presumption n of innocence and that moral certainty has not been met, he should be acquitted on the basis that the offense charged has not been proved beyond reasonable doubt.
The attempt attempt which which RPC RPC punishes punishes is the act that has logical logical connection connection to the crime crime that 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 a chemical-soaked cloth while on top of Malou did not necessarily constitute an overt act of rape. Moreover, the petitioner did not commence any act that was indicative of an intent to rape Malou. The petitioner was fully clothed; there was no attempt to neither undress her nor touch her private part. In the crime of rape, penetration is an essential requisite. Therefore for an attempted rape, accused must have commenced the act of penetrating but for some cause or accident other than his own spontaneous desistance, the penetration was not completed. Thus petitioner’s act of lying on top of her, embracing and kissing her or touching her private part do not constitute rape or attempted rape.
Issues
1. Whether the evidence adduced by prosecution has established beyond reasonable doubt the guilt of the petitioner for the crime of attempted rape 2. Whether Whether or not the CA erred erred in affirming affirming the the ruling of the the RTC finding finding petitioner guilty beyond reasonable doubt of the crime of attempted rape